Ordinance 2008-19 ORDINANCE NO. 2008-19
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
ARTICLE III, (OPERATION OF VEHICLES), CHAPTER 110
(TRAFFIC AND VEHICLES) OF THE CODE OF ORDINANCES
OF THE CITY OF WYLIE AND ADDING A NEW SECTION 110-
114 (USE OF HAND-HELD MOBILE TELEPHONES
PROHIBITED IN SCHOOL ZONES); PROVIDING FOR A
PENALTY OF THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY, REPEALING AND SAVING
CLAUSES; PROVIDING FOR THE PUBLICATION OF THIS
CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it will be advantageous, beneficial and in the best interest of the
citizens of the City of Wylie, Texas (the "City") to amend Article III (Operation of Vehicles),
Chapter 110 (Traffic and Vehicles) of the Code of Ordinances of the City of Wylie by adding a
new Section 110-114 (Use of Hand-held Mobile Telephones Prohibited in School Zones) as set
forth below; and
WHEREAS, the City Council has investigated and determined that the use of hand-held
mobile telephones to engage in a call or the use of a mobile communication device to send, read,
or write a text message while operating a moving motor vehicle is a traffic hazard and a danger
to the public because such actions limit the driver's ability to steer and maneuver the motor
vehicle in a safe manner, require the driver to remove his or her eyes from the road thereby
limiting his or her ability to see and react to hazards, and otherwise distract the driver's
concentration from the safe operation of the motor vehicle; and
WHEREAS, the City Council has investigated and determined that the use of a hand-
held mobile telephone to engage in a call or the use of a mobile communication device to send,
read, or write a text message while driving in a school zone on official school days and during
hours when the school zone is in effect creates a particular danger or probability of danger to
school children traveling to and from schools and other educational facilities in the City; and
WHEREAS, the City Council believes that prohibiting the use of hand-held mobile
telephones to engage in calls or mobile communication devices to send, read, or write text
messages while driving in active school zones, with certain defenses, would further protect the
public health, safety, and welfare, especially of school-aged children.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findin~s Incorporated. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
Ordinance No. 2008-19
Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 1
508687.v3
SECTION 2: Amendment to Article III (Operation of Vehicles), Chapter 110
(Traffic and Vehicles) of the Code of Ordinances of the Citv of Wvlie bv adding a new
Section 110-114 (Use of Hand-held Mobile Telephones Prohibited in School Zones). Article
III (Operation of Vehicles), Chapter 110 (Traffic and Vehicles) of the Code of Ordinances of
City of Wylie, is hereby amended by adding a new Section 110-114 (Use of Hand-Held Mobile
Telephones Prohibited in School Zones) to read as follows:
"Sec. 110-114. Use of Hand-Held Mobile Telephones Prohibited in School Zones.
(a) 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:
Engaging in a call shall mean talking into, dialing, or listening on a hand-held mobile
telephone.
Hands free mobile telephone shall mean 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 the hand (or prosthetic device) is necessary to activate, deactivate, or
initiate a function of such telephone.
Hand-held mobile telephone shall mean 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).
Mobile communication device shall mean a text-messaging device or other electronic,
two-way communication device that is designed to receive and transmit voice
communication, text communication, or both. The term includes a mobile telephone and
a personal digital assistant (PDA).
Mobile telephone shall mean the device used to access a wireless telecommunications
service.
School zone shall mean those school zones as designated in Section 110-133 of this
chapter.
Text message shall mean a two-way communication (whether real-time or asynchronous)
in which data (composed in whole or in part of text, numbers, images, or symbols) is
sent, entered, or received by a method other than by voice and transmitted through either
a short message service (SMS) or a computer network. The term does not include a
communication transmitted through a global positioning or navigation system.
Ordinance No. 2008-19
Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 2
508687.v3
Wireless telecommunication service shall mean two-way real time voice or other data
telecommunications service that is interconnected to a public switched telephone network
and commonly referred to as cellular service or personal communication service.
