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:
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.
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)