Sec. 19-182. - Unlawful use of a handheld electronic communication device.
(a) Whereas, in 2010, 3,267 people were killed in crashes involving a distracted driver, and in 2011, the number of persons killed was 3,331. An additional 416,000 persons were injured in 2010 and 387,000 people were injured in 2011 in motor vehicle crashes involving a distracted driver.
Whereas, the U.S. Department of Transportation reported that at any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010.
Whereas, Distraction.gov, the U.S. Department of Transportation official website for distracted driving, recently reported that sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds; at 55 mph of driving, that is the equivalent of driving the length of an entire football field, blind.
Whereas, city council finds that it is in the best interest of the citizens, visitors, and residents using the city's public rights-of-way to take action to improve the safety of our streets by prohibiting the use of handheld electronic communication devices for texting and other visual-manual subtasks such as emailing by those operating a vehicle in the City of Charleston.
Whereas, city council finds that the dangers associated with texting and performing other visual-manual subtasks such as emailing are similar for operators of motor vehicles and operators of other types of vehicles such as skateboards, scooters, golf carts, bicycles, and mopeds.
(b) Offense. Except as otherwise provided in subsection (c) of this section, no person shall operate a vehicle on a public street or highway within the city limits while using a handheld electronic communication device.
(c) Exceptions. The provisions of this section shall not apply to the following:
(1) Any person using a handheld electronic communication device while maintaining a vehicle in a stationary and parked position;
(2) Any person using a handheld electronic communication device for voice communication while operating or using the vehicle;
(3) Any of the following persons while in the performance of their official duties: a law enforcement officer, a firefighter, emergency medical technician, or other public safety official while in the performance of the person's official duties;
(4) Any person using a handheld electronic communication device to call 911 or other emergency telephone numbers to contact public safety forces.
(d) Definitions. For the purposes of this section, the following terms shall be applicable:
(1) Handheld electronic communication device shall mean an electronic device including, but not limited to a telephone, cell phone, personal digital assistant, text messaging device, email messaging device, a computer, or other such instrument that allows a person to wirelessly communicate with another while holding or operating such with the hand.
(2) Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway.
(3) On-board communications device shall mean a communications systems or device that is hard-wired into the motor vehicle.
(4) Use shall mean holding a portable electronic communication device while viewing, taking, or transmitting images, playing games, or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving email, text messages, or other electronic data.
(e) Penalty. A violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) plus the costs assessed to the court. No driver's license points shall be assessed as a result of a violation of this section.
(f) Law enforcement officers must not:
(1) Stop a person for violating this section unless the officer has probable cause that a violation has occurred based on the officer's clear and unobstructed view of a person's use of the handheld electronic communication device while driving or operating a vehicle upon the public streets and highways of the city. If an arresting officer has probable cause to believe that the vehicle driver has violated this section, the officer may subpoena the telephone records of that device. The arresting officer or the defendant may admit as evidence, without providing a chain of custody, the telephone number or texting information, or both, that are relevant to a violation of this section.
(2) Seize or require the forfeiture of a handheld electronic communication device because of a violation of this section.
(Ord. No. 2013-107, § 1, 10-8-13
