(A) The provisions of this section shall apply to all persons operating a motor vehicle on public roadways within the incorporated limits of the city.
(B) In this section, portable electronic device means a hand-held mobile telephone, personal digital assistant, MP3 or other hand-held music player, electronic reading device, laptop computer, tablet computer, pager, broadband personal communication device, global positioning or navigation system, electronic game device, or portable computer device.
(C) A driver of a motor vehicle may not use a portable electronic device to view, send, or compose an electronic message or engage other application software while operating a motor vehicle on a public roadway with the city.
(D) It is an affirmative defense to prosecution under this section if a portable electronic device is in use:
(1) While the vehicle is properly and legally parked;
(2) Strictly to engage in a telephone conversation, including dialing or deactivating the call;
(3) As a global positioning or navigation system;
(4) For obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime being or about to be committed;
(5) In the reasonable belief a person's life or safety is in immediate danger; or
(6) Solely in a voice-activated or other hands-free mode.
(E) This section does not apply to an operator of an authorized emergency vehicle using a portable electronic device while acting in an official capacity.
(F) To the extent this section conflicts with the Tex. Transportation Code § 545.425, regarding the use of portable electronic devices while operating a motor vehicle by minors, or Tex. Transportation Code § 545.425, regarding the use of portable electronic devices in school crossing zones, this section does not apply.
(G) Any person, corporation, or association violating any provision of this section shall be deemed guilty of an offense, and upon conviction shall be punished by a fine not to exceed $500.00.
(Ord. 2016-9, passed 8-15-16)