BOROUGH OF NORWOOD

ORDINANCE NO. 03-11

 

AN ORDINANCE SUPPLEMENTING THE CODE OF

THE BOROUGH OF NORWOOD TO REGULATE THE

USE OF MOBILE TELEPHONES IN MOTOR VEHICLES

 

            BE IT ORDAINED by the Mayor and Council of the Borough of Norwood, County of Bergen, and State of New Jersey, as follows:

            Section 1.  The Code of the Borough of Norwood is hereby supplemented by the addition  of the following:

Chapter 107

MOBILE TELEPHONE USAGE

§ 107-1.  Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MOBILE TELEPHONE - The device used by subscribers and other users of wireless telephone service to access such service.

WIRELESS TELEPHONE SERVICE - Two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service.

USING - Holding a mobile telephone to, or in the immediate proximity of, the user’s ear.

HAND-HELD MOBILE TELEPHONE - A mobile telephone which a user engages in a call by using at least one hand.

HANDS-FREE MOBILE TELEPHONE - A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.

ENGAGE IN A CALL - Talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.

IMMEDIATE PROXIMITY - The distance that permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator’s ear.

§ 107-2.  Prohibited Uses.

A.        Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public street or highway while using a mobile telephone to engage in a call while such vehicle is in motion.

B.         An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call.

C.        The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone unless otherwise provided by law.

§ 107-3.  Exceptions.

§ 107-2 shall not apply to:

A.        The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department;

B.         Any of the following persons while in the performance of their official duties: a police officer or peace officer; a member of a fire department, district or company; or the operator of an authorized emergency vehicle; or

C.        The use of a hands-free mobile telephone.

§ 107-4  Penalties.

A violation of this chapter shall be punishable by a fine not to exceed $250.00.

 Section 2.  Repealer.

All ordinances or parts of ordinances inconsistent or in conflict with this Ordinance are hereby repealed as to said inconsistencies and conflicts.

Section 3.  Severability.

If any section, part of any section, or clause or phrase of this ordinance is for any reason held to be invalid or unconstitu­tional, such decision shall not affect the remaining provisions of this ordinance.  The governing body of the Borough of Norwood declares that it would have passed the ordinance and each section and subsection thereof, irrespective of the fact that any one or more of  the subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.

Section 4.  Effective Date.

This ordinance shall take effect immediately upon passage and publication according to law.

 

 

 

Introduced: _________________________

 

Adopted: ___________________________

 

 

 

 

 

 

Approved:            _________________________________

                        Gus D’Ercole, Mayor

 

 

Attest:             ______________________________

      Lorraine L. McMackin, Clerk