2014-1125;\Legal`Our pocuments\Qrdlnances\14\UseOfWBrelessCommunfcatlon6evlceForTextingE4cProhlbltedNotincludln�interstate.doo
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADDING SECTION 18-38 OF THE
CODE OF ORDINANCES RELATING TO THE USE OF WIRELESS COMMUNICATION
DEVICES WHILE DRIVING; BY CREATING SECTION 1$-38 TO PROHIBIT THE USE OF
WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE
EXCEPT FOR DIALING A NUMBER OR TALKING TO ANOTHER PERSON WITH
CERTAIN DEFENSES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Denton City Council finds that the use of a wireless communication
device to send, read, or write a text message, view pictures or written text, whether transmitted
by internet or other electranic means, engage in gaming or any other use of the device, other than
dialing telephone numbers, or talking to anather person while aperating a moving mator vehicle,
is a traffic hazard, a danger to the public and creates a particular danger or probability of danger
in the City of Denton; and
WHEREAS, the interstate highway system may be distinguished from the other roadways
within the City because it is both a limited access highway system within the City af Dentan and a
roadway on which a large percentage of motor vehicle operators on the interstate highway system
are travelling through the city without ever exiting the interstate highway system;
WHEREAS, it is in the interest of public safety to restrict the use of wireless communication
devices by persons aperating motor vehicles on City public roadways and highways other than the
interstate highway system; and
WHEREAS, prahibiting the use of wireless communication devices while driving in the
City af Denton, to the extent allowed by §545.425(�, Texas Transportation Code, addresses the
possible hazards produced by a distracted driver as the result of: (1) sending or reading text
messages, instant messages; (2} viewing or accessing internet sites; or (3} viewing or accessing
other data that uses commonly recagnized electranic communications pratocol; and
WHEREAS, the Denton City Cauncil believes that prahibiting the use of wireless
communication devices to engage in any use of a mobile communication device other than dialing
telephone numbers or talking ta another persan, with certain defenses, wauld further and pratect the
public health, safety, and welfare; NOW THEREFORE:
. t'L � • � • � : •' 1 . �
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2. Chapter 18 66Motor Vehicles and Traffic" of the Code of Ordinances of
Denton, Texas is hereby amended by adding Section 18-38 regarding the use of wireless
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communication devices while driving on all streets and highways within the City of Denton other
than any streets within the interstate highway system. Section 18-38 shall read as follows:
; : � � � 1 1 '
(a) In this section, a"Hands-free device" means speakerphone capability or a
telephone attachment to other piece of equipment, regardless of whether
permanently installed in the motor vehicle, that allows use of the wireless device
without use of either of the operator's hands.
(b) In this section, 66Text 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.
(c) In this section, "Wireless Communication Device" has the meaning assigned in
Section 545.425 (Use of Wireless Communication Device; Offense} of the Texas
Transportation Code. Further, "Wireless Communication Device" means a text-
messaging device or other electronic, two-way communication device that is
designed to receive and transmit voice communication, text or pictorial
communication, or both, whether by internet or other electronic means. The term
includes a mobile telephone, and a personal digital assistant (PDA).
(d) In this section, 66Wireless 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.
(e) A person commits an offense if the person uses a wireless communication device
to send, read, or write a text message, view pictures or written text, whether
transmitted by internet or other electronic means, engage in gaming or any other
use of the device, besides dialing telephone numbers or talking to another person,
while operating a motor vehicle.
(� It is an affirmative defense to prosecution of an offense under this section is a
wireless communication device is used:
1. While the vehicle is stopped, out of the moving lanes of the roadway;
2. Strictly to engage in a telephone conversation, including dialing or
deactivating a call;
3. That is affixed to the vehicle and used 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 abaut to be
committed or being committed;
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5. In the reasonable belief that a person's life or safety is in immediate danger; or
6. 5olely in a voice-activated or other hands-free mode.
(g) This ordinance does not apply to:
1. An operator of an authorized emergency vehicle using a wireless
cammunication device while acting in an official capacity; and
2. An operator who is licensed by the Federal Communications Commission
operating a radio frequency device other than a wireless communication
device.
(h) This ordinance does not apply to a person operating a motor vehicle on any street
or highway in the City of Denton on the interstate highway system. The interstate
highway system within the City of Denton includes the following roadways:
1. Interstate Highway 35 East;
2. Interstate Highway 35 West;
3. Interstate Highway 35; and
4. All the frontage and access roads providing access to the three interstate
highways.
(i) To the extent that this section conflicts with the 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 communications devices in school zones or
by the operators of school busses, this section does not apply.
(j) No citations will be issued for the first 30 days following the effective date of this
Ordinance so that an educational effort by the City of Denton may be conducted
to inform the public about the importance and requirements of this new
Ordinance.
SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 4. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 5. Any person found guilty of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200).
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SECTION 6. This Ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within 10 days of the date of its passage.
PASSED AND APPROVED this the �°�� day of ��{ : rv. , 2014.
�_� �.
BC�+�I��l.;��i°���`, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: ,�« 1 ��,�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: ` �° ..-�
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