15-D-16 - Prohibiting use of hand-held mobile communication devicesORDINANCE NO. 15 -D -16
AN ORDINANCE PROHIBITING THE USE OF HAND -HELD MOBILE
COMMUNICATION DEVICES AND PORTABLE ELECTRONIC
DEVICES WHILE OPERATING A MOTOR VEHICLE BY ADDING
ARTICLE X TO CHAPTER 86 OF THE CITY CODE OF ORDINANCES
OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR A FINE OF UP
TO $200.00 PER VIOLATION, PROVIDING AN EFFECTIVE DATE,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Schertz, Texas (the "City ") finds that the
use of hand -held mobile communication devices and portable electronic devices to (1) engage
in a call, (2) send, read, or write a text message, (3) view pictures or written text, whether
transmitted by internet or other electronic means, (4) engage in gaming, or (5) engaging in any
other use of the device while operating a motor vehicle is a traffic hazard and a danger to the
public, which creates a particular danger or probability of danger in the City; and
WHEREAS, the City Council believes that prohibiting the use of hand -held mobile
communication devices and portable electronic devices to engage in any use of a mobile
communication device while driving, with certain defenses, would further and protect the
public health, safety, and welfare of the City.
NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION 1. Chapter 86, "Traffic and Motor Vehicles" of the Code of Ordinances,
City of Schertz, Texas, is hereby amended by adding a new section and article, to be numbered
Sec. 86 -256, Article X, which said section and article to read as follows:
Sec. 86 -256 REGULATING THE USE OF HAND -HELD MOBILE
COMMUNICATION DEVICES AND PORTABLE ELECTRONIC
DEVICES WHILE DRIVING
(a) In this section:
(1) ENGAGING IN A CALL means talking to, dialing, or listening on a
hand -held mobile communication device, but does not include holding a
mobile communication device to activate or deactivate the device.
(2) HAND -HELD MOBILE COMMUNICATION DEVICE means a text -
messaging device or other electronic, two -way communication device
that uses a commercial mobile service, as defined by 47 U.S.C.§ 332,
that is designed to receive and transmit voice communication, text
message or pictorial communication, or both, whether by internet or
other electronic means. The term includes a mobile telephone and a
personal digital assistant (PDA).
(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 (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.
(4) PARK OR PARKED shall mean for the operator to completely cease
movement of a motor vehicle in a lawful manner and location. For
purposes of this Section, "Parked" does not include or mean a vehicle
stopped in a lane of traffic due to either a lawful traffic control device,
or the conditions on the roadway, or traffic congestion patterns then
existing.
(5) PORTABLE ELECTRONIC DEVICE shall mean an MP3 or other
hand -held music player, electronic reading device, laptop computer,
pager, global positioning system or navigation system, electronic game
device, or portable computing device.
(6) 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.
(b) A person commits an offense if the person uses a hand -held mobile
communication device and /or a portable electronic device to 1) engage in a call,
2) send, read, or write a text message, 3) view pictures or written text whether
transmitted by internet or other electronic means, 4) engage in gaming, or 5)
engage in any other use of the device while operating a motor vehicle.
(c) This section does not apply to an operator of a motor vehicle using a hand -held
mobile communications device and /or portable electronic device:
(1) while the vehicle is legally parked or is being driven on private property;
(2) that is affixed to the vehicle and used as a global positioning or
navigation system;
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(3) that is used with a hands -free mobile communication telephone or other
such device to engage in telephone communications or to listen to audio
transmissions;
(4) while operating an authorized emergency vehicle in an official capacity;
or
(5) who is licensed by the Federal Communications Commission while
operating a radio frequency device other than a hand -held mobile
communication device.
(d) It shall be an affirmative defense to prosecution under this section that the
person was using a hand -held mobile communication device or portable
electronic device for the purpose of:
(1) reporting illegal activity to a law enforcement agency;
(2) communicating 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) preventing injury to a person or property.
(e) A person convicted of an offense under this section shall be punished by a fine
of not more than $200.00 per violation.
(f) 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) To the extent this section conflicts with Texas Transportation Code Section
545.424, regarding the use of wireless communication devices while operating a
motor vehicle by minors, Texas Transportation Code Section 545.425., regarding
the use of wireless communication devices in school crossing zones, or Texas
Transportation Code Section 545.4252, regarding the use of wireless
communication devices on school property, this section does not apply.
SECTION 2. Chapter 86 of the Code of Ordinances, City of Schertz, Texas, as
amended, will remain in full force and effect, except as amended by this Ordinance.
SECTION 3. The City Council hereby authorizes the City Manager or his designee to
have signs posted in designated areas in the City in accordance with Texas Transportation
Code Section 545.425 as amended, that prohibit the use of wireless communication devices
while operating a motor vehicle in the City.
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SECTION 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the City Council.
SECTION 5. All ordinances, or parts thereof, which are in conflict or inconsistent
with any provisions of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein.
SECTION 6. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 7. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Ordinance would have been enacted without such invalid
provision.
SECTION 8. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and that public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this Ordinance,
was given, all as required by Chapter 551, Texas Government Code, as amended.
SECTION 9. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT THIS ORDINANCE WAS and APPROVED on first reading this the 9th day of June,
2015.
PASSED, APPROVED and ADOPTED on second reading this the 16th day of June,
2015.
APPROVED:
Mic WRCarpoenter., Mayor
ATTEST:
C ty Secretary
(Seal of the City)
APPROVED AS TO FORM:
C&C-�i�z
City Attorney T