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HomeMy WebLinkAboutCellPhones-HighlandParkOrdinance-1716u lJ u ORDINANCE NO 1716 AN ORDINANCE OF THE TOWN OF HIGHLAND PARK TEXAS SUPPLEMENTING CHAPTER 12 TRAFFIC AND VEHICLES ARTICLE 12 04 OPERATION OF VEHICLES GENERALLY OF THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND PARK AND ENACTING A NEW SECTION 12 04 014 USE OF HAND HELD MOBILE TELEPHONES PROHffiITED IN SCHOOL ZONES PROVIDING FOR A PENALTY CLAUSE 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 alka 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 Town of Highland Park Texas Town 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 Town seeks to minimize and WHEREAS the safety of all school aged children traveling to and from elementary schools and other educational facilities located in the Town is of paramount importance to the Town 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 Town desires to implement those rules and regulations that protect health life and property and that preserve good government order and security of the Town and its inhabitants NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Highland Park Texas SECTION 1 That Chapter 12 Traffic and Vehicles Article 12 04 Operation of Vehicles Generally of the Code of Ordinances of the Town of Highland Park is hereby supplemented and a new Section 12 04 014 Use of Hand Held Mobile Telephones Prohibited in School Zones is hereby enacted and is to read as follows Page I of 3 u u u Sec 12 04 014 Use of Hand Held Mobile Telephones Prohibited in School Zones a For purposes of this section the following definitions apply 1 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 2 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 3 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 4 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 5 Personal Digital Assistant shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice 6 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 section 12 06 004 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 1 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 the Town s Department of Public Safety Page 2 of3 u u u 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 e The violation of this section is a strict liability offense SECTION 2 Penalty That any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined as provided in Section 1 01 009 of the Code of Ordinances of the Town of Highland Park Texas SECTION 3 Severability That 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 4 Incorporation That this Ordinance shall be and the same is hereby deemed to be incorporated into the Code of Ordinances of the Town of Highland Park Texas SECTION 5 Effective Date That this Ordinance shall become effective on December 1 2007 PASSED AND APPROVED by the Town Council of the Town of Highland Park Texas on this 12th day of November 2007 APPROVED AS TO FORM tfk APPROVED LI Albert D Hammack Town Attorney William D White Jr Mayor ATTEST Town Secretary Page 3 of 3