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Item 10ACITY OF SOUTH LAKE MEMORANDUM May 7, 2013 To: Shana K. Yelverton, City Manager From: Steve Mylett, Chief of Police Subject: Item 10A: Discuss ban on texting while driving Background Information: This item has been requested for further discussion by Deputy Mayor Pro Tern Muller as well as Councilmember Zito. From our most recent survey at least 23 Texas cities have enacted a ban on texting while driving a motor vehicle. A comparison of selected Texas cities is shown in Attachment A. A typical texting while driving ordinance bans viewing or sending text messages while driving. In addition, many municipalities also ban the use of cell phone applications while operating a motor vehicle. All ordinances studied allow a driver to use their mobile phone for texting or applications while the vehicle is stopped. Other provisions allow a phone to be used as a GPS device when affixed to the vehicle, to obtain emergency assistance, to prevent a crime and to report a traffic accident. Ordinances commonly exempt operators of authorized emergency vehicles from the texting while driving ban while acting in an official capacity. The average number of citations issued for texting while driving per month is low in the cities surveyed. Larger cities such as Austin and San Antonio write an average of 16 citations and 14 citations per month, respectively. Smaller cities write anywhere between 1 to 4 citations per month. This comparison is shown in Attachment B. For comparison, Southlake has written 853 citations for use of a cell phone in a school zone while driving since the ordinance went into effect on January 6, 2009. This equates to an average of 19 citations per month. During the current Texas Legislative session, House Bill 63 was proposed to ban texting while driving with a fine of no 10A- i City Council Meeting Meeting Date — May 7, 2013 Page 2 of 4 more than $100 per occurrence. On April 18, 2013, this bill was approved 97-45 by the State House of Representatives. The bill is currently making its way through the State Senate. Legislation banning texting and driving was vetoed by Governor Perry in 2011. Financial Consideration: The fine amounts levied to individuals ticketed for Texting While Driving ranges across the state from $200 to $500. House Bill 63 proposes a fine of no more than $100. Strategic Link: Safety and Security; C1, Achieve the highest standards of Safety and Security; B4, Provide High Quality Customer Service; Citizen Input/ Board Review: N/A Legal Review: N/A Supporting Documents: Attachment A: Texting While Driving Ordinance Comparison Attachment B: Average Citations per Month Comparison 10A - 2 City Council Meeting Meeting Date — May 7, 2013 Page 3 of 4 Attachment A: Texting While Driving Ordinance Comparison Texting While Driving Ordinance Comparison Bans all phone Bans viewing or Allows phone use Average use without a sending text Bans use of for texting or Maximum Number of hands free messages while applications applications while Fine Citations Per device (no wing while driving vehicle is stopped Month calls) Austin No Yes Yes Yes $500 16 Arlington No Yes Yes Yes $200 4 Conroe No Yes Yes Yes $500 1 Galveston No Yes No Yes $500 3 Magnolia No Yes No Yes $200 3 Missouri City No Yes Yes Yes $500 2 San Antonio No Yes Yes Yes $200 14 All ordinances allow a phone to be used as a GPS device as long as it is affixed to the vehicle. All ordinances allow a phone to be used to obtain emergency assistance, to prevent a crime, or to report a traffic hazard/incident. All ordinances exempt operators of authorized emergency vehicles while acting in an official capacity. 10A-3 City Council Meeting Meeting Date — May 7, 2013 Page 4 of 4 Attachment B: Average Citations per Month Comparison Average Number of Texting While Driving Citations Per Month 18 16 16 14 12 10 8 6 14 4 4 3 3 2 2 1 0 - Austin Arlington Conroe Galveston Magnolia Missouri City San Antonio 10A-4