Chapter 9 Traffic Regulations

No person shall place, maintain, or display upon or in view of any highway, street, or alley any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal.

No person shall place or maintain nor shall any public authority permit upon any highway, street, or alley any traffic sign or signal bearing thereon any commercial advertising.

This section shall not be deemed to prohibit the erection upon private property adjacent to highways, streets, or alleys of signs giving useful directional information and of a type that cannot be mistaken for official signs.

Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the chief of police is hereby empowered to remove the same or cause it to be moved without notice.

Tampering with traffic control devices.

No person shall without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device, sign, or signal or any railroad sign or signal or any inscription, shield, or insignia thereof, or any street name sign or any part thereof.

Installation of traffic control devices.

The city council of the City of Sachse shall, by ordinance, direct that the city manager shall have the duty of erecting or installing upon, over, along, or beside any highway, street, or alley, signs, signals, and markings, or cause the same to be erected, installed, or placed in accordance with this section and consistent with the manual. Said traffic control devices shall be installed immediately or as soon as such specific device, sign, or signal can be procured.

Whenever the city manager has erected and installed any official traffic control device, signal or sign at any location in the City of Sachse, or has caused the same to be done under his direction, in obedience to this section, the manual, or another ordinance directing the erection of such device, sign or signal, he shall thereafter file a report with the city secretary in writing and signed officially by the city manager, stating the type of traffic control device, sign or signal and when and where the same was erected or installed. The city secretary shall file and maintain such report of the city manager among the official papers in the office of the city secretary.

Prima facie evidence of proper installation.

It being unlawful for any person other than the city manager, acting pursuant to an ordinance of the city, to install or cause to be installed any signal, sign, or device purporting to direct the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles, or animals, proof, in any prosecution for a violation of this section or any traffic ordinance of the City of Sachse, that any traffic control device, sign, signal, or marking was actually in place on any street shall constitute prima facie evidence that the same was installed by the city manager pursuant to the authority of this section and of the ordinance directing the installation of such device, signal, or marking.

(Ordinance 603 adopted 8/8/87)

§ 9-3 Arrest procedures.

Information to be taken by arresting officer; release of violator on notice to appear; distribution of copies of notice.

Whenever any person is arrested for violating any provision relating to motor vehicle violations, except as otherwise provided in this section, the arresting officer shall take the violator’s name, address, make of car and the registration or license number of the motor vehicle involved, and issue to such violator, in writing on a form to be provided by the city, a notice to answer to the charge against him within not more than ten days, during the hours and at the place specified in the notice. The officer shall thereupon have the violator give his written promise to answer as specified in the notice, and upon securing such written promise shall release such violator from custody. The arresting officer shall retain one copy of such notice to be furnished to the state and one copy to be delivered to the court clerk, and the third copy shall be provided to the arrested party.

Editor’s note–The disposition of copies of notice was revised as reflected above with the adoption of this Code of Ordinances.

Failure to answer charges of traffic violation.

In the event that any person charged with a traffic violation shall fail to appear at the time designated in the notice provided for in subsection A, the chief of police shall proceed as in all other criminal cases, and upon the filing of a complaint, to arrest such violator and bring him before the city court.

Any person who violates his written promise to appear, given to an officer upon an arrest for any traffic violation, is guilty of contempt of court, regardless of the disposition of the charge on which he was originally arrested.

Any driver or owner of a motor vehicle who willfully neglects to answer to the charges set forth in a notice affixed to such motor vehicle by a police officer is guilty of the charge for which the notice was originally issued.

Giving false name or address upon arrest for traffic violation.

No person, upon being arrested by a police officer of the city for a violation of this chapter, shall give such arresting officer, as his name, any other name than his true and correct name.

No person, upon being arrested by a police officer of the city for a violation of this chapter shall give such arresting officer, as his address, any other address than his true and correct address.

Fines; designation of amounts to be paid.

The judges of the city court shall designate the fines to be paid for the first, second and third offenses, which may be satisfied by payment of the same at the traffic violations bureau.

Fines; method of payment.

Any person who has received any notice to appear in answer to a traffic charge under this chapter may, within the time specified in the notice, appear at the municipal court and answer the charge set forth in such notice by paying a prescribed fine and, in writing, pleading guilty to the charge, waiving a hearing in court and giving power of attorney to the person in charge of the bureau to make such a plea and pay such fine in court.

Disposition of fines collected.

All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be paid into the city treasury and deposited in the general fund of the city.

Authority to impound vehicles.

