Texting While Driving

AN ORDINANCE OF THE CITY OF CLEMSON, SOUTH CAROLINA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF CLEMSON, SOUTH CAROLINA, BE AMENDED BY ADDING A SECTION, TO BE NUMBERED SECTION 18 - 35, WHICH SECTION SHALL READ AS FOLLOWS:
SECTION 18 - 35. Unlawful use of mobile telephone for text messaging or electronic mail
AN ORDINANCE TO MAKE IT UNLAWFUL TO USE A MOBILE TELEPHONE FOR EMAILING OR TEXT MESSAGING WHILE OPERATING A VEHICLE ON A PUBLIC STREET OR HIGHWAY OR IN A PUBLIC VEHICULAR AREA WITHIN THE CITY LIMITS OF CLEMSON, SOUTH CAROLINA
CHAPTER 18; Section 18 – 35


(a) Offense

It is unlawful for a person to drive a motor vehicle in motion on a public street or highway or in a public vehicular area within the city limits of Clemson, South Carolina, while text messaging, reading text messages, reading printed materials, or emailing. If an arresting officer has probable cause to believe that the motor vehicle driver has violated this section, he may view the cellular telephone transmitting or receiving device upon which the text messaging occurred to ascertain whether the text messaging occurred at or about the time of the violation and may subpoena the telephone records of that device. The arresting officer or the defendant may admit as evidence, without providing chain of custody, telephone number or texting information, or both, that are relevant to a violation of this section.

(b) Exceptions – The provisions of this section shall not apply to the following:
1. The operator of a motor vehicle that is lawfully parked or stopped.
2. Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.
4. The use of voice-operated technology.

(c) Penalty
A violation of this ordinance shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) plus the costs assessed to the court.
No drivers license points or insurance surcharge shall be assessed as a result of a violation of this ordinance.

(d) Implementation

This ordinance becomes effective June 1, 2010, and applies to offenses committed on or after that date.
Done and ordained this 15th Day of February, 2010.
Ordinance No CC-2010-02
First Reading: February 1, 2010
Final Reading: February 15, 2010

Click Here to view the official ordinance on Municode's website.