A. Unlawful Use Of Mobile Telephone: It shall be unlawful for an operator of a motor vehicle to use a mobile telephone to view, send or compose an electronic message or manually engage other application software while operating a motor vehicle upon any 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 mobile telephone or other wireless communication device to strictly engage in a telephone conversation or to listen to a voicemail message, including dialing or deactivating a phone call;
2. An operator of a motor vehicle uses a mobile telephone or other wireless communication device while stopped or standing in a position parallel to and as close as possible to the right hand edge or curb or roadway where parking, standing or stopping in a nonemergency situation is not otherwise prohibited; or
3. An operator of a motor vehicle uses a mobile telephone 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. An operator of an authorized government vehicle uses a mobile telephone or other wireless communication device to respond to an emergency while acting in an official capacity while operating an authorized government vehicle;
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 an emergency response service, including a rescue, emergency medical, or hazardous material response service; a hospital; a fire department; a law enforcement agency; a medical doctor's office; or 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 belief that a person's life, safety or property is in immediate danger.
D. Conflicting Regulations:
1. 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. (Ord. 13-01-11, 11-1-2011)