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10-34-08-Ordinance-Prohibiting the Use of Hand Held Mobile Telephones-10/20/2008ORDINANCE 10-34-08 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, AMENDING CHAPTER 12 "TRAFFIC AND VEHICLES," OF THE CODE OF ORDINANCES, BY ADDING A NEW ARTICLE 12.1500, "USE OF HAND-HELD MOBILE TELEPHONES PROHIBITED IN CERTAIN LOCATIONS," AND A NEW SECTION 1 2.1501, "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 FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sanger, 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 ("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 steer and maneuver said motor vehicle and thus him or her to concentrate less on driving safely; and WHEREAS, the City Council 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) 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 control; and WHEREAS, the City desires to implement those rules and regulations that protect health, life and property and preserve good government, order and security of the City and its inhabitants. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, 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 Sanger 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 12 of the Code of Ordinances of the City of Sanger is hereby amended by the addition -of a new Article,12.1400 "Use of Hand -Held Mobile Telephones Prohibited in Certain Locations," Section 12.1401 "Use of Hand -Held Mobile Telephones Prohibited in School Zones," to read as follows: ARTICLE 12.1500 USE OF HAND-HELD MOBILE. TELEPHONES PROHIBITED IN CERTAIN LOCATIONS SECTION 12.1501 Use of Hand -Held Mobile Telephones Prohibited in Active School Zones. (a) For purposes of this section the following definitions apply: (1) "Engaging in a call" shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall 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 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 disable 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 Assistant" 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 referred 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 12.505; school zone section of the City of Sanger 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 audio, visual or text messages. (c) An operator of a motor vehicle who holds a mobile telephone or in the immediate proximity of his or her ear while such device is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean that distance 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. Any operator who holds a mobile telephone in one or both hands for the purpose of creating, sending or reading visual or text messages. (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 physicians 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) The violation of this section is a strict liability of offense 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 Sanger, 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 Sanger, Texas, except where the provisions of the 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, 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 Councilwithout 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 in effect. SECTION 6. This ordinance shall take effect and be in full force from and after its passage and publication as required by law. PASSED AND APPROVED BV X + '',G,OiTNCIL OF SANGER, TEXAS, ON THE DAY OF C k APPROVED: (e Higgs, Mayo ATT T: Rosalie Chavez, City S cr tart'