24 Cell Phone UsageCITY 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
BACKGROUND:
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:
F] Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
Fiscni. NoTES:
REVIEWED AND APPROVED BY:
Z Administration 0 City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court n Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
- UOU143
ORDINANCE NO. 2008-19
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ARTICLE III, (OPERATION OF VEHICLES), CHAPTER 110
(TRAFFIC AND VEI3ICLES) OF THE CODE OF ORDINANCES
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 TI3IS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") 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 (LTse of Hand-held Mobile Telephones Prohibited in School Zones) as set
forth below; and
WHEREAS, the City Council has investigated and determined 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 operatian 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 or 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 Incornorated. 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 Pa e 1
508687.v3 g
-000144
SECTION 2: Amendment to Article III (Oneration of Vehicles). Chapter 110
(Traffic and Vehicles) of the Code of Ordinances of the Citv of Wvlie bv addinp- a new
Sechon 110-114 (Use of Hand-held Mobile Teleuhones 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 Hand-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 tertn 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 depamnent, 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. Savin2s/Repealing. 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 HUNDRED
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`i' 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
. 00014!
ORDINANCE NO. 1868
AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 46,
ARTICLE Ii, OF THE C4DE C)F ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, BY ADC?PTING SECTION 46-55,
ENTITLED USE OF COMMUNlCATIONS DEVICES IN SCHOOL AREAS
WHILE DRlVING; PR4HtBITING THE USE OF MOBILE
COMMUNICATIONS DEVlCES WHILE OPERATING A MOTOR
VEHICLE !N SCHOOL AREA; PROVIDING A PENALTY; PR4VIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NtaW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C1TY
OF WEST UfdiVERSITY PL.ACE THAT:
Section 1. Chapter 46, Article II of #he Code of Ordinances of fihe City of West
University Place, Texas is amended by actoption of Section 46-55 to read as set out in
Appendix A, attached hereto. All other portions of Chapter 46 of the Code of
Ordinances not specifically amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, ciause, sentence, paragraph, section or other
part of this Urdinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutionai by any court of competen# jurisdiction,
neither the remainder of this Ordinance, nor the application af such word, phrase,
ctause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, sha(1 be affected thereby.
Section 4. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at a!I times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. Upon its passage and adoption on second reading, this Ordinance
takes effect August 1, 2408.
" 000148
PASSED, APPROVED AND ADOPTED ON FIRST READtNG on the 24 day
Of MA@C'H , ZOOS.
Councilmembers Voting Aye: KELLY, COHEN, FRY, GUFFEY, TALIANCHiCH
Councilmembers Voting No: NONE
Councilmembers Absent: NoNE
PASSED, APPROVED AND ADOPTED ON SECOND READING AND SIGNED,
on the 14 day of ApR1 L , 2008.
Councilmembers Voting Aye: KEL.LY, COHEN, FRY, GUFFEY, TALIANCHICH
Councilmembers Voting No: NoNE
Councilmembers Absent: NONE
Attest: amIt, Ylw-j~
~
Ci ecretary (Sea
Recommended:
Ciiy Man ger
A
Signed• _ Il-tll
ayor
Approved as to legal #orm: ,
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) Definitions. The following definitions appfy to this 5ection 46-55:
Engage in a Call shalt mean tatking into, dialing, fistening on, entering or
reading text messages or viewing images and/or text on a Mobile
Communications Device.
Mobile Communications Device shalt mean a mobile telephone, "smart"
phone, personal digital assistant, pager or other device by which the user
communica#es to another, or receives communication from another, by
means af voice communications, text entry, text receipt or any other
means af electronically transferred data.
School Area shall mean those areas designated as such in Section 46-47
of this Code of Ordinances.
(b) Except as otherwise provided below, it shail be unlawful for a persan to
Engage in a Call whi(e operating a moving mo#or vehicle in a Schaol Area,
on an official school day, during the hours when school zanes are in
effect, and when school zone signs and signs prohibiting Mabile
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 while such vehicle is in motion. "Immediate proximity"
shall mean the distance permitting the user of a Mobile Communications
Device to hear telecommunications transmitted over 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 operator, hospital,
physician's affice 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 duties 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
• 000150
upon conviction shall be punished by a fine not to exceed $200 for the first
offense and not to exceed $500 for repeated offenses.
4
- 000151
HausTON
coMMUNrrY
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ORDINANCE NQ. 1868
AN ORDINANCE OF THE CITY COUMCIL OF THE
CITY OF WES'f UNIVERSITY PLACE. TEXAS:
AMEA'DING CHAPTER 46. ARTICLE II, OFTHE
CODE OF ORD(NANCES OF THE CITY OF WEST
UNIVERSITY PLACB. TEXAS. BYADOP'fiNG SEC-
T10N 46-55, ENTtTL6D USE OF COMMUNICAT(OH
DEVICES IN SCNOOLAREAS WHlLE DRIVINC;
PROHIBIT[NG THE USE OF iNOBILB C0MMUNICA-
TIONS DEVtCES WHILE QPERAT[NG A MOTOR YE-
HICLE IN SCHOOL AREA: PROVIDIN4 A PENALTY:
PROVIDING SEVERABILITY; AND PROYIDING AN
EFFEC77VE DATE.
t, T6e(ma A. Lenz, City 5ecremry of thc City of West Uni-
vcrsily Place, do hereby xRify that thc forcgoing is e tnco
and oorrect copy of the caption of said Orclinance No. 1868
approved on second and Gnal teAding by 16e City Council
at ita regular meeting held on Apri► 14. 2068. as Ihe same
sppcars in the recards of my oftice.
