HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-249Temp. Reso. #9496
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-249
A RESOLUTION OF THE CITY COMISSION OF THE CITY OF TAMARAC,
FLORIDA, SUPPORTING THE ADOPTION OF A COUNTYWIDE
ORDINANCE OR STATEWIDE LEGISLATION REGULATING THE USE OF
HAND HELD MOBILE TELEPHONES WHILE OPERATING MOTOR
VEHICLES; COMMUNICATING THE CITY COMMISSION'S
ENDORSEMENT OF LEGISLATION ON EITHER A COUNTYWIDE OR
STATEWIDE BASIS TO THE BROWARD COUNTY LEAGUE OF CITIES,
THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE
CHAIRPERSON OF THE BROWARD COUNTY COMMISSION, THE
GOVERNOR, AND THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the use of hand held mobile telephones by the general public has
become very prevalent throughout the United States;
WHEREAS, the City Commission of the City of Tamarac ("City Commission") hereby
finds and determines that the extensive growth in the wireless communications industry
over the past 10 years has been accompanied by growing concerns for the potential
hazards of drivers using hand held wireless communication devices while operating moving
vehicles; and
WHEREAS, the City Commission further finds and determines that the National
Highway Traffic Safety Administration (NHTSA), whose mission is to save lives, prevent
injuries and reduce traffic -related health-care costs and other economic costs through
regulations, enforcement, economic incentives, educational programs, basic and applied
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research and technology demonstration programs, has taken a particular interest in this
issue; and
WHEREAS, the report prepared by the NHTSA concludes that the inattention and
distraction created by the use of cellular telephones while driving increases the risk of
crashes with concomitant injury, property damage, lost work, hours and even death; and
WHEREAS, The City Commission finds that the NHTSA report encourages
governmental entities to actively enforce their reckless and inattentive driving laws,
regardless of the causes of such behavior; and
WHEREAS, the City Commission determines that increasing concerns over the
safety of using hand held wireless communication devices while driving, particularly within
the public sector, has been reflected in the growing number of legislative initiatives in the
states and cities that address the use of hand held mobile wireless communications in
vehicles; and
WHEREAS, the City Commission further finds that the operation of motor vehicles
on public roadways while using hand held mobile telephones may cause the operator to
maintain less than full-time attention to the operation of said motor vehicle; and
WHEREAS, the City Commission also finds that advances in technology have made
voice -activated mobile telephones, as well as hands -free phone accessories such as
cellular headsets and cigarette lighter adapter, available to the public; and
WHEREAS, the purpose of the proposed legislation would be to regulate the use of
hand held mobile telephones while operating motor vehicles within Broward County and
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the City of Tamarac in order to enhance the safety of operators and passengers in the
vehicles, as well as pedestrians;
WHEREAS, the City Commission of the City of Tamarac finds that legislation
regulating the use of hand held mobile telephones while operating motor vehicles would be
in the best interests of the citizens and residents of the City of Tamarac and thereby
desires to endorse and support such legislation either on a countywide or statewide basis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac hereby advises the
Governor of the State of Florida, the Local Legislative Delegation, the Broward League of -
Cities, the Chairperson of the Broward County Commission, and the Florida League of
Cities of the City's support and endorsement of legislation to regulate the use of hand held
mobile telephones while operating motor vehicles.
SECTION 3: The City Administration is hereby authorized and directed to do
all things necessary and expedient in order to facilitate the adoption of legislation either on
a countywide or statewide basis regulating the use of hand held mobile telephones while
operating motor vehicles.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 12' day of September,2001.
JOE SCHREIBER
MAYOR
-=ATTEST:
RECORD OF COMMISSION VOTE:
MARION S ENSON, CMC
CITY CLERK MAYOR SCHREIBER ,4y�
DIST 1: COMM. PORTNER Ayer
DIST 2: COMM. MISHKIN Ay
I HEREBY CERTIFY that I DIST 3: V/M SULTANOF Aye,
have approved this DIST 4: COMM. ROBERTS A e,
RESOLUTION as to form.
ITCHELL S. KF
CITY ATTORN
1