(a) In this section:
(1) ENGAGING IN A CALL means talking into, dialing, or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate or deactivate the telephone.
(2) HAND-HELD MOBILE TELEPHONE means 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 disabled person).
(3) HANDS-FREE MOBILE TELEPHONE means 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 the mobile telephone, 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) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone.
(4) MOBILE COMMUNICATION DEVICE means a text-messaging device or other electronic, two- way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA).
(5) MOBILE TELEPHONE means a device used by subscribers and other users of wireless telephone service to access such service.
(6) SCHOOL ZONE means a school traffic zone as designated in Section 28-50 of this chapter.
(7) TEXT MESSAGE means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system.
(8) WIRELESS TELEPHONE SERVICE means two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commonly referred to as cellular service or personal communication service.
(b) A person commits an offense if the person uses a hand-held mobile telephone to engage in a call or uses a mobile communication device to send, read, or write a text message, while operating a moving motor vehicle in a school zone:
(1) on an official school day;
(2) during the hours when the school zone is in effect;
(3) when signs are conspicuously posted to indicate the beginning and end of the school zone; and
(4) when signs stating “NO TEXT- MESSAGING OR HAND-HELD CELL PHONE USE IN ACTIVE SCHOOL ZONE” or similar language are conspicuously posted at each entrance to the school zone.
(c) An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call under this section. Immediate proximity is any distance that permits the user of a mobile telephone to hear telecommunications transmitted over the telephone and does not require physical contact with the user’s ear.
(d) It is a defense to prosecution under this section that the person was:
(1) operating an authorized emergency vehicle and using the mobile telephone or mobile communication device in the course and scope of the person’s official duties;
(2) using the mobile telephone or mobile communication device to:
(A) report illegal activity to a law enforcement agency;
(B) communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician’s office, or a health clinic regarding a medical or other emergency situation; or
(C) prevent injury to a person or property; or
(3) using a hands-free mobile telephone in a hands-free manner.
(e) A person convicted of an offense under this section shall be punished by a fine of $200.
(f) An offense under this section is not a moving violation and may not be made a part of a person’s driving record or insurance record.
(g) In addition to enforcement by a peace officer of the city of Dallas, this section may be enforced by a peace officer of another governmental entity pursuant to a duly authorized interlocal agreement between the governmental entity and the city of Dallas. (Ord. 27101)