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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 ME 1 17MI 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 •.• SALegaR0ur Documents\0rdmances\1 6\Wireless Communication Devices,docx (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 SALega1\0ur Documents\0rdinances\1 6\Wireless Communication Devices.docx 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: Page 3