/s/fhelrrw Ltnz, TRMC
City Sccrctary
Junc 25.2008
Suite 600 - 523 N. Sam Houston Parkway East - Houston, Texas 77060. Phone: I 800-659-6997, 1 877-452-7355
Fax: l 800-572-8754
- 000152
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
"SECTION VIII. USE OF HAND-HELD MOBILE TELEPNONES PROHIBlTED iN
CERTAIN LOCATIONS
Sec. 86-190. Use of Hand-Heid Moblle Telephones Prohibited in Active School Zones.
(a) For purposes of this section the foNowing definitions appiy:
(1) °Engaging in a call" shall mean talking into, dialing or listening on a
hand-held mobile telephone, but shall not inciude holding a mobile telephone
to activate or deactivate such telephone.
(2) "Hands-free mobile telephone" shail mean a mobile telephone that has
an intemai 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 physicaliy disabled
person), is necessary to activate, deactivate or initiate a function of such a
telephone.
(3) "Hand-heid mobile telephone" shali 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 servic$ and shall
include Personal Digital Assistants.
(5) "Personal Digital Assistant" shall mean a device operated using a
wireless telecommunications servics that provides for data communication
other than by voice.
(6) "Wirelsss telephone service' shall mean twaway 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 otherwise provided below, it shall be unlawful for a person to drive
or operate a motor vehicle in a school zone, as designated pursuant to Section 86.50 of the
City of Highland Village Code of Ordinances, on official school days, during the hours when
school zones are in effect, and when school zone signs and signs prohibiting hand-held
mobile 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 motor 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 appiy 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 personnel, or any fire safety official in
the performance of duties arising out of an emergency in the course of his or
her emplayment 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
Village, may be fined in the amount not to exceed the sum of two hundred dollars ($200.00)
for each offense.
SECTION 4. This Ordinance shall be cumulative of all 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 5. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentencss, 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 Councit without the
incarporation 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 fores from and after its passage
and publication as required by law.
PASSED AND APPROVED BY THE CtTY COUNCIL OF THE ClTY OF HlGHLAND
VILLAGE, TEXAS, ON FIRST READING ON THIS THE 22"d DAY OF APRIL, 2008.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HIGHLAND
VILI.AGE, TEXA3, ON SECOND READlNG ON THIS THE 13'' DAY OF MAY, 2808.
APPROVED:
~
lxlcl~-
4)fWn9- Costa, Mayor
Ordinance 08-1049
Pape 3 of 4
' 000155
v O Lq
.-,R qT 2
ATTEST: p a ~
r ~ f ~ t3
~qh3
SE.AL_ O Q
Alicia Richardson, Clty
APPROVED AS TO FORM
Dorothy G. P umbo, City Attomey
OMinance 08-1049
Page 4 oT 4
- 000156
;~v. C~~►~w
RfiR
OS/Z 1!O8
ft22
AN ORDINANCE 2 O O O" O 8- 2 1-.Q 7 2 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 M4BILE
COMMUNICATION DEVICE TO SEND, READ, OR
WRITE A TEXT MESSAGE WHILE OPERATING A
MOVING MOTOR VEHICLE IN AN ACTIVE REDUCED
SPEED SCH04L 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 to 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 welfare, especially of school-aged children; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO:
SECTION 1. That Division 1, "Generally," of Article VII, "Schaal Zones and School Buses,"
of CHAPTER 19, "Motor Vehicles and Traffic," of 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 COMMUNICATION DEVICES IN
REDUCED SPEED SCHOOL ZONES.
(a) In this section:
M 00015
(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 TELEPHONE 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 disabled person).
(3) HANDS-FREE MOBILE TELEPHONE means 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 the mobile telephone, by
which a user engages in a call 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 COMMiINICATION 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 seroice.
(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 pasitioning 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 commonly refened to as cellular service or
personal communication service.
(b) A person commits an offense if the person uses a hand-held mobile telephane to
engage in a call or uses a mobile communication device to send, read, or write a
text message, while operating a moving motor vehicte 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 beginning and end of
the reduced speed school zone; and
(4) when signs indicating hand-held cell phone use is prohibited are
conspicuously pasted 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 calt under this section. Immediate proximity is any distance
that permits the user of a mobile telephone to heaz telecommunications
transmitted over the telephone and does not require physical contact with the
user's ear.
(d) It shall be an affirmative defense to prosecution under this section 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 operatoz, 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
Antanio 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 violation 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. T'hat CHAPTER 19 of the San Antonio City Code, as amended, will remain in full
force and effect, save and except as amended by tlus ordinance.
SECTION 3. Should any article, sectian, part, paragraph, sentence, phrase, clause, or word of
this ordinance, for any reason, be held illegal, inaperative, ar 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, Texas are authorized to amend
said code to reflect the changes adopted herein and to conect typographical errors and to format
and number paragraphs to conform to the existing code.
SECTION 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 from the date of passage or 10 days
from the date of publication of this ordinance, whichever comes first.
PASSED AND APPROVED this ft day of , 2008.
~
M A Y R
PHIL HwRDBERGER
ATTEST: i 1 )4
Azc
City Cle k
APPROVED AS TO FORM:
Crty Attorney