0952
ORDINANCE N0.952 .L RECORD
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS AMENDING
THE SOUTHLAKE CODE OF ORDINANCES, AS AMENDED, BY
AMENDING CHAPTER 18 "TRAFFIC AND VEHICLES," BY ADDING A
NEW SECTION TO ARTICLE 1, "USE OF HAND-HELD
COMMUNICATIONS DEVICES PROHIBITED IN SCHOOL ZONES"
MAKING IT AN OFFENSE FOR MOTORISTS TO USE HAND-HELD
COMMUNICATIONS DEVICES WHILE DRIVING IN AN ACTIVE
SCHOOL ZONE; DEFINING TERMS; PROVIDING DEFENSES;
PROVIDING FOR ENFORCEMENT BY THE POLICE DEPARTMENT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION
IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake ("City") is a home rule city acting under its charter
adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code;
WHEREAS, to further serve and protect school-aged children traveling to and from
elementary and secondary schools and other educational facilities throughout the State, the State
of Texas and the City of Southlake have adopted certain laws regulating the speed of motor
vehicles in a "school zone", said laws applying on official school days and during the hours
when the school zone is in effect; and
WHEREAS, using a hand-held mobile telephone (a/k/a a "cell phone") while operating a
motor vehicle necessarily distracts the actor from his or her operation of said motor vehicle and
this 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 finds that the use of a hand-held mobile telephone while operating
a motor vehicle in an active school zone creates a danger to school children and others that the
City seeks to minimize; and
WHEREAS, the City Council has determined that it is in the best interests and safety of
the citizens of the City of Southlake that this serious matter involving the protection of school-
aged children traveling to and from school should be addressed;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
Chapter 18, "Traffic and Vehicles" of the Southlake Code of Ordinances is hereby
amended by amending Article I, by adding a new Section 18.13, prohibiting the use of hand-held
telecommunications devices within a school zone, to provide as follows:
Sec. 18.13Use of handheld mobile telephones prohibited in school zones
(a) For purposes of this section the following definitions apply:
(1) Engaging in a call. Talking into, dialing or listening on a handheld mobile
telephone, or engaging in actions such as typing or reading messages, using the
Internet, or otherwise accessing a mobile telephone's data sources, but shall not include
holding a mobile telephone to activate or deactivate such telephone.
(2) Hands-free mobile telephone. 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) Handheld mobile telephone. 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. 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. A device operated using a wireless
telecommunications service that provides for data communication other than by voice.
(6) Wireless telephone service. Two-way real time voice telecommunications service
that is interconnected to a publicly 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, on official school days, during the hours when
the school zone is in effect, and when school zone signs and signs prohibiting handheld
mobile telephone use are posted in place, while using a handheld 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. An operator of a motor vehicle
who holds a mobile telephone to create, send or read messages, including using the
Internet or accessing databases, 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 City's Department of Public Safety;
(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.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Hundred Dollars ($200.00) for each offense.
SECTION 5.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any ordinances of this nature which have accrued at the time of
the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not
be affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Southlake is hereby directed to publish caption, penalty
clause, and effective date clause in the official newspaper at least once within ten (10) days after
the passage of this ordinance.
SECTION 7.
This Ordinance shall be in full force and effect form and after its passage and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING THIS JA DAY OF
2009.
MAYOR
ATTEST:
\
A s' w g
•1 .
LA
CIT-i"S~-CRETARYJ
••a e•H \
PASSED AND APPROVED ON SECOND READING THIS 1~1 17N OF
tuli , 2009.
MAYOR
ATTEST:
CITY SECRETA s""r
C ~
APPR 7VED F GALITY:
,,®!r!! N! 8!!"`~
r
CITY ATTORNEY
EFFECTIVE: 1-23.0q
INVOICE.
Preview
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
° ` ' '
t '
Invoice Number:
302388371
FORT WORTH, TX 76102
° ''
Invoice Date:
1/11/2009
(817) 390-7761
Federal Tax ID 26-2674582
J1�N 2 3 2009
Terms:
Net due in 21 days
Due Date:
1/31/2009
Bill To:
.�I�RY
p0 Number:
20900115-000.
CITY OF SOUTHLAKE
a���� O .,.i i 4.?s..
1400 MAIN ST
Order Number:
30238837
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Dates:
1/8/2009 -1/11/2009
Attn Attn: ACCOUNTS PAYABLE
Description
Location Col Depth
Linage,,,',,- U Rate Amoun
CITY OF SOUTHLAKE Notice is he I3580 1 93 93 LINE $0.43 $80.33
Sales Discount ($8.50)
Misc Fee $5.00
PFUNED \
ri�`,idCt iiE-'ARWENT
THE STATE OF TEXAS
County of Tarrant
Net Amount:
$76.83
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in the ve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501 \ n C1 /1 .�N1111NIHiJJ/i,.
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, January 1g, 2009.
(, (� Notary Public
Z 9�0F'fF l
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID:
CIT57
P.O. BOX 901051 Customer Name:
CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number:
302388371
Invoice Amount:
$76.83
PO Number:
20900115-000.
Amount Enclosed:
$ I
I exas, ;
that a public hearing
Will be held on Jan-
uary 20, 2009, at 5:00
P-m. or immediately'
following the Work
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake,
Texas. Purpose of
the
to consider earithensec-
and reading of the
following ordinance:
-Y person, firm or
corporation who vi-
olates, disobeys,
omits, neglects prefuses rI
With or who resists
the enforcement of
any of the provisions)
Of this ordinance
Shall be fined not
more than
Hundred Dollars
($200.00) for each
offense
thlake