HomeMy WebLinkAbout2016-3797 - Ordinance - 08/11/2016 ORDINANCE NO. 2016-3797
AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE" OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING
SECTION 10-14 "USE OF WIRELESS COMMUNICATION DEVICES WHILE
OPERATING A MOTOR VEHICLE OR BICYCLE", PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 10, "Traffic Code", be amended by adding Section 10-14 "Use of
Wireless Communication Devices While Operating a Motor Vehicle or Bicycle",
as set out in Exhibit "A", attached hereto and made a part of this ordinance for all
purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than
Two Hundred Dollars ($200.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being
a penal ordinance, becomes effective ninety (90) days after its date of passage by
the City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this 11th day of August, 2016.
APPROVED:
Mayor
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AP' OVED:
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City Attorney
Ordinance No. 2016-3797 Page 2 of 3
EXHIBIT "A"
That Chapter 10, "Traffic Code", is hereby amended by adding Section 10-14 "Use of Wireless
Communication Devices While Operating a Motor Vehicle or Bicycle", and is to read as follows:
Section 10-14
Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle
A. Definitions.
1. Authorized Emergency Personnel means a person who is a law enforcement
officer, firefighter, member of a governmental emergency medical services,
communications or public utility function, or member of a governmental
emergency management function.
2. Hands-free Device means speakerphone capability or a telephone attachment or
other piece of equipment, regardless of whether permanently installed in the motor
vehicle allowing use of the Wireless Communication Device without use of either
of the operator's hands.
3. Use means employing, accessing or operating the Wireless Communication Device
for any reason.
4. Wireless Communication Device has the meaning assigned in Texas
Transportation Code § 545.425, as amended.
B. Violation. An operator of a motor vehicle or a bicycle may not use a Wireless
Communication Device while operating a motor vehicle or bicycle on a public roadway or
highway.
C. Affirmative Defenses. It is an affirmative defense to prosecution to an offense under this
section if:
1. Complete Stop. The motor vehicle or bicycle is at a complete stop.
2. Hands-free Device. The Wireless Communication Device is used in Hands-free
Device mode of operation to engage in telephone communication or to listen to
audio transmissions.
3. Navigation. The Wireless Communication Device is used as global positioning or
navigation device or for its global positioning or navigation operating software and
the Wireless Communication Device is affixed to the motor vehicle or bicycle.
Ordinance No. 2016-3797 Page 3 of 3
4. Emergency Services. The Wireless Communication Device is used for obtaining
emergency assistance to report a crime, traffic accident, medical emergency,
serious traffic hazard or in prevention of a crime.
D. Presumption. Evidence that a police officer observed a person holding a Wireless
Communication Device while operating a motor vehicle or bicycle in motion creates a rebuttable
presumption that the person used a Wireless Communication Device in violation of this section.
E. Conflicts. To the extent this section conflicts with any provision of the Texas
Transportation Code regarding the use of wireless communication devices or hand-held mobile
telephones, this section does not apply.
F. Non-Applicability. This section does not apply to:
a. A person licensed by the Federal Communication Commission while operating a
radio frequency device other than a Wireless Communication Device.
b. Authorized Emergency Personnel while acting in official capacity.