HomeMy WebLinkAboutORD 1908 Banning Using Communication Devices in School ZonesCity of West University Place
Harris County, Texas
ORDINANCE NUMBER 1908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 46, MOTOR
VEHICLES AND TRAFFIC, ARTICLE II, CERTAIN REGULATIONS,
SECTION 46-55, USE OF COMMUNICATION DEVICES IN SCHOOL
AREAS WHILE DRIVING, OF THE CODE OF ORDINANCES OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS, BY REPEALING THE
EXISTING SECTION 46-55 AND ADOPTING A NEW SECTION 46-55
TO BE ENTITLED ELECTRONIC MESSAGING WHILE DRIVING; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS THAT:
Section 1. Chapter 46, Motor Vehicles and Traffic, Article ll, Certain
Regulations, Section 46-55, Use of Communication Devices in School Areas While
Driving, of the Code of Ordinances of the City of West University Place, Texas is
amended by repealing the existing Section 46-55 and adopting a new Section 46-55 to
be entitled Electronic Messaging While Driving, 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Ordinance are repealed to the extent of the conflict only.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, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall 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 all times during such discussion,
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the_~ay
of `2atx~ , 2009.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
the day of L , 2009.
r;
Sealy,
Signed:
City Secre ary Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
2
Appendix A
(Amended Section 46-55, Code of Ordinances)
Section 46-55 Electronic Messaging While Driving
(a) Definitions. The following definitions apply to this section:
(1) Electronic Message means a self-contained piece of digital
communication that is designed or intended to be transmitted between
physical devices. An electronic message includes, but is not limited to, a
text-based communication, a command or request to access an internet
site, or other data that uses a commonly recognized electronic
communications protocol.
(2) Wireless Communication Device has the meaning assigned in Section
545.425 (Use of Wireless Communication Device; Offense) of the Texas
Transportation Code.
(b) A driver of a motor vehicle may not use a wireless communication device to view,
send, or compose an electronic message while operating a motor vehicle in a
driving lane, including when stopped, (for example, at a stop sign or traffic light),
except for:
(1) making a telephone call;
(2) operating a global positioning or navigation system that is affixed to the
vehicle;
(3) obtaining emergency assistance to report a traffic accident, medical
emergency or serious traffic hazard or to prevent a crime about to be
committed; or
(4) in the reasonable belief that a person's life or safety is in immediate
danger.
(c) This section does not apply to an operator of an authorized emergency vehicle
using a wireless communication device while acting in an official capacity.
(d) To the extent that this section conflicts with the Texas Transportation Code
Section 545.424, regarding the use of wireless communication devices while
operating a motor vehicle by minors, or Texas Transportation Code Section
545.425, regarding the use of wireless communication devices in school crossing
zones, this section does not apply.