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(d) Subseation (b) shall not apply to: (1) the use of a mobile telephone for the sole purpose of communicating with any of the foilowing regarding an emergency situation: an emergency response operator; a hospital, a physician's office or health clinic; or a public safety department; (2) any !aw enforcement, police officer, emergency services official, first aid, emergency medical technicians and personnei, or any fire safety official in the perfarmance of duties arising out vf an emergency in the course of his or her employment as such; or (3) the use of a hands-free mobile telephone when being used in a hands- free manner. (e) The violation of this section is a strict liability affense. SECTION 3. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Highland Vllage, may be fined in the amount not to exceed the sum of finro hundred dollars ($200.00) for each offense. SECTION 4. This Ordinance shall be cumulative of a{I provisions of ordinances of the City of Highland Village, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION S. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect. SECTION S. This Ordinance shall take effect and be in full force from and after its passage and publication as required by law. PASSED AND APPROVED BY THE C1TY COUNCIL OF THE ClTY OF HIGHLAND VILLAGE, TEXAS, ON FIRST READING ON THtS THE 22"d DAY OF APRIL, 2008. PASSED AND APPROVED BY THE CITY COUNCIL OF THE C1TY OF HIGHLAND VILLAGE, TEXAS, ON SECOND READING ON THIS THE 13t' DAY OF MAY, 2008. APPROVED: ~ i nne Costa, Mayor Ordinance 08-1049 Page 3 of 4 ' 000155