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2017-282s:\Ordin a nces\1 \Ce II Phone UseCimh Ili! ted I Not II a rids Free. F xceptionfoitexting.doex AN ORDINANCE OF THE CITY OF DENTON, TEXASAMENDING SECTION: OF THE CODE OF ORDINANCES RELATING TO THE USE OF WIRELESS COMMUNICATION DEVICES WHILE OPERATING A VEHICLE TO PROVIDE MESSAGESSECTION 18-38 SHALL NOT REGULATE OR PROHIBIT READING, WRITING, OR SENDING ELECTRONIC OPERATING 1.. VEHICLE BECAUSE THIS ACTIVITY IS REGULATED AND PROHIBITED BY STATE LAW; PROVIDING A REPEALERPROVIDING FOR A PENALTY EXCEEDNOT TO OF ORDINANCE; PROVIDING DATE.AN EFFECTIVE ` City's public roadways; WHEREAS, this ordinance is drafted to address the City of Denton police regulation of public safety, and appropriately adds an exclusion to the City of Denton's current ordinance regarding the use of wireless communication devices while driving by providing that this ordinance shall not regulatereading, writing, or ! electronic e ,_ operating prohibiteda vehicle because this activity is currently by SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTIONwireless communication amendedhereby by adding subsectionfollows: To the extent that this section! ! . !n Code Section 545.4251 regarding the use of ! ! devices while operating a motor vehicle to read, write, or send an electronic message, this section does not apply. SECTION 3. If any section, i ! paragraph, isentence, clause,phrase, or ! ! in competentthis ordinance, or application thereof to any person or circumstances is held invalid by any court of ! 4 shall not! of ` remaining portions of this ordinance, of of Denton,a hereby declares would enacted such remaining portions despite imi s:\Ordinances\l7\Ce IIPhone Use Pro iblted IfNotH and sFreeExce ptionfortexting.docx SE....CTION 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). SECTION 6. This Ordinance providing for a penalty shall become effective 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 _ �`� p-('K't� �.r!��.�, 2017,. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ........ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY Page 2