In the event any property of any description, motor vehicle, vehicle, horse or any obstruction shall be found existing, standing, parked, ranked, erected or lying in or upon any part of any public street, alley or other public place within the city in violation of this chapter or any other ordinance of the city now or hereafter placed in effect, the same shall be a nuisance per se, or in the event that the owner or operator thereof is placed under arrest and the vehicle left unattended, the same may be removed and impounded by the chief of police, or any peace officer, at his discretion in such place as the chief of police may select and kept there until redeemed by its owner or his authorized agent, who shall pay all costs of removal and storage that may have accrued thereon, and such payment of removal and storage shall be cumulative of all fines that may be assessed by the city and shall be paid directly to the person removing and storing the same.

(Ordinance 268 adopted 3/24/80)

§ 9-4 Speed limits.

Generally.

It shall be unlawful for any person to ride, drive or operate a vehicle on any street or alley in the city limits of the City of Sachse at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering a highway in compliance with legal requirements and it shall be the duty of all persons to use due care.

If any person shall operate or drive any motor vehicle within the corporate limits of the City of Sachse on any street at a greater speed than 30 miles per hour, or in any alley or park at a greater speed than ten miles per hour, it shall be prima facie evidence of violation of this section, unless signs are erected designating another speed limit.

Whenever the city shall determine upon the basis of an engineering and/or traffic investigation that the 30 miles per hour speed limit is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of the street or highway, the city shall, upon authorization by the city council by appropriate ordinance, establish such speed limit as shall be effective at all times when appropriate signs giving notice thereof are erected at such intersections or other place or part of the street or highway.

No person shall drive a motor vehicle at such slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with law, or at the direction of a police officer. Police officers are hereby authorized to enforce this provision by direction to drivers and, in the event of apparent, willful disobedience to this provision and refusal to comply with the direction of an officer in accordance herewith, the continued slow operation of a motor vehicle by a driver shall be a misdemeanor.

Special speed zones.

Pursuant to subsection A(3) above, the following streets, or portions thereof, are designated as special speed zones. A person commits an offense if he or she drives a vehicle in a special speed zone at a speed greater than is reasonable and prudent under the circumstances then existing. Except when a special hazard exists that requires lower speeds for compliance with the preceding sentence, the limits specified in this subsection shall be lawful, but any speed in excess of the limits specified in this subsection shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:

Sachse Road:

Eastbound from State Highway 78 to the intersection with Fifth Street to be 30 MPH.

Westbound from intersection with Fifth Street to State Highway 78 to the to be 30 MPH.

Eastbound from intersection with Fifth Street to Miles Road to be 40 MPH.

Westbound from Miles Road to intersection with Fifth Street to be 40 MPH.

Eastbound from Miles Road to eastern city limit to be 40 MPH.

Westbound from eastern city limit to Miles Road to be 40 MPH.

State Highway No. 78:

No motor vehicle shall be operated along and upon S.H. No. 78 within the corporate limits of the City of Sachse in excess of 45 miles per hour.

Murphy Road:

Southbound from Blackburn Road to S.H. 78 to be 40 MPH except areas designated during certain hours as a school zone.

Northbound from State Highway 78 to north city limits to be 40 MPH except areas designated during certain hours as a school zone.

Blackburn Road:

Eastbound from Murphy Road to Third Street to be 35 MPH

Westbound from Third Street to Murphy Road to be 35 MPH

Pleasant Valley Road:

Eastbound from west city limits to east city limits to be 30 MPH

Westbound from east city limits to west city limits to be 30 MPH

Bunker Hill Road:

Southbound from S.H. 78 to Miles Road to be 40 MPH

Northbound from Miles Road to S.H. 78 to be 40 MPH

Ben Davis Road:

Southbound from S.H. 78 south city limits to be 35 MPH, except areas designated during certain hours as a school zone

Northbound from south city limits to S.H. 78 to be 35 MPH, except areas designated during certain hours as a school zone

(8)

Merritt Road:

Southbound from Sachse Road to south city limits to be 40 MPH

Northbound from south city limits to Sachse Road to be 40 MPH

(9)

Miles Road:

Southbound from Sachse Road to south city limits to be 45 MPH except areas designated during certain hours as a school zone.

Northbound from south city limits to Sachse Road to be 45 MPH except areas designated during certain hours as a school zone.

