HomeMy WebLinkAboutReso 2001-353
RESOLUTION NO. 2001-.353
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ENDORSING ATTORNEY
GENERAL OPINION 01-49, PERMITTING MUNCIPALITIES TO PASS
LEGISLA TION REQUIRING HANDS-FREE HEAD SETS FOR THE
OPERA TION OF CELLULAR TELEPHONES WHILE DRIVING A
MOTORVEHICLE AND DIRECTING THE CITY ATTORNEY TO
DRAFT SUCH LEGISLATION WHEN, AND IF, THE STATE AND/OR
THE COUNTY OF MIAMI-DADE PASSES SUCH LEGISLATION IN
ORDER THAT IT MAYBE ENFORCED PROPERLY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Pinecrest requested an opinion from the State of Florida,
Office of the Attorney General as to whether a governing body may enact an ordinance requiring
hands-free headsets for the operation of cellular telephones while driving a motor vehicle within
the municipal boundaries; and
WHEREAS, on July 16, 2001, by Attorney General Opinion 01-49, the Attorney
General opined that a municipal ordinance requiring hands-free headsets for the operation of
cellular telephones while driving a motor vehicle is permissible; and
WHEREAS, such legislation would otherwise be unenforceable if the State and/or the
County does not enact similar legislation provided however, that if either does, the City of Sunny
Isles Beach intends to pass its own legislation requiring same;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Endorsement of Attorney General Opinion 01-49. This Commission, in concept,
endorses an ordinance requiring hands-free headsets for the operation of cellular telephones
being used while driving a motor vehicle within the corporate boundaries of the City of Sunny
Isles Beach.
Section 2. Direction to City Attorney. The City Attorney is hereby directed to draft
legislation requiring hands-free headsets for the operation of cellular telephones being used while
driving a motor vehicle within the City boundaries of the City of Sunny Isles Beach once the
State of Florida and/or Miami-Dade County has passed such legislation in order to be able to
enforce such an ordinance.
Section 3.
Effective Date. This Resolution becomes effective upon adoption.
Hands-Free Cellular Use Res.
LMD:ch
Legislation/Resolutions/Attorney
Rev.7/25/01 - 3:34 PM
1
David Samson, Ma r
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':Rich~d Btown-MoliJIa, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Moved by:
Com.nvssr 'On€r !no rrnu)
Second by:
VOTE: 4- -0-1
Mayor David Samson
Vice Mayor Kauffman A bS0r\+
Commissioner Iglesias
Commissioner Morrow
Commissioner Turetsky
yes V
yes_
yes V
yes~
yes V
no_
no_
no_
no_
no_
Hands-Free Cellular Use Res.
LMD:ch
Legislation/Resolutions/Attorney
Rev.7/25/01 - 3:34 PM
2