The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Engaging in a call.
Talking into, dialing, or listening on a wireless communication device.
Hands-free device.
Speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator’s hands.
Wireless communication device.
A device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332.
School crossing zone.
A reduced-speed zone designated on a street by the City of Brenham to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.
Text message.
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 O-09-018, sec. 2, adopted 11/19/09)
Except as otherwise provided in this article, it shall be unlawful for any person to use a wireless communication device for any purpose, including but limited to engage in a call or to send, read, or write a text message, while operating a motor vehicle within a school crossing zone, unless:
(1) 
The vehicle is stopped; or
(2) 
The wireless communication device is used with a hands-free device.
(Ordinance O-09-018, sec. 2, adopted 11/19/09)
Signs stating, “CELL PHONE USE PROHIBITED - UP TO $200 FINE” or similar language is required to be conspicuously posted at each entrance to the school crossing zone.
(Ordinance O-09-018, sec. 2, adopted 11/19/09)
An operator of a motor vehicle who holds a wireless communication device 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 article. “Immediate proximity” is any distance that permits the user of a wireless communication device to hear communications transmitted over the wireless communication device and does not require physical contact with the user’s ear.
(Ordinance O-09-018, sec. 2, adopted 11/19/09)
It is a defense to prosecution under this section if a person is:
(1) 
Using the wireless communication device to make an emergency call to: an emergency response service, including a rescue, emergency medical, or hazardous material response service; a fire department; a law enforcement agency; a hospital; a physician’s office; a health clinic; or to an individual to administer first aid treatment; or
(2) 
Operating a motor vehicle and using the wireless communication device within a school crossing zone where a sign required by section 25-102 is not posted at the entrance to the school crossing zone at the time the offense is committed in the school crossing zone.
(Ordinance O-09-018, sec. 2, adopted 11/19/09)
Section 25-101 does not apply to:
(1) 
An operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or
(2) 
An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device.
(Ordinance O-09-018, sec. 2, adopted 11/19/09)
Any person violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding two hundred dollars ($200.00).
(Ordinance O-09-018, sec. 2, adopted 11/19/09)