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24 Not an action itemCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/06/08 Council Date: Legal Department Kent McIlyar 24. 10/13/08 RECOMMENDED MOTION: Not an action item. POLICY ISSUE(S): Public safety BACRGROUND: Council Member Pickle requested a discussion item on the possibility of prohibiting the usage of cell phones in school zones. I have attached sample ordinances from other cities for review by Council and staff. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Ordinances from the cities of Wylie, West University Place, Highland Village and San Antonio ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - U00143 ORDINANCE NO. 2008-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE III, (OPERATION OF VEHICLES), CHAPTER 110 (TRAFFIC AND VEHICLES) OF THE CODE OF ORDINANCE5 OF THE CITY OF WYLIE AND ADDING A NEW SECTION 110- 114 (USE OF HAND-HELD MOBILE TELEPHONES PROHIBITED IN SCHOOL ZONES); PROVIDING FOR A PENALTY OF THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, REPEALING AND SAVING CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE OF AUGUST 25, 2008 FOR THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Counci]") has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of the City of Wylie, Texas (the "City") to amend Article III (Operation of Vehicles), Chapter 110 (Traffic and Vehicles) of the Code of Ordinances of the City of Wylie by adding a new Section 110-114 (llse of Hand-held Mobile Telephones Prohibited in School Zones) as set forth below; and WHEREAS, the City Council has investigated and detezmined that the use of hand-held mobile telephones to engage in a call or the use of a mobile communication device to send, read, or write a text message while operating a moving motor vehicle is a traffic hazard and a danger to the public because such actions limit the driver's ability to steer and maneuver the motor vehicle in a safe manner, require the driver to remove his or her eyes from the road thereby limiting his or her ability to see and react to hazards, and otherwise distract the driver's concentration from the safe operation of the motor vehicle; and WHEREAS, the City Council has investigated and determined that the use of a hand- held mobile telephone to engage in a call or the use of a mobile communication device to send, read, or write a text message while driving in a school zone on official school days and during hours when the school zone is in effect creates a particular danger or probability of danger to school children traveling to and from schools and other educational facilities in the City; and WHEREAS, the City Council believes that prohibiting the use of hand-held mobile telephones to engage in calls ar mobile communication devices to send, read, or write text messages while driving in active school zones, with certain defenses, would further protect the public health, safety, and welfare, especially of school-aged children. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findinss Incoraorated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Ordinance No. 2008-19 Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 1 508687.v3 . 000144 SECTION 2: Amendment to Article III (Oaeration of Vehicles). Chanter 110 (Traffic and Vehicles) of the Code of Ordinances of the Citv of Wvlie bv addine a new Section 110-114 (Use of Hand-held Mobile Telenhones Prohibited in School Zones). Article III (Operation of Vehicles), Chapter 110 (Traffic and Vehicles) of the Code of Ordinances of City of Wylie, is hereby amended by adding a new Section 110-114 (Use of Hand-Held Mobile Telephones Prohibited in School Zones) to read as follows: "Sec.110-114. Use of I3and-Held Mobile Telephones Prohibited in School Zones. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Engaging in a call shall mean talking into, dialing, or listening on a hand-held mobile telephone. Hands free mobile telephone shall mean a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid, in the case of a physically disabled person) whether or not the use of the hand (or prosthetic device) is necessary to activate, deactivate, or initiate a function of such telephone. Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid, in the case of a physically disabled person). Mobile communication device shall mean a text-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA). Mobile telephone shall mean the device used to access a wireless telecommunications service. School zone shall mean those school zones as designated in Section 110-133 of this chapter. Text message shall mean a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system. Ordinance No. 2008-19 Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 2 508687.v3 . 