(b) It shall be unlawful for any person to use a hand-held mobile telephone to engage
in a call or use a mobile communication device to send, read, or write a text message, while
operating a moving motor vehicle in school zone:
(1) on an official school day;
(2) during the hours when the school zone is in effect. See Section 110-113
for the list of times in which school zones are in effect; and
(3) when signs stating, "NO TEXT-MESSAGING OR HAND-HELD CELL
PHONE USE IN ACTIVE SCHOOL ZONE," or similar language is conspicuously posted at
each entrance to the school zone.
(c) An operator of a motor vehicle who holds a mobile telephone to or in the
immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging
in a call under this section. Immediate proximity is any distance that permits the user of a mobile
telephone to hear telecommunications transmitted over the telephone and does not require
physical contact with the user's ear.
(d) It is a defense to prosecution under this section if a person is:
(1) using the mobile telephone or mobile communication device to report
illegal activity to a law enforcement agency; to communicate with an emergency response
operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a heath
clinic regarding a medical or other emergency situation; or to prevent injury to a person or
property; or
(2) operating an authorized emergency vehicle and using the mobile telephone
or mobile communication device in the course and scope of the person's official duties; or
(3) using a hands-free mobile telephone in a hands-free manner.
(e) Any person violating this section shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined a sum not exceeding five hundred dollars ($500.00). An
offense under this section is not a moving violation and may not be made a part of a person's
driving record or insurance record. "
SECTION 3. Savings/Repealing. All provisions of any ordinance in conflict with this
Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
Ordinance No. 2008-19
Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 3
508687.v3
SECTION 4. Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. City hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause or phrase thereof regardless of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5. Penaltv Provision. Any person, firm, corporation or business entity
violating this, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HLTNDRED
DOLLARS ($500.00). Each continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude the City
from filing suit to enjoin the violation. The City retains all legal rights and remedies available to
it pursuant to local, state and federal law.
SECTION 6. Effective Date. This Ordinance shall become effective August 25, 2008
upon adoption and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on the 8~` day of April, 2008.
J Mo dy, Mayor
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Date of publication in The Wvlie News - April 16, 2008
Ordinance No. 2008-19
Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 4
508687.v3
C8S Media, Inc.
~Gl~e ,gnrmergbiCle ~imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
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STATE OF TEXAS ~ ~ 5
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie - Ordinances No. 2008-18, 2008-19, 2009-20
was published in said newspaper on the following dates, to-wit:
Apri116, 2008.
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of ~ , 2008
to certify which witness my hand and seal of office.
MARY SWANK
Pubilc, Stete of Taxas
Notary mission ~x~ires
~;;;r~~'-` r Seqtem?~er 22, 2Q~ ~
otary ublic in and for
e State of Texas
My commission expires / ' ~ "2 ~ ~ ( ~
~R~
MAY" 0 1 ~~C08
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Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-SS1S • fax 972-442-4318
FarmersvillelPrinceton Office • l01 S. Main • P.O. Box 512 • Fanr~ersville, 7'X 75442 • 972-784-6397 • fax 972-782-7023
ppri116 -17 , 2008 - C&51vIEDIA PUBLICATIONS - Section C- Page 3
p1tDINANCE NO.
200~-19
AN ORDINANCE OF
'TI~ CTTY OF WYLIE,
TEXAS, t1MENDING
ARTICLE III, (OPERA-
TION OF VEHICLES),
~'~l~g..la~(1 F'T~d:a?F-
IFIC~Id~I"1'~~) fJF
'THE CODE OF ORDI=
NANCES OF TI-IE CITY
OF. WYLIE AND
ADDING A NEW SEC-
TION 110-114 (US~ OF
HAND-HELD MOBILE
TEi.EPHONES PROHIB-
I'TED . IN . SeHOOL
ZONE5); PROVIDING
FOR A PENALTY OF
THE VIOLATION OF
THIS ORDINANCE;
PROVZDING FOR SEV- ,
ERABILITY, RE~EAL-
ING AND SAVING
CLAUSES; PROVIDING
FOR THE PUBLICA-
TION OF THIS CAP-
TION HEREOF; AND
PROVIDING AN EFFEC-
TNE DATE OF AUGUST
2g, 20pg FOR THIS
ORDiI~11ANCE. ,