2009-022sAour documents\ordinances\09\mobi1e phone ordinance-final-redline.doc
ORDINANCE NO.DD~' D~2
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPPLEMENTING CHAPTER 18
OF THE CODE OF ORDINANCES AND ENACTING A NEW SECTION 18-215 "USE OF
HAND-HELD MOBILE TELEPHONES PROHIBITED IN SCHOOL ZONES;" PROVIDING
FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR INCORPORATION INTO THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, to further serve and protect school aged children traveling to and from
elementary schools and other educational facilities throughout the state, the State of Texas has
adopted certain laws regulating the speed of motor vehicles in a school zone--said laws applying
only on official school days and during the hours when the school zone is in effect; and
WHEREAS, using a hand-held mobile telephone (a/-Ja a cell phone) while operating a
motor vehicle necessarily distracts the actor from his or her operation of said motor vehicle and
thus causes him or her to concentrate less on driving safely; and
WHEREAS, using a hand-held mobile telephone while operating a motor vehicle
necessarily limits the actor's ability to steer and maneuver said motor vehicle; and
WHEREAS, the City of Denton finds that the use of a hand-held mobile telephone while
operating a motor vehicle in a school zone on official school days and during hours when the
school zone is in effect creates a danger or probability of it to school children and others that the
City seeks to minimize; and
WHEREAS, the safety of all school aged children traveling to and from elementary
schools and other educational facilities located in Denton is of paramount importance and, as
such, demands a high standard of positive care and control; and
WHEREAS, strict liability offenses include not only those that are regulatory public
welfare or mala prohibita in nature, but also those for example that are designed to protect
children; and
WHEREAS, the States of California, Connecticut, New Jersey, New York, and
Washington ban the use of hand-held mobile telephones while operating a motor vehicle; and
WHEREAS, the City desires to implement those rules and regulations that protect health
life and property and that preserve good government order and security of the City and its
inhabitants; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 18 of the Code of Ordinances of the City of Denton is hereby
supplemented and a new Section 18-215 "Use of Hand-Held Mobile Telephones Prohibited in
School Zones" is hereby enacted and is to read as follows:
sAour documents\ordinances\09\mobile phone ordinance-final-redline.doc
Sec 18-215. Use of Hand-Held Mobile Telephones Prohibited in School Zones.
(a) For purposes of this section the following definitions apply:
Engaging in a call shall mean talking into, dialing or listening on a hand-held mobile telephone,
but shall not include holding a mobile telephone to activate or deactivate such telephone.
Hands free mobile telephone shall mean a mobile telephone that has an internal feature or
function or that is equipped with an attachment or addition, whether or not permanently part of
such mobile telephone by which a user engages in a call without the use of either hand (or
prosthetic device or aid in the case of a physically disabled person), whether or not the use of
either hand (or prosthetic device) is necessary to activate deactivate or initiate a function of such
telephone.
Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call
using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
Mobile telephone shall mean the device used by subscribers and other users of wireless telephone
service to access such service and shall include Personal Digital Assistants.
Personal Digital Assistant shall mean a device operated using a wireless telecommunications
service that provides for data communication other than by voice.
Wireless telephone service shall mean two-way real time voice telecommunications service that
is interconnected to a public switched telephone network and commonly referred to as cellular
service or personal communication service.
(b) Except as otherwise provided below it shall be unlawful for a person to drive or
operate a motor vehicle in a school zone as designated in sections 18-210 through 18-213 on
official school days during the hours when school zones are in effect and when school zone signs
and signs prohibiting hand held mobile telephone use are posted in place while using a hand-held
mobile telephone to engage in a call or to create, send or read messages.
(c) An operator of a motor vehicle who holds a mobile telephone to or in the immediate
proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call
within the meaning of this section. Immediate proximity shall mean that distance as permits the
operator of a mobile telephone to hear telecommunications transmitted over such mobile
telephone, but shall not require physical contact with such operator's ear.
(d) Subsection (b) shall not apply to:
The use of a mobile telephone for the sole purpose of communicating with any of
the following regarding an emergency situation: an emergency response operator,
a hospital, a physician's office or health clinic, or the City's Police Department;
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sAour documents\ordinances\09\mobi1e phone ordinance-final-redline.doc
2. Any law enforcement public safety or police officers, emergency services
officials, first aid emergency medical technicians and personnel, or any fire safety
officials in the performance of duties arising out of and in the course of their
employment as such; or
3. The use of a hands-free mobile telephone when being used in a hands free
manner.
4. The use of a mobile telephone by the operator of a motor vehicle when the motor
vehicle is legally parked and stationary, whether or not the motor is running.
SECTION 2: It shall be an affirmative defense to prosecution under this ordinance if a
motor vehicle operator can show that a cell phone was used while the vehicle was stationary
inside a school zone, and the cell phone call was made to a child attending the school within the
zone in order to locate the child.
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00).
SECTION 4. If any section or portion of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or
portion shall be deemed severable and shall not affect the validity of the remaining portions of
the ordinance.
SECTION 5. This Ordinance shall be, and the same is hereby deemed to be, incorporated
into the Code of Ordinances of the City of Denton, Texas.
SECTION 6. This Ordinance shall become effective on August 1, 2009, 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 , 2009.
M A B GHS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
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APPROVED AS TO LEGAL FORM:
ANITA URGESS, CITY ATTORNEY
BY:
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