- Ordinance Mobile PhonesCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
10/17/08
Originating Department:
Presented By:
Agenda Item No.:
Council Date:
10/27/08
Legal Department
Kent McIlyar
20,
RECOMMENDED MOTION:
Motion to approve an ordinance regulating the use of mobile telephones and mobile
communication devices in reduced speed school zones
POLICY ISSUE(S):
Public safety
BACKGROUND:
At the meeting of October 13, 2008, Council directed staff to bring an ordinance for their
consideration to regulate the use of hand-held mobile telephones and mobile
communication devices in reduced speed school zones.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance
ACTION:
BUDGET INFO:
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FISCAL NOTES:
REVIEWED AND APPROVED BY:
2 Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court 2 Legal ❑ Library Z Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
attorney\ordwork\current\Hand-Held Mobile Phones Ord 2008
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 31, TRAFFIC CODE, OF THE CODE OF ORDINANCES
BY ADDING A NEW DIVISION 4, USE OF HAND HELD DEVICES IN SCHOOL
ZONES, AND SECTION 31-58, REGULATING THE USE OF HAND-HELD
MOBILE TELEPHONES AND MOBILE COMMUNICATION DEVICES IN
REDUCED SPEED SCHOOL ZONES; MAKING OTHER FINDINGS AND
PROVISION RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
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,
email or other form of electronic message while operating a moving motor vehicle in a
designated school zone during the hours that the school zone is in effect 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
Paris; 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,
e-mail or other form of electronic messages while driving in a designated school zone
during the hours that the school zone is in effect, 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
PARIS, TEXAS:
Section 1. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That a new Division 4, "Use of Hand-Held Devices in School Zones" and
Section 31-58, "Regulating the use of hand-held mobile telephones and mobile
communication devices in reduced speed school zones" to Chapter 31 "Traffic Code" of the
Code of Ordinances of the City of Paris, Texas, be and the same is hereby established to
read as follows:
"DIVISION 4. USE OF HAND-HELD DEVICES IN SCHOOL ZONES
"Sec. 31-58. Regulating the use of hand-held mobile telephones and
mobile communication devices in reduced speed school
zones.
(a) In this section:
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000()71.
1) Electronic mail or "e-mail" means an exchange of computer-stored
messages by telecommunication.
2) 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.
3) 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).
4) 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 (or 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.
5) Mobile communication device means a text-messaging or electronic
mailing 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).
6) Mobile telephone means a device used by subscribers and other
users of wireless telephone service to access such service.
7) School Zone means a reduced speed school traffic zone enacted by
ordinance by the City council of the City of Paris.
8) 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
position or navigation system.
9) Wireless telephone service means two-way, real time voice
telecommunications service that is interconnected to a public
switched telephone network and is commonly referred to as
cellular service or personal communication service.
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(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, electronic mail or other electronic
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 beginning
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 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 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
3) using a hands-free mobile telephone in a hands-free manner.
(e) Any person violating any of the provisions of this ordinance shall be
guilty of a misdemeanor and upon conviction shall be punished by a fine of
up to $200. 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
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» UOC(}73
of Paris and the city's school districts may be conducted to inform the
public about the importance and requirements of this new ordinance.
(o 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 Paris, 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 Paris.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipaliry under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. Introduced and read on first reading on October 27, 2008, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
November 10, 2008, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
[or]
Section 6. That the City Council voted by a supermajority vote of five to suspend
the rule requiring two readings two readings before adoption of ordinances _ ayes and
_ nays.
Section 7. That this ordinance shall become effective from and after its passage of
the second [f`irst] reading and publication as required by law.
PASSED AND ADOPTED on the second and final reading this 10th day of November,
2008.
Jesse James Freelen, Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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