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CITY OF HIGHLAND VILl.AGE, TEXAS ORDINANCE NO. 08-1049 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HIGHLAND VILLAGE, TEXAS, AMENDING CHAPTER 861 "TRAFFIC AND VEHICLES," OF THE CODE OF ORDiNANCES OF THE CITY OF HIGHLAND VILLAGE, BY ADDING A NEW ARTICLE VIII, "USE OF HAND-HELD MOBILE TELEPHONES PROHIBITED IN CERTAIN LOCATIONS," AND A NEW SECTION 86-190, "USE OF HAND-HELD MOBILE TELEPHONES PROHIBITED IN ACTiVE SCHOOL ZONES"; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Councii of the City of Highland Village, Texas, wishes to serve and protect school-aged children traveling to and from elementary schools and other educational facilities throughout the City, and to that end, the State of Texas has adopted certain laws regulating the speed of motor vehicles in a"school zone," applying only to official school days during the hours when the school zone is in effect; and WHEREAS, using a hand-held mobile telephone (ucell phone") while operating a motor vehicle unnecessarily distracts the driver from his or her operation of said motor vehicle and limits the driver's ability to steer and maneuver said motar vehicle and thus causes him or her to concentrate less on driving safely; and WHEREAS, the City Council of the City of Highland Village, Texas, finds that the use of a hand-held mobile telephone white operating a motor vehicle in a"school zone" (on official school days and during hours when the school zone is in effect) creates a danger, or the probability thereof, to school children and others that the City seeks to minimize; and WHEREAS, the safety of all school-aged children traveling to and from schools and other educational facilities located in the City is of paramount importance to the City, and as such, demands a high standard of care and contral; and WHEREAS, the City desires to implement those rules and regulations that protect health, life and praperty and preserve good govemment, order and security of the City and its inhabitants. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HIGHLAND VILLAGE, TEXAS, THAT: SECTION 1. All of the above premises are hereby found to be true and correct factual and legislative determinations of the City of Highland Vil(age and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. Frorn and after the effective date of this Ordinance, Chapter 86 of the Code of Ordinances of the City of Highland ViIlage is hereby amended by the addition of a new Article VII1, "Use of Hand-Held Mobils Telephones Prohibited in Certain Locatians," Section 86-190, "Use of Hand-Held Mobile Telephones Prohibited in School Zones,° to read as follows: . UOU15;3