In this article:
Bicycle.
A device that a person may ride and that is propelled by
human power and has two tandem wheels at least one of which is more
than 14 inches in diameter.
Engaging in a call.
Talking, dialing, or listening on a wireless communication
device, but does not include holding a mobile communication device
to activate or deactivate the device.
Hands-free device.
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 a motor vehicle,
that allows use of the wireless communication device without use of
either of the operator’s hands, except to activate or deactivate
a function of the wireless communication device or hands-free device.
The term includes voice-operated technology and a push-to-talk function.
To operate a bicycle.
Sitting astride a permanent seat attached to a bicycle while
the bicycle is in motion.
Park or parked.
To completely cease movement of a motor vehicle or bicycle
in a lawful manner and location. For purposes of this section, “parked”
does not include or mean a vehicle stopped in a lane of traffic due
to either a lawful traffic-control device, or the conditions on the
roadway, or traffic congestion patterns then existing.
Wireless communication device.
A device that uses a commercial mobile service, as defined
by 47 U.S.C. section 332, as provided under subsection 545.425(a)(2),
Texas Transportation Code, as amended.
(Ordinance 358 adopted 10/10/17)
(a) A person commits an offense if, while operating a motor vehicle or a bicycle on a public roadway or any area described under section
18.01.001 of this code, the person, without using a hands-free device, uses a wireless communication device to engage in a phone call.
(b) This section does not apply to an operator of a motor vehicle or
bicycle who is using a wireless communication device:
(1) While the vehicle or bicycle is lawfully parked;
(2) If the device is affixed to the vehicle, whether permanently or temporarily,
and being actively utilized as a global positioning or navigation
system;
(3) If the device is being used in conjunction with a hands-free device;
or
(4) Is an operator described by subsection 545.425(e), Texas Transportation
Code.
(c) It is an affirmative defense to prosecution under this section as
provided under subsection 545.425(d), Texas Transportation Code.
(Ordinance 358 adopted 10/10/17)
(a) An offense under this article is a misdemeanor and punishable by a fine in accordance with the general penalty provision of section
1.01.009 of this code of ordinances.
(b) An offense under this section is not a moving violation and may not
be made a part of a person’s driving record.
(Ordinance 358 adopted 10/10/17)