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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-249Temp. Reso. #9496 Page 1 8/29/01 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 Temp. Reso. #9496 Page 2 8/29/01 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 Temp. Reso. #9496 Page 3 8/29/01 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. Temp. Reso. #9496 Page 4 8/29/01 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