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Home My WebLink About2020-4158 - Ordinance - 02/27/2020ORDINANCE NO. 2020-4158 AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE I “IN GENERAL,” SECTION 38-19 “USE OF WIRELESS COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE OR BICYCLE,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; 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 38, “Traffic and Vehicles,” Article I “In General,” Section 38-19 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2020-4158 Page 2 of 4 PASSED, ADOPTED and APPROVED this 27th day of February, 2020. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2020-4158 Page 3 of 4 EXHIBIT A That Chapter 38, “Traffic and Vehicles,” Article I “In General,” Sec. 38-19 is hereby amended to read as follows: Sec. 38-19. - Use of Wireless Communication Devices While Operating a Motor Vehicle or Bicycle. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 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. Electronic Message means data that is read from or entered into a wireless communication device for purposes of communicating with another person. Hands-free device means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in the motor vehicle, allowing use of the wireless communication device without use of either of the operator's hands. Use means employing, accessing or operating the wireless communication device for any reason, except when using the wireless communication device to read, write or send an electronic message. 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, unless the motor vehicle or bicycle is at a complete stop. (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. ORDINANCE NO. 2020-4158 Page 4 of 4 (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. (4) Emergency services. To report illegal activity, summon emergency help, or enter information into a software application that provides information relating to traffic and road conditions to users of the application and to read an electronic message that the person reasonably believed concerned an emergency. (5) Music. The wireless communication device is used to activate a function that plays music. (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: (1) A person licensed by the Federal Communication Commission while operating a radio frequency device other than a wireless communication device. (2) Authorized emergency personnel while acting in official capacity.