000145 Wireless telecommunication service shall mean two-way real time voice or other data telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service. (b) It shall be unlawful for any person to use a hand-held mobile telephone to engage in a call or use a mobile communication device to send, read, or write a text message, while operating a moving motor vehicle in school zone: (1) on an official school day; (2) during the hours when the school zone is in effect. See Section 110-113 for the list of times in which school zones are in effect; and (3) when signs stating, "NO TEXT-MESSAGING OR HAND-HELD CELL PHONE USE IN ACTIVE SCHOOL ZONE," or similar language is conspicuously posted at each entrance to the school zone. (c) An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call under this section. Immediate proximity is any distance that permits the user of a mobile telephone to hear telecommunications transmitted over the telephone and does not require physical contact with the user's ear. (d) It is a defense to prosecution under this section if a person is: (1) using the mobile telephone or mobile communication device to report illegal activity to a law enforcement agency; to communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a heath clinic regarding a medical or other emergency situation; or to prevent injury to a person or property; or (2) operating an authorized emergency vehicle and using the mobile telephone or mobile communication device in the course and scope of the person's official duties; or (3) using a hands-free mobile telephone in a hands-free manner. (e) Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding five hundred dollars ($500.00). An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record. " SECTION 3. Savings/Reuealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No. 2008-19 Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 3 508687.v3 - 000146 SECTION 4. Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5. Penaltv Provision. Any person, firm, corporation or business entity violating this, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HLTNDRED DOLLARS ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6. Effective Date. This Ordinance shall become effective August 25, 2008 upon adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on the 8`h day of April, 2008. John Mondy, Mayor ATTEST: Carole Erhlich, City Secretary Date of publication in The Wvlie News - April 16, 2008 Ordinance No. 2008-19 Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 4 508687.v3 w oo014 ! ORDlNANCE N0.1868 pN 4RDtNANCE OF THE CITY. CAMENDING CHAPTER 4s WEST UNIVERSITY PLACE, TEXAS, ARTICLE II, OF THE CODE OF ORDINAN OPT NG HSECTtONF 46E55, UNIVERSITY PLACE, TEXAS, BY AD AREAS ENTITLED USE OF COMMUNICATIONS DHEICEUSE SCHO OF oLMOBILE WHILE DREVIi~G; PROHtBITING TOR COMMUNICATtONS DEVICES WHILE OP PENAL, Y,~ pROV~DING VEHICLE IN SCHOOL AREA; PROVtDING A SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Y NOW, THEREFORE, BE IT ORDAtP1ED BY THE CITY COUNCIL OF THE C1T pF WEST UIdtVERSfTY PLACE THAT: Section 1. Chapter 46, Article Il of the Cod on 46-55 to read as set out in University Place, Texas is amended by adoption of Sect d9x A, attached hereto. Ail other portions of Chapterand effect the Code of Appen Ordinances not spec+ficatly amended hereby remam m ulI fo Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent af the conflict only hrase, clause, sentence, paragraph, section or other Section 3. if any word, plication #hereof to any person or circums#ance, shall part of this Ordinance or the app court ort competen# jurisdiction, ever be held to be invatid or unconstitutionai bY any ~ of such word, phrase, neither the remainder of this Ordinance, nor the appl~cation ause sentence, paragraph, section or other part of this Ordinance to any other c1 , persons or circumstances, shall be affected thereby. declares Section 4. The City Council officially finns~ ' Sdeterines b ecm of eachdmeeting attwhich sufficient written notice of the date, hour, place a ~ i~~n in #he manner this Ordinance was discussed, consS Act as amended~a dthat each such meeting required by the Texas Open Meeti g discussion has been open to the public as required bY fi~ a~ alrQVes anduconfi ms such not ~ s ouncil rati , PP consideration and 'tng the eof. and the content and pos Section 5. Upon its passage and adoption on second reading, this Ordinance takes effect August 1, 2008. . 