§ 30-421. Use of cellular telephones while driving.

(1)

Scope of regulation; preemption of municipal regulation. The provisions of this section shall apply in both the incorporated and unincorporated areas of Miami-Dade County, with the enforcement of this section in the unincorporated area being the responsibility of Miami-Dade County and in the incorporated area being the responsibility of the corresponding municipality. Municipal ordinances regulating the area covered by this section shall be preempted.

(2)

Definitions. For purposes of this section, the following definitions for terms used herein shall apply:

(a)

Cellular telephone means any device capable of sending or receiving voice telephone communications without an access line for service, including but not limited to analog, digital and wireless telephones.

(b)

Use means sending or receiving or attempting to send or receive a communication, listening, dialing, researching or talking on a cellular telephone.

(c)

Hands-free device means an internal device, attachment, add-on or addition to a cellular telephone or motor vehicle, whether or not permanently installed in the motor vehicle, that when used:

(i)

Allows the operator of a motor vehicle to maintain both hands (or prosthetic device or aid in the case of a physically disabled person) on the applicable steering device; and

(ii)

Allows for surrounding sound to be heard by one or both ears.

(3)

Use of cellular telephones while driving without hands-free device prohibited; exception.

(a)

No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.

(b)

Notwithstanding, this section shall not prohibit use of a cellular telephone by:

(i)

Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such;

(ii)

A person who has reason to fear for his or her life or safety; or

(iii)

A person to report a fire, traffic accident where injuries are apparent, a serious road hazard, or to report a person who is driving in a reckless manner or who appears to be under the influence of alcohol or drugs.

(4)

Sale or rental of cellular telephones without written instructions on use while driving prohibited. Any person who owns, conducts, operates or manages a retail establishment selling or renting cellular telephones shall provide written instructions to each purchaser or lessee of a cellular telephone about the safe use of a cellular telephone while driving, hands-free options that are available, and the applicability of this section.

(5)

Vehicle rental without written instructions on use of cellular telephones while driving prohibited. Any person who owns, conducts, operates or manages a retail establishment renting a vehicle shall provide written instructions to each lessee about the safe use of cellular telephones while driving, hands-free options that are available, and the applicability of this section.

(6)

Penalty. A violation of section 30-421 is a noncriminal traffic ordinance violation, punishable by a fine of two hundred and fifty dollars ($250.00) or successful completion of a driver improvement course. Notwithstanding, within the first thirty (30) days of the effective date of this section, only a verbal warning shall be given.

(7)

Trust Fund. There is hereby created the Miami-Dade County Cellular Telephone Trust Fund. Penalties received from violators of this section shall be placed in the trust fund. The Board of County Commissioners shall direct the expenditures of monies in the fund. Such expenditures shall be limited to expenses related to awareness of the dangers of cellular telephone use while driving.

(Ord. No. 01-148, § 1, 9-25-01)