Ordinance 2017-25 ORDINANCE NO. 2017-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE
NO. 2016-29, AS AMENDED, CHAPTER 110 (TRAFFIC AND VEHICLES),
ARTICLE III (OPERATION OF VEHICLES), SECTION 110-115 (USE OF
HAND-HELD MOBILE TELEPHONES PROHIBITED IN SCHOOL
ZONES); PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING
CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie")
to amend the Wylie Code of Ordinances, Ordinance No. 2016-29, as amended, ("Code of
Ordinances") by modifying Chapter 110 (Traffic and Vehicles), Article III (Operation of Vehicles),
Section 110-115 (Use of hand-held mobile telephones prohibited in school zones) for the purpose of
complying with HB 62, adopted by the 2017 Texas Legislature, regarding sending and receiving
electronic messages while driving; and
WHEREAS, the City Council finds that it is in the best interest of Wylie and its citizens to
amend the Code of Ordinances as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 110 (Traffic and Vehicles), Article III (Operation of
Vehicles), Section 110-115 (Use of hand-held mobile telephones prohibited in school zones) of the
Wylie Code of Ordinances. Section 110-115 (Use of hand-held mobile telephones prohibited in
school zones) of the Wylie Code of Ordinances is hereby amended as follows':
"ARTICLE III OPERTION OF VEHICLES
Sec. 110-115. 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.
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Amending Sec. 110-115(Use of hand-held mobile telephones prohibited in school zones)
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Hands-free mobile telephone shall mean a mobile telephone that has an
internal feature or function or that is equippedwith 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. 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.
Wireless tciccommunication 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 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 '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
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Amending Sec. 110-115(Use of hand-held mobile telephones prohibited in school zones)
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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 health 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
$500.00. An offence under this section is not a moving violation and may not be
made a part of a person's driving record or insurance record.
(Ord.No. 2008-19, § 2, 4-8-2008; Ord, No. 2009-06, § 2, 2-10-2009)"
SECTION 3: Penalty. Any person, firm, corporation or entity violating or refusing to
comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding
two thousand dollars ($2,000.00) for each offense if the offense relates to public health and
sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00) for
each offense. Each day that a violation is permitted to,exist shall constitute a separate offense. The
penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin
the violation. Wylie retains all legal rights and remedies available to it under local, state and federal
law.
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. The City Council hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, regardless of whether any one or more sections,
subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 5: Savings/Repealing. All provisions of the Code of Ordinances shall remain in
full force and effect, save and except as amended by this or any other ordinance. 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
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Amending Sec. 110-115(Use of hand-held mobile telephones prohibited in school zones)
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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 such ordinances shall. remain in full force
and effect.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 12th day of September, 2017.
Eric-Hogue, qayqD
ATTEST:
Carole Ellicl(-Clij Secretary
UU
Dates of Publication: Septembe I e'h�i; h@1� vs
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Amending Sec. 110-115(Use of hand-held mobile telephones prohibited in school zones)
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