000148 PASSED, APPROVED AND ADOPTED ON FIRST READtNG on the 24 day of MA @ C' H , 2008. Councilmembers Voting Aye: KELL.Y, COHEN, FRY, GUFFEY, TALIANCHfCH Councilmembers Voting No: NoNE Councilmembers Absent: NorvE PASSED, APPROVED AND ADOPTED ON SECaND READING AND SIGNED, on the 14 day of APRIL , 2008. Councifinembers Voting Aye: KELLY, COHEN, FRY, GUFFEY, TALIANCHiCH Councilmembers Voting No: NONE Councilmembers Absent: NONE Attest: ~ Ci ecretary (Sea ~ Recommended: City Man ger Approved as to legal form: Signed• _ Al--J~ a y o r City A orney 2 " 000149 Appendix A (Section 46-55, Code of Ordinances) Section 46-55. Use of communications devices in schooi areas while driving. (a) Definitfons. The foilowing definitions apply #o this Section 46-55: Engage in a Call shall mean talking into, dialing, listening on, entering or reading text messages or viewing images and/or text on a Mobile Communications Device. Mobile Communications Device shalf inean a mobile telephone, "smart" phone, personal digital assistant, pager or other device by which the user communicates to another, or receives communication from anather, by means of voice communications, text entry, text receipt or any other means of electronically transferred data. School Area shail mean thase areas designated as such in Section 46-47 of this Code o# Ordinances. (b) Except as otherwise provided below, it shall be unlawful for a person to Engage in a Cafl whi{e operating a moving motor vehicle in a School Area, on an official school day, during the hours when schaol zanes are in effect, and when school zone signs and signs prohibiting Mobile Communications Device use are posted. (c) The operator of a motor vehicle is presumed to Engage in a Call if such operator holds a Mobile Communications Device to or in the immediate proximity of his ear whiie such vehicle is in motion. "Immediate proximity" shatl mean the distance permitting the user of a Mobile Communications Device to hear telecommunications transmitted aver such device, but shall not require physical contact with such operator's ear. (d) Subsection (b) shall not apply to: (1) The use of a Mobile Communications Device for the sole purpose of communicating with an emergency response operatar, hospital, physician's office or health clinic, or the City`s police or fire department during an emergency situation; (2) Law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials when the specific use of a Mobile Communications Device at issue occurred in the performance of dufiies arising out of and in the course of their employment as such; and (e) Any person violating this section shall be guilty of a misdemeanor and W 000150 upon canviction shall be punished by a fine not #o exceed $200 for the first offense and not to exceed $500 for repeated offenses. 4 a VOtJ1V 1 HOUSTON COMMUNITY NEWSPAPERS Order: 0013HA4 pubs: _ 1,35 Rate: LE Phone: 713 662-5827 : Class: 920 Charges: < $ 0.00 Account: 3675673 S#arf Qate: ; 06/25/2008 list Price: ; $15J3 Name: - ACCOUNTS PAYABIE, Stop.Date:- 06/25/2008 Payments:`; $ 0.00 Sales ' 2020 Firm: CITY OF WEST UNIVERSITY Insertions: 2 Balance.: $15.73 ORDINANCE N0.1868 AN ORDiNANCE OF THE CITY COUMCIL OF TNE CITY OF 1VE5'f` UNNERSITY PLACE. TEXAS; AMEnDING CHAPTER 46. ARTICLE Il, OFTHE CODE OF ORD(NANCES OF THE CITY OF WEST UNIVERSITY PLACE. TEXAS. BY ADOPTING SEC- TION 46-55, ENTTTI.ED USE OF COMMUNICATION DEVICES IN SCHOOLAREAS WHILE DRIVING; PROHtBITING THE USE OF MOBII.E CO,LiMUN[CA- TIONS DEVECES WHILE OPERATING A MOTOR VE- H[CLE iN SCHOOL AREA: PROVIDING A VENALTY: PROVIDING SEVERABIL[TY; AND PROYtDING AN EFFEC7IYE DATE. I, Thelma A. Lenz, City SecceWry of thc City of West Uni- vcrsily Plucc, do hcreby certify that thc forcgoing is e troc and oorrect copy of the coption of said Ordinance No. 1868 approved on second and final rtuding by 16e City Couocil at its regular meeiing held on April 14. 200$. as ihe samc appcw in thc records of my oftice. !s1'fhelma Lenz, TRMC City 5ecreuuy lunc 25.2008 Suite 600 - 523 N. Sam Houston Parkway East - Houston, Texas 77060. Phone: 1 800-659-6997, 1 877-452-7355 Fax: t 800-572-8754 . 0 OU152 CITY OF HIGHLAND VILLAGE, TEXAS ORDINANCE NO.OS-1049 AN ORDlNANCE C}F THE CITY CDUNCIL OF THE CITY OF HIGHLAND ViLLAGE, TEXAS, AMENDING CHAPTER 86, "TRAFFIC AND VEHtCLES," OF THE CODE OF ORDINANCES OF THE CITY OF HIGHLAND VILLAGE, BY ADDING A NEW ARTICLE Vlil, "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 (y200.00) FOR EACH OFFENSE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROViDING AN EFFECTtVE DATE. WHEREA3, the City Council of the City of Highland Viilage, Texas, wishes to serve and protect schooi-aged chiidren traveling to and from elementary schools and other educationai 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 (°cell 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 stesr and maneuver said motor 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 while operating a motor vehicle in a"school zone" (on official school days and during hours when the school zone is in effect) cceates 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 control; and WHEREAS, the City desires to implement those rules and regulations that protect health, life and property and preserve good govemment, order and security of the City and its inhabitants. