From
Megan Mahan
Title
An ordinance amending Chapter 25 of the Code of Ordinances of the City of Grand Prairie, Texas, amending Section 23-13, Use of Wireless Communication Devices while Driving; providing for a fine of up to $200 for each offense in violation of the ordinance; providing this ordinance be cumulative, providing a savings clause, providing publication and an effective date
Presenter
Megan Mahan, Assistant City Attorney
Recommended Action
Approve
Analysis
The original cell phone use ordinance became effective September 1, 2013. After prosecuting this offense for several years, the prosecutor’s office is requesting that a few changes be made to the wording of the ordinance. It does not affect the content or application of the ordinance. These changes are merely for clarity. We believe that these changes will make the offense easier to prosecute and explain to a jury. It will also make it easier for our citizens to read and understand.
Financial Consideration
There is no financial impact as a result of this change.
Body
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING SECTION 25-13, USE OF WIRELESS COMMUNICATION DEVICES WHILE DRIVING; PROVIDING FOR A FINE OF UP TO $200 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING THIS ORDINANCE BE CUMULATIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING PUBLICATION AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
WHEREAS: the City Council finds that the use of a wireless communication device to send, read, or write a text message, view pictures or written text, whether transmitted by internet or other electronic means, engage in gaming or any other use of the device, besides dialing telephone numbers, or talking to another person while operating a moving motor vehicle, is a traffic hazard, a danger to the public and creates a particular danger or probability of danger in the City of Grand Prairie; and
WHEREAS: the City Council believes that prohibiting the use of wireless communication devices to engage in any use of a mobile communication device besides dialing telephone numbers or talking to another person, with certain defenses, would further and protect the public health, safety, and welfare; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1: That Section 25- 13 of Chapter 25 of the Code of Ordinances of the City of Grand Prairie is amended and should read as follows:
Sec. 25-13. - Use of wireless communication devices while driving.
(a) Definitions. For the purpose of this section, the following words, terms, phrases and their derivations shall have the meanings as set out below:
(1) "Handheld wireless communication device" means a wireless communication device that is portable, and includes but is not limited to, wireless telephones, tablets, ipads, smartphones, or laptops whether or not it is physically attached to a vehicle.
(2) "Text-based communications" means a communication that is designed or intended to be composed with at least one (1) hand on a handheld communication device and that is transmitted between wireless communication devices for the purpose of manually communicating in a non-spoken manner with another person in a written medium. The term includes:
a. A text message;
b. An instant message;
c. An email;
d. A comment on any social media;
e. Any other type of electronic message.
(3) "Use of a wireless communication device" shall include but not be limited to:
a. Sending or reading a text message or email;
b. Posting or reading any written communications or comments on any social media;
c. Use of the internet for any purpose; or
d. Use of any smartphone application other than a GPS navigation application that has voice activated directions.
(b) An operator of a motor vehicle commits an offense if the operator uses a handheld wireless communication device to view, send or compose an electronic message or to view, use or access other application software read, write, or send a text-based communication while operating a motor vehicle on a public street.
(c) Subsection (b) does not apply to an operator of an authorized emergency or law enforcement vehicle using a wireless communication device while acting in an official capacity.
(d) It is an affirmative defense to prosecution under subsection (b) if the text-based communication is performed handheld wireless communication device is used:
(1) While the vehicle is stopped, out of the moving lanes of the roadway;
(2) Strictly to engage in a telephone conversation, including dialing or deactivating the call;
(3) As a global positioning or navigation system that is affixed to the vehicle;
(4) 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 to prevent injury to a person or property;
(5) In the reasonable belief that a person's life or safety is in immediate danger; or
(6) Solely in a voice-activated or other hands-free mode.
(e) 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. No citations will be issued for the first ninety (90) days following the effective date of the ordinance codified herein, so that an educational effort by the city may be conducted to inform the public about the importance and requirements of this new ordinance. Thereafter, a A person convicted of an offense under this section shall be punished by a fine of up to two hundred dollars ($200.00).
(f) To the extent this section conflicts with the Texas Transportation Code section 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or Texas Transportation Code section 545.425, regarding the use of wireless communication devices in school crossing zones, this section does not apply.
SECTION 2. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Grand Prairie, and this ordinance shall not operate to repeal or affect any other ordinance 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(s) are hereby repealed.
SECTION 3. If any portion of this ordinance is declared to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all of provisions shall remain in full force and effect.
SECTION 4. This ordinance shall become effective from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 2nd DAY OF FEBRUARY, 2016.