HomeMy WebLinkAboutOrd 643 Amending Chapter 90 Adding Wireless Communication Devise in a School ZoneTOWN OF WESTLAKE
ORDINANCE NO. 643
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER
90, TRAFFIC AND VEHICLES, SECTIONS 90-81 — 90-95 ADDING ,SECTION 90-81,
ESTABLISHING A VIOLATION FOR UTILIZING A WIRELESS COMMUNICATION
DEVICE IN A SCHOOL CROSSING ZONE WHILE OPERATING A MOTOR
VEHICLE; BY ADOPTING THE PROVISIONS OF SECTION 545.425 OF THE TEXAS
TRANSPORTATION CODE, AS AMENDED; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town of Westlake Town Council desires to support a safe school
environment and believes it is in the best interests of the students and residents to place
restrictions on the use of wireless communications devices while operating a motor vehicle in a
school crossing zone, as defined by Section 541.302 of the Texas Transportation Code; and
WHEREAS, Section 545.425, of the Texas Transportation Code, as amended, provides
restrictions and defenses to prosecution on the uses of wireless communication devices while
operating a motor vehicle in a school crossing zone that the Council desires to have enforced
within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That Chapter 90, "Traffic and Vehicles" Division 3. Speed "Establishing
a violation for utilizing a wireless communication device in a school crossing zone while
operating a motor vehicle", Sections 90-81 of the Town of Westlake Code of Ordinances, as
amended, is hereby amended as follows:
Section 90-81 Establishing a violation for utilizing a wireless communication device in a
school crossing zone while operating a motor vehicle.
Section 545.425, of the Texas Transportation Code, as amended, provides restrictions and
defenses to prosecution on the uses of wireless communication devices while operating a motor
vehicle in a school crossing zone.
Any person, firm or corporation violating any of the provisions or terms of this section, and upon
conviction shall be punishable by a fine not to exceed the sum of Two Hundred dollars ($200.00)
pursuant to Section 545.425, of the Texas Transportation Code for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
Ordinance 643
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SECTION 3: That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 5: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Hundred dollars ($200.00) pursuant to Section 545.425, of the Texas
Transportation Code for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION G: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED
DAY OF AUGUST, 2010
OF
ti0�N
ATTEST:
0.
own Secretary
APPROVED-.A'J TERM:
Attorney
Laurli Wheat, Mayor
FEW
Ordinance 643
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THE STATE OF TEXAS
COUNTY OF TARRANT
Is Pam N o i t e , Office Manager of the Alliance Regional
Newspapers of Bedford, Texas, a newspaper of general circulation which has been
published in Denton County and Tarrant County regularly and continuously for a period
of one year prior to the first day of publication of this notice, solemnly swear that the
notice hereto attached was published in the Alliance Regional Newspapers, on the
following dates, to -wit:
In the 7.imez--Regizte/z in the 9/8/2010 edition,
Town o)e Gle.6t ealce, 0,zdinance Nome 643
r
Office Manager
Pam Noite
SUBSCRIBED AND SWORN TO before me on the 8th day of
Se12temge'z 2010 to certify which witness my hand and official seal.
AMANDA HENsARLiN
G NOTAR BLIC, STATE O ERAS
z My Corr mission Expires
December 45, 2412
�� My Commission Expires: