(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED GOVERNMENT VEHICLE. A motor vehicles owned by the United States, the state or a political subdivision of the state.
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 non-verbal command or request to access or receive information from an internet site, electronic mail, a text message, an instant message or such other data that uses a commonly recognized electronic communications protocol.
OPERATE or OPERATING. To drive or be in physical control of a motor vehicle that is in motion.
OPERATOR. A person who drives or has physical control of a motor vehicle.
WIRELESS COMMUNICATION DEVICE. Has the meaning assigned in Tex. Transportation Code § 545.425 (“Use of Wireless Communication Device; Offense”).
(B) (1) It shall be unlawful for an operator of a motor vehicle to use wireless communication device 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 division (B)(2) below.
(2) It is an exception to the prohibition in division (B)(1) above if:
(a) An operator of motor vehicle uses a wireless communication device to strictly engage in a telephone conversation or to listen to a voicemail message, including dialing or deactivating a phone cell;
(b) An operator of a motor vehicle uses a wireless communication device while stopped or standing at a position parallel to and as close as possible to the right-hand edge or curb or a rowdy where parking, standing or stopping in non-emergency situation is not otherwise prohibited; or
(c) An operator of a motor vehicle uses a wireless communication device solely in a voce-activated or other hands-free mode.
(C) It is affirmative defense to prosecution of conduct prohibited in division (B)(1) above if:
(1) An operator of an authorized government vehicle uses a wireless communication device to respond to an emergency while action in an official capacity while operating an authorized government vehicle; and/or
(2) An operator of a motor vehicle uses a wireless communication device to:
(a) Operate only a global positioning or navigation system;
(b) Obtain emergency assistance by contacting an emergency response service, including rescue, emergency medical, 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) To the extent that any clause, phrase, provision, sentence on part of this section conflicts with the Tex. Transportation Code § 545.424 regarding the use of wireless communications devices while operating a motor vehicle by minors or Tex. Transportation Code § 545.425, regarding the use of wireless communication devices in school crossing zones, this section does not apply.
(Ord. 2011-05, passed 5-17-2011) Penalty, see § 70.99