AUTHORIZED EMERGENCY PERSONNEL: | A person who is a law enforcement officer, firefighter, member of a governmental emergency medical services function, or a member of a governmental emergency management function such as Public Works. |
AUTHORIZED GOVERNMENT VEHICLE: | A motor vehicle owned by the United States, the State of Texas, or a political subdivision of the State of Texas. |
ELECTRONIC MESSAGE: | A self-contained piece of digital communication that is designed or intended to be transmitted to or from a wireless communication device, other than a voice message. An electronic message includes, but is not limited to, a text-based communication, a nonverbal message, an instant message or such other data that uses a commonly recognized electronic communications protocol. |
HANDS-FREE DEVICE: | Speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a portable electronic device or in a motor vehicle, that allows use of the portable electronic device without use of either of the operator’s hands, except to activate or deactivate a function of the portable electronic device or hands-free device. The term includes voice- operated technology and a push-to-talk function. |
November 2024
MOTOR VEHICLE: | A self-propelled vehicle, with an internal combustion engine or an electric motor, that is designed to travel on public/private roads for the general transportation of person(s) and/or goods including, but not limited to, cars, motorcycles, buses, trucks, vans, tractor-trailers, or any semblance of vehicles meeting this general criteria. |
OPERATE OR OPERATING: | To drive or be in physical control of a motor vehicle that is in motion. |
OPERATOR: | A person to drive or be in physical control of a motor vehicle that is in motion. |
PORTABLE ELECTRONIC DEVICE: | A handheld mobile telephone, personal digital assistant, a hand-held music player, electronic reading device, laptop computer, a broadband personal communication device, a global positioning or navigation system, an electronic game device, a portable computing device; or any other electronic device that diverts the operator’s attention and focus, though momentarily, away from driving. |
ROADWAY: | Any public or private road or street designed for motorists to travel a motor vehicle on. |
USE: | Employing a Portable Electronic Device (PED) for any reason including, without limitation, the following activities while holding, operating, and/or trying to operate the PED: 1) dialing or terminating a phone call; 2) speaking into or listening to a conversation or a transmitted message; 3) viewing images, taking images, and/or transmitting electronic images; 4) entering or changing information in a global positioning or navigation system or any software or application designed for navigation; 5) accessing or viewing an internet website or computer application; 6) playing a game or viewing someone else play a game; or 7) any other ‘use’ of a PED that may generally distract the operator of a motor vehicle from safe driving. (Ord. 13-01-11, 11-1-2011; amd. Ord. 139-10-2024, 10-15-2024) |
A. Unlawful Use of Portable Electronic Device. It shall be unlawful for an operator of a motor vehicle to use a portable electronic device to view, send, or compose an electronic message; or manually engage other application software features while operating a motor vehicle upon any public or private roadway in the city, including when stopped, except as provided in subsection B2 of this section.
B. Exceptions: it is an exception to the prohibition in subsection A of this section if:
1. An operator of a motor vehicle uses a portable electronic device or other wireless communication device to converse on a telephone call, or to listen to a voicemail message, including dialing, or terminating a phone call;
2. An operator of a motor vehicle uses a portable electronic device or other wireless communication device while safely stopped or standing in a position parallel to and as close as reasonably possible to the right-hand curb or roadway where parking, standing or stopping in a non-emergency situation is not prohibited; or
3. An operator of a motor vehicle safely uses a portable electronic device or other wireless communication device solely in a voice activated or other hands-free mode.
C. Affirmative Defense: it is an affirmative defense to prosecution of conduct prohibited in subsection A of this section if:
1. Authorized emergency personnel operating an authorized government vehicle necessarily uses a portable electronic device or other wireless communication device to respond to an emergency while acting in their official capacity to address/resolve said emergency;
2. An operator of a motor vehicle uses a wireless communication device to:
a. Operate only in a global positioning or navigation system;
b. Obtain emergency assistance by contacting: 1) an emergency response service, including a rescue, emergency medical, or hazardous material response; 2) a hospital; 3) a fire department; 4) a law enforcement agency; 5) a medical doctor’s office; or 6) an individual to administer first aid treatment;
c. Obtain emergency assistance to prevent a crime about to be committed;
d. Report a traffic accident or serious traffic hazard; or
e. Communicate with the reasonable and urgent belief that a person’s life, safety, or property is in immediate danger.
D. Conflicting Regulations: To the extent that any clause, phrase, provision, sentence or part of this section conflicts with 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.
E. After consulting with the Chief of Police, the City Manager is hereby authorized to have the Public Works Department erect and/or install traffic safety signs at locations determined to be in the City’s best interests, to thus notify/warn motorists of the restrictions hereby ordained by these regulations, State Law, or both. (Ord. 13-01-11, 11-1-2011; amd. Ord. 139-10-24, 10-15-2024)
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty as provided in section 1-4-1
of this code. (Ord. 13-01-11, 11-1-2011; amd. Ord. 139-10-24, 10-15-2024)