(10)

Third Street:

Eastbound from Blackburn Road to DeWitt Road to be 35 MPH

Westbound from DeWitt Road to Blackburn Road to be 35 MPH

(11)

Hudson Drive:

Eastbound from Miles Road for a distance of approximately 1,760 feet east to be 30 MPH

Westbound from approximately 1,760 feet east of Miles Road to Miles Road to be 30 MPH

(12)

Creek Crossing Lane:

The portion of Creek Crossing Lane from the intersection with Bailey Road to a point 150 linear feet east of the centerline of Royal Oaks Estates Drive to be 20 MPH.

(13)

Fifth Street:

Northbound from State Highway 78 to Dewitt Road to be 40 MPH

Southbound from Dewitt Road to State Highway 78 to be 40 MPH

(14)

Dewitt Road:

Northbound from 5th Street to Ranch Road to be 40 MPH

Southbound from Ranch Road to 5th Street to be 40 MPH

(15)

Maxwell Creek Road:

Northbound from Ranch Road to the north city limit to be 40 MPH

Southbound from the north city limit to Ranch Road to be 40 MPH

(16)

Woodbridge Parkway:

Northbound from State Highway 78 to the north City Limit to be 35 MPH

Southbound from the north city limit to State Highway 78 to be 35 MPH

(17)

Ranch Road:

Eastbound from Maxwell Creek Road to State Highway 78 to be 40 MPH

Westbound from the State Highway 78 to Maxwell Creek Road to be 40 MPH

School zones.

Authority of city council.

The city council may establish school traffic zones on any street or highway or any portion of any street or highway within the corporate limits of the city.

Prima facie maximum speed.

When any school traffic zone has been established, it shall be unlawful for any person to operate a motor vehicle or any other vehicle in such zone at a speed greater than the posted speed. The prima facie maximum speed limit for operation of motor vehicles in school zones as defined herein shall be 20 miles per hour, any speed in excess thereof shall be prima facie evidence that such speed is not reasonable or prudent and that it is unlawful. The traffic engineer shall post or cause to be posted the appropriate street markings and/or warning signs as provided in this section.

Designated streets.

The following designated locations, measured from centerline of roadway to centerline of roadway, and areas are declared to be school zones and the maximum speed limit for all motor vehicles operated within such areas and locations and on such streets on school days shall be 20 miles per hour, when either a flashing warning signal is in operation, or when appropriate signs are in place with the effective time periods posted. The designated locations shall be as follows:

The portion of Creek Crossing Lane, both eastbound and westbound, that falls within the area from 200 feet east of its intersection with Woodbridge Parkway to a point 200 feet west of the most western driveway of the Cheri Cox Elementary School.

The portion of Miles Road, both northbound and southbound, that falls within the area 2,395 feet north and 588 feet south of the intersection of Miles Road and Hudson Drive.

The portion of Ben Davis Road, both northbound and southbound, that falls within the area 295 feet north of the intersection of Highridge Drive and Ben Davis Road then northbound and southbound to the intersection of Ben Davis Road and Bunker Hill Road, to include the Ben Davis Road extension.

The portion of Woodbridge Parkway, both north and southbound that falls within the area 200 feet south of Creek Crossing to 200 feet north of Club House Drive.

The portion of Bradford Estates Drive, both northbound and southbound, that falls within the area from its intersection with Creek Crossing Lane to a point 200 feet south of the intersection.

(f)

The portion of Magnolia Estates Court, both northbound and southbound, that falls within the area from its intersection with Creek Crossing Lane to a point 200 feet south of that intersection.

(g)

The portion of Ranch Road, both eastbound and westbound, that falls within the area from 300 feet west of Woodcreek Way to a point 1,020 feet east of Woodcreek Way.

(h)

The portion of Woodcreek Way, both northbound and southbound, that falls within the area from Ridge Glen Drive to Ranch Road.

The portion of Hudson Drive, both eastbound and westbound, that falls within the area from a point 1,760 feet east of Miles Road to the intersection with Miles Road.

(j)

The portion of Canyon Crest Drive, both eastbound and westbound, that falls within the area from a point 500 feet west of Woodcreek Way to a point 600 feet east of Woodcreek Way.

(k)

The portion of Park Hill Trail, both northbound and southbound, that falls within the area from its intersection with Creek Crossing to a point 150 feet north of that intersection.

