2016-394*RDINANCE NO,!
• • ! '' • • '
AS A CLASS C MISDEMEANOR FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING
f. • ' AN EFFECTIVE DATE.
WHEREAS, the Denton City Council finds that there are significant risks relating to the
distracted operating of vehicles that include various aspects of the use of wireless communication
devices while operating on the public roadways within the City; and
WHEREAS, prohibiting - of • •n devices while operating
vehicle in the City of Denton, to the extent allowed by §545,425(f), Texas Transportation Code,
addresses the possible hazards produced by a distracted driver as the result of- (1) sending or
reading text messages or instant messages; (2) viewing or accessing internet sites; or (3) viewing
or accessing other data that uses commonly recognized electronic communications protocol; and
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Irom regula.] Ilues ueienses to prosecUL1011 LU We Upp MIUMI I I
allowing the use of hands-free devices, while a vehicle is stopped, and communications by
operators of • "• emergency vehicles; NOW, THEREFORE,
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Section 18-38 "Use of wireless communication devices while operating a
vehicle" is hereby amended to read as follows:
Sec. 18-38 Use of wireless communication evices while operating a vehicle.
section,"Hands-free device" means speakerphone c.•.f or • • -
in/onattachment to other piece of equipment, regardless of whether permanently installed
• of device withoutof of
operator's hands,-• for of operator's# •r the purpose of
answering or .'ing a voice telephone
(b) In this section, "Stop" or "Stopped" means to halt an occupied or unoccupied
vehicle: (1) in a location other than a lane of traffic on a roadway; (2) in a lane of
traffic on a roadway pursuant to the direction of a traffic control device; or (3)
otherwise lawfully stopped in a lane of on •.•
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(c) In this section, "vehicle" shall have the meaning set forth in Section 541.201 (23) of
the Texas Transportation Code.
(d) In this section, "Wireless Communication Device" has the meaning assigned
Section 545.425 (Use of Wireless Communication Device; Offense) of the Tex
Transportation Code,
(e) An operator of a vehicle may not use a wireless communication device for any
purpose while operating a vehicle on any street or highway within the City of
Denton, unless employing a hands-free device.
(f) This ordinance does not apply to an operator of a vehicle using a wireless
communication device:
I . For initiating or terminating a telephone call while the vehicle is stopped; or
pped* or
2
ob . Fr initiating or terminating navigation with mapping software or a glo
positioning system, while the vehicle is stopped; or
3. By an operator of an authorized emergency vehicle using a wirele
communication device while acting in an official capacity; or
4. By an operator who is licensed by the Federal Communications Comm -ss•
operating a radio frequency device other than a wireless communication devlc
(g) It is an affirmative defense to prosecution of an offense under this section if a
wireless communication device is used:
1. For obtaining emergency assistance to report a traffic accident, medical
emergency, or serious traffic hazard, or to prevent a crime about to be
committed or being committed; or
In the reasonable belief that a person's life or safety is in immediate danger.
(h) To the extent that this section conflicts with the Texas Transportation Code Section
545.424, regarding the use of wireless communication devices while operating g
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.
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,
[caragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force
,?nd effect.
UM
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SECTION 5. Any person found guilty of violating this Ordinance by a court of competent
jurisdiction shall be guilty of a Class C misdemeanor.
SECTION 6. Ordinance 2014-112 shall remain in full force and effect until the effective
date of this ordinance.
SECTION 7. This Ordinance providing for a penalty shall become effective June 1, 2017,
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 A--- day of 2016.
7
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR( 11 A,41'0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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