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HlGHLAND VILLAGE, TEXAS, THAT: SECTION 1. All of the above premises are hereby found to be true and correct factual and legislative detenninations of the City of Highland Village and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. From and after the effective date of this Ordinance, Chapter 86 of the Code of Ordinances af the City of Highland ViIlage is hereby amended by the addition of a new Article VIII, "Use of Hand-Held Mobile Telsphones Prohibited in Certain Locations," Section 86-190, °Use of Hand-Held Mobile Telephones Prohibited in School Zones," to read as follows: 0 000153 "SECTION VIII. USE OF HAND-HEID MOBILE TELEPHONES PROHIBITED IN CERTAlN LOCATIONS Sec. 86-190. Use of Hand-Held Mobils Telephones Prohibited in Active School Zones. (a) For purposes of this section the foilowing definitions apply: (1) "Engaging in a cali" shall mean talking into, dialing or listening on a hand-heid mobile telephone, but shali not include holding a mobile telephone to activate or deactivate such telephone. (2) "Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, or is a part of the motor vehicle, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), is necessary to activate, deactivate or initiate a function of such a telephone. (3) "Hand•held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person). (4) "Mobile telephone° shall mean the device used by subscribers and other users of wireless telephone service to access such service and shall include Personal Digital Assistants. (5) "Personal Digital AssistanY shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice. (6) "Wireless telephone service" shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly refeRed to as a cellular service or personal communications service. (b) Except as othenaise provided below, it shall be unlawful for a person to drive or operate a mator vehicle in a school zone, as designated pursuant to Section 86.50 of the City of Highland Village Code of Ordinances, on official schoal days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mabile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send or read messages. (c) An operator of a mator vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear. Ordinance 08-1049 Page 2 of 4 - 000154 (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 p VILLq Q 1~ 'ti ATTEST: PQ ° ~qTc~` E~63 _ , i j = SE.AL Alicia Richardson, City C U~.rt APPROVED AS TO FORM AND GALITY: Dorothy G. P wnbo, City Attorney Ordinance 08-1049 Page 4 of 4 0 000156 a' ,,w ' "`v KER 08/Z 1 /O8 #22 AN ORDINANCE Z 0 0 v- 0 0- 2 1±.4 7 AMENDING CHAPTER 19, ARTICLE VII OF THE CITY CODE BY ADDING SECTION 19-254 PROHIBITING THE USE OF A HAND-HELD MOBILE TELEPHONE TO ENGAGE IN A CALL OR THE USE OF A MOBILE COMMUNICATION DEVICE TO SEND, READ, OR WRITE A TEXT MESSAGE WHILE OPERATING A MOVING MOTOR VEHICLE IN AN ACTIVE REDUCED SPEED SCHOOL ZONE WHERE PROHIBITED BY SIGN AND PROVIDING FOR A FINE OF UP TO $200.00 PER VIOLATION. WHEREAS, the city council finds that the use of a hand-held mobile telephone to engage in a call or the use of a mobile communication device to send, read, or write a text message while operating a moving motor vehicle in an active reduced speed school zone is a traffic hazard and a danger ta the public and creates a particular danger or probability of danger to school children traveling to and from schools and other educational facilities in the city of San Antonio; and WHEREAS, the city council believes that prohibiting the use of hand-held mobile telephones to engage in calls or mobile communication devices to send, read, or write text messages while driving in active reduced speed school zones, with certain defenses, would further and protect the public health, safety, and welfaze, especially of school-aged children; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO: SECTION l. That Division 1, "Generally," of Article VII, "School Zones and School Buses," of CHAPTER 19, "Motor Vehicles and Traffic," af the San Antonio City Code, is amended by adding new Section 19-254, entitled "Regulating the Use of Hand-Held Mobile Telephones and Mobile Communication Devices in Reduced Speed School Zones," to read as follows: SEC. 19-254 REGULATING THE USE OF HAND-HELD - MOBILE TELEPHONES AND MOBILE COMMU1vICATION DEVICES IN REDUCED SPEED SCHOOL ZONES. (a) In