ORD 864 08/12/2008 ORDINANCE NO. 864
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO
BANNING HANDHELD MOBILE TELEPHONE USE IN ACTIVE
SCHOOL ZONES; PROVIDING THAT ALL ORDINANCES IN
CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT
THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, to further serve and protect school-aged children traveling to and
from 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/k/a "cell phone") while
operating a motor vehicle has the potential to distract the actor from
his or her operation of said motor vehicle and cause him or her to
concentrate less on driving safely, and
WHEREAS, using a hand-held mobile telephone while operating a motor vehicle
has the potential to limit the actor's ability to steer and maneuver
said motor vehicle, and
WHEREAS, the City of Cibolo, Texas ("City") 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, has the potential to create a danger to school
children and others that the City should seek to minimize such risk;
and
WHEREAS, the safety of all school-aged children traveling to and from
elementary schools and other educational facilities located in the
City of Cibolo is of paramount importance to the City, and requires
a high standard of positive care and control; 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 of Cibolo desires to implement those rules and regulations
in order to protect health, life, and property and the preserve good
government, order and security of the City and its inhabitants;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CIBOLO, TEXAS, that the following regulations regarding handheld
mobile telephones be enacted:
Regulation of Handheld Mobile Telephone Usage
Section 1 Definitions
For purposes of this Article, 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) "Hand-held mobile telephone" shall mean a mobile telephone with which a
user engages in a call using at least one hand.
(3) "Hands-free mobile telephone" shall mean 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, which a
user engages in a call without the use of either hand, whether or not the use
of either hand is necessary to activate, deactivate, or initiate a function of
such telephone.
(4) "Mobile telephone" shall mean the device used by subscriber 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 commonly referred to as cellular service or personal
communication service.
Section 2 Mobile Phone Use
(1) Use of a hand-held mobile telephone is prohibited while operating a motor
vehicle in a "School Zone", on official school days and during hours when
the school zone is in effect.
(2) 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 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 a message.
(3) 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 Article.
"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.
(4) Subsection (2) shall not apply to:
a. The use of a mobile telephone for the sole purposes of communicating
with any of the following regarding an emergency situation: an
emergency response operator, a hospital, a physician's office, a health
clinic, the City of Cibolo Police Department, the City of Cibolo Fire
Department, or other emergency service provider;
b. 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
c. The use of a hands-free mobile telephone when being used in a
hands-free manner.
(5) The violation of this Article is a strict liability offense.
Section 3 Penalty
Any person violating any of the provisions of this Ordinance shall be
deemed guilty of a Class "C" misdemeanor, which shall be punishable by a fine
of not less than $50.00 nor more than $500.00.
II.
This Ordinance shall be and is hereby cumulative of all other ordinances
of the City of Cibolo, Texas, and this Ordinance shall not operate to repeal or
affect any such other ordinances except insofar as the provisions thereof might
be inconsistent or in conflict with the provisions of this Ordinance, in which event,
such conflicting provisions, if any, in such other ordinance or ordinances are
hereby repealed.
III.
If any section, subsection, sentence, clause or phrase of this Ordinance
shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance.
IV.
This Ordinance shall become effective and shall be in full force and effect
after passage and adoption by the City Council of the City of Cibolo, Texas, and
publication hereof as prescribed by law and the City Charter.
PASSED AND ADOPTED by the City Council of the City of Cibolo, Texas,
this 12th day of August, 2008
APPROVED:
trh/riziwV4/1-7‘,a4,--
ennifer artman,
Mayor
City of Cibolo, Texas
ATTEST:
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Peggy Cimics
City Secretary
City of Cibolo, Texas
APPROVED AS TO FORM:
Office of the City Attorney