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15 OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/04/OS Council Date: Legal Departxnent Kent McIlyar 15. 11/10/08 RECOMMENDED MOTION: Motion to approve an ordinance prohibiting the use of mobile telephones and mobile communication devices in designated school zones during school zone hours, except as allowed by subsection 31-58(d) 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. First reading of this ordinance was on October 27, 2008. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z 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 ❑ Fite ❑ Municipal Court Z Legal ❑ Libtary Z Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ow UO(l24 5 . . . . . r. , T~ . . T . T.- 1.T_. DRAFT attorney\ordwork\current\Hand-Held Mobile Phones Ord 2008 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDIIVG 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 PROVISIOIV 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 HA11ID-HELD DEVICES IN SCHOOL ZOIVES "Sec. 31-58. Regulating the use of hand-held mobile telephones and mobile communication devices in reduced speed school zones. (a) In this section: -1- a U00246 , . , . _ _.7.. . T..~_..,.-_....T_.. 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, but is not limited to: 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. -2- . U00247 . . . _ . . , . T. . . . 7~_...-._..T-. (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) Subsection (b) shall not apply to: 1) the use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, a physician's office or health clinic; or a public safety department; 2) any law 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 employment as such; or 3) the use of a hands-free mobile telephone when being used 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 of Paris and the city's school districts may be conducted to inform the public about the importance and requirements of this new ordinance. -3- 00(1248 (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 municipality 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. Section 7. That this ordinance shall become effective from and after its passage of the second reading and publication as required by law. 2008. PASSED AND ADOPTED on the second and final reading this 10th day of November, Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: -4- 0(10249 . . . . _ . . . . ~ . . W. Kent McIlyar, City Attorney -5- _ 000250 . . . . . . _T... . ...T... . _ . Te_..,~..,..T_.