this section: " (10015 i (1) ENGAGING IN A CALL means talking into, dialing, or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate or deactivate the telephone. (2) HAND-HELD MOBILE T'ELEPHONE means a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disa.bled person). (3) HANDS-FREE MOBILE TELEPHONE means a mobile telephone that has an internal feature or function ar that is equipped with an attachment or addition, whether or not permanently part af the mobile telephone, by which a user engages in a ca11 without the use of either hand (ar prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone. (4) MOBILE COMMiJNICATION DEVICE means a text-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA). (5) MOBILE TELEPHONE means a device used by subscribers and other users of wireless telephone service to access such service. (6) SCHOOL ZONE means a reduced speed school traffic zone as designated in Section 19-251 of this chapter. (7) TEXT MESSAGE means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system. (8) WiRELESS TELEPHONE SERVICE means two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commoniy refened to as cellular service or personal communicatian service. (b) A person commits an offense if the person uses a hand-held mobile telephone to engage in a call or uses a mobile communication device to send, read, or write a text message, while operating a moving motor vehicle in a reduced speed school zone; (1) on an official school day; (2) during the hours when a reduced speed school zone is in effect; (3) when signs are conspicuously posted to indicate the begixining and end of the reduced speed school zone; and (4) when signs indicating hand-held cell phone use is prohibited are conspicuously posted at each entrance to the reduced speed school zone. (c) An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call under this section. Immediate proximity is any distance that permits the user of a mobile telephone to hear telecommunications transmitted over the telephone and does not require physical contact with the user's eaz. (d) It shall be an affirmative defense to prosecution under this sectian that the person was: (1) operating an authorized emergency vehicle and using the mobile telephone or mobile communication device in the course and scope of the person's official duties; (2) using the mobile telephone or mobile communication device to: (A) report illegal activity to a law enforcement agency; (B) communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or (C) prevent injury to a person or property; or (3) using a hands-free mobile teIephone in a hands-free manner. (e) A person convicted of an offense under this section shall be punished by a fine of up to $200. Only warning citations may be issued for the first 30 days following the effective date of this ordinance so that an educational effort by the City of San Antonio and the city's school districts may be conducted to inform the public about the importance and requirements of this new ordinance. ( fl An offense under this section is not a moving violataon and may not be made a part of a person's driving record or insurance record. (g) In addition to enforcement by a peace officer of the city of San Antonio, this section may be enforced by a peace officer of another entity, including those employed by school districts, duly authorized to issue traffic citations within the City of San Antonio. SECTION 2. That CHAPTER 19 of the San Antonio City Code, as amended, v►fl1 remain in full force and effect, save and except as amended by this ordinance. SEG"TION 3. Should any article, section, part, paragraph, sentence, phrase, clause, or word of tlus ordinance, for any reason, be held illegal, inoperative, or invalid, or if any exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder shall, nevertheless, stand effective and valid as if it had been enacted and ordained without the portion held to be unconstitutional or invalid or ineffective. SECTION 4. The publishers of the City Code of San Antonia, Texa.s are authorized to amend said code to reflect the changes adopted herein and to conect typagraphical errors and to format and number paragraphs to conform to the existing code. SECTIUN 5. The City Clerk of the City of San Antonio is hereby directed to publish notice of this ordinance as required by the Charter of the City of San Antonio and the laws of the State of Texas. SECTION 6. This ordinance shall take effect in 20 days &om the date of passage or 10 days from the date of publication of this ordinance, whichever comes first. PASSED AND APPROVED this,4/ft- day of , 2008. ~ - M A Y O R PHIL HARDBERGER ATTEST: i /I 42C City Cle k 17 APPROVED AS TO FORM: f,nrcvr,,,~ 'Y"►~t Crty Attorney