HomeMy WebLinkAboutORD 1868 Cell Phone Usage in School Zones
ORDINANCE NO. 1868
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 46,
ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, BY ADOPTING SECTION 46-55,
ENTITLED USE OF COMMUNICATIONS DEVICES IN SCHOOL AREAS
WHilE DRIVING; PROHIBITING THE USE OF MOBilE
COMMUNICATIONS DEVICES WHilE OPERATING A MOTOR
VEHICLE IN SCHOOL AREA; PROVIDING A PENALTY; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY
OF WEST UNIVERSITY PLACE THAT:
Section 1. Chapter 46, Article II of the Code of Ordinances of the City of West
University Place, Texas is amended by adoption of Section 46-55 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Ordinance are repealed to the extent of the conflict only.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. Upon its passage and adoption on second reading, this Ordinance
takes effect August 1, 2008.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the ~ day
of MARrH ,2008.
Councilmembers Voting Aye:
Councilmembers Voting No:
Council members Absent:
KELLY, COHEN, FRY, GUFFEY, TALlANCHICH
NONE
NONE
PASSED, APPROVED AND ADOPTED ON SECOND READING AND SIGNED,
on the 14 day of APRI L ,2008.
Councilmembers Voting Aye:
Councilmembers Voting No:
Council members Absent:
KELLY, COHEN, FRY, GUFFEY, TALlANCHICH
NONE
NONE
Attest: A(ljt j;A~.d- Signed: A~L J/JJ
Citvecretary (S~~W- ~~. /-< Cl
R,oommood,d ~;fjM~
, City Man ger
',,,ovod" to "g~ fo'"'~~r~
City A orney
2
Appendix A
(Section 46-55, Code of Ordinances)
Section 46-55. Use of communications devices in school areas while driving.
(a) Definitions. The following definitions apply to this Section 46-55:
Engage in a Call shall mean talking into, dialing, listening on, entering or
reading text messages or viewing images and/or text on a Mobile
Communications Device.
Mobile Communications Device shall mean a mobile telephone, "smart"
phone, personal digital assistant, pager or other device by which the user
communicates to another, or receives communication from another, by
means of voice communications, text entry, text receipt or any other
means of electronically transferred data.
School Area shall mean those areas designated as such in Section 46-47
of this Code of Ordinances.
(b) Except as otherwise provided below, it shall be unlawful for a person to
Engage in a Call while operating a moving motor vehicle in a School Area,
on an official school day, during the hours when school zones are in
effect, and when school zone signs and signs prohibiting Mobile
Communications Device use are posted.
(c) The operator of a motor vehicle is presumed to Engage in a Call if such
operator holds a Mobile Communications Device to or in the immediate
proximity of his ear while such vehicle is in motion. "Immediate proximity"
shall mean the distance permitting the user of a Mobile Communications
Device to hear telecommunications transmitted over such device, but shall
not require physical contact with such operator's ear.
(d) Subsection (b) shall not apply to:
(1) The use of a Mobile Communications Device for the sole purpose
of communicating with an emergency response operator, hospital,
physician's office or health clinic, or the City's police or fire
department during an emergency situation;
(2) Law enforcement, public safety or police officers, emergency
services officials, first aid, emergency medical technicians and
personnel, or any fire safety officials when the specific use of a
Mobile Communications Device at issue occurred in the
performance of duties arising out of and in the course of their
employment as such; and
(e) Any person violating this section shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed $200 for the first
offense and not to exceed $500 for repeated offenses.
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COMMUNITY
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ORDINANCE NO. 1868
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
AMENDING CHAPTER 46, ARTICLE II, OFTHE
CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE. TEXAS, BY ADOPTING SEC-
TION 46-55, ENTITLED USE OF COMMUNICATION
DEVICES IN SCHOOLAREA$ WHILE DRIVING;
PROHIBITING THE USE OF MOBILE COMMUNICA-
TIONS DEVICES WHILE OPERATING A MOTOR VE-
HICLE IN SCHOOL AREA; PROVIDING A PENALTY;
PROVIDING SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
I, Thelma A. Lenz, City Secretary of the City of West Uni-
versity Place, do hereby certify that the foregoing is a true
and correct copy of the caption of said Ordinance No. 1868
approved on second and final reading by the City Council
at its regular meeting held on April ] 4. 2008. as the same
appears in the records of my office.
Isffhelma Lenz. TRMC
City Secretary
June 25.2008
Suite 600 - 523 N. Sam Houston Parkway East. Houston, Texas 77060. Phone: I 800-659.6997, I 877.452.7355
Fax: I 800-572.8754