(Ordinance 300 adopted 10/26/81; Ordinance 472 adopted 3/3/86; Ordinance 483 adopted 5/19/86; Ordinance 505 adopted 9/22/86; Ordinance 845 adopted 12/18/89; Ordinance 865 adopted 12/18/89; Ordinance 1038, secs. I, II, adopted 9/9/92; Ordinance 1084 adopted 4/19/93; Ordinance 1271 adopted 6/5/95; Ordinance 1358 adopted 5/6/96; Ordinance 1569 adopted 4/6/98; Ordinance 1953, secs. 1, 2, adopted 8/5/02; Ordinance 2077, sec. 1, adopted 5/3/04; Ordinance 2563, sec. 1, adopted 2/5/07; Ordinance 3071, sec. 1, adopted 8/4/08; Ordinance 3210, sec. 1, adopted 5/3/10; Ordinance 3288, sec. 1, adopted 4/18/11; Ordinance 3334, sec. 1, adopted 11/7/11; Ordinance 3408, sec. 1, adopted 8/6/12; Ordinance 3536, sec. 1, adopted 10/7/13; Ordinance 3625, sec. 1, adopted 11/3/14; Ordinance 3708, sec. 1, adopted 1/4/16; Ordinance 3709, sec. 1, adopted 1/4/16; Ordinance 3710, sec. 1, adopted 1/4/16; Ordinance 3737, sec. 1, adopted 5/16/16; Ordinance 3808, sec. 1, adopted 8/7/17; Ordinance 3855, sec. 1, adopted 2/19/18; Ordinance 4029 adopted 9/7/21; Ordinance 4111 adopted 8/7/2023)

§ 9-5 Temporary speed limits.

In the event of construction on any street or highway, the city engineer is authorized to conduct an engineering and traffic investigation to determine if the maximum lawful prima facie speed limit established by this chapter should be temporarily reduced in order to preserve and protect the public safety. If the city engineer determines that such speed limit should be reduced, he shall enter a written finding and order to that effect and, upon approval of that order in writing by the city manager or his designated representative, temporary official traffic-control devices shall be erected in proper position and sufficiently legible to be seen by an ordinarily observant person prior to any enforcement action against an alleged violator. The finding and order of the city engineer and city manager or his designated representative shall estimate the length of time for which such temporary speed limit shall be in effect and, if necessary, an additional order in writing shall be entered in the event it is necessary to extend such time. No such temporary speed limit shall be effective longer than is provided in such written order, nor in any event longer than is necessary to complete the construction for which the speed limit was ordered. A certified copy of the order shall be admissible in evidence in municipal court to establish the authority of such temporary speed limit, and it is hereby determined and declared that any such temporary speed limit found and ordered in accordance with this section shall be the speed which is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, and any violation of such temporary speed limit shall be considered a violation of this Code of Ordinances.

(Ordinance 3115, sec. 1, adopted 3/2/09)

§ 9-6 Parking.

Truck parking.

Unlawful.

It shall be unlawful for any person or any owner to leave, park, or stand any truck-tractor, road tractor, semi-trailer, pole trailer, bus, truck, or trailer (of any length or purpose), or towable or motorized recreational vehicle, upon any public street, public on-street parking, or highway within any area zoned as either single-family dwelling district, duplex district, multiple-family district, commercial district, industrial district, PGBT, or Old Town, according to the zoning ordinance of the city.

Exceptions.

This section shall not prevent the parking or standing of the above- described vehicles in said zoned areas for the purpose of expeditiously loading and unloading passengers, freight, or merchandise, but not otherwise, and provided, however, that not more than one truck-tractor or semi-trailer cab may be parked upon a residential lot in said zoned districts.

Towable or motorized recreational vehicles.

These vehicles may be parked on a public street for the purpose of loading or unloading for a period not to exceed twenty-four (24) hours and shall be parked directly in front of the residence or location pertaining to the loading or unloading to be performed.

Temporary parking variance permit.

The chief of police or designee may grant a temporary parking permit, not to exceed seven (7) consecutive days, to the owner of a trailer or towable or motorized recreational vehicle for the purpose of work to be performed at the location, to visit from out of town, or other such purpose as deemed appropriate by the chief of police or designee.

A person requesting a parking variance permit shall complete and submit the appropriate variance request form to the police department at least three (3) business days prior to the beginning date of the requested variance.

Any vehicle permitted under this section shall have the permit prominently affixed and displayed such that it is visible from the street.

(iii)

Any vehicle parked as permitted by this section shall be parked directly in front of the residence or location pertaining to the permitted vehicle in such a manner as not to obstruct access to the private driveways, mail boxes, or alleys of neighboring residents.

(iv)

Under no circumstances shall a permit be granted if, in the sole determination of the chief of police or designee, the request may result in a traffic hazard or may impede access of emergency or other vehicles.

No parking areas.

Certain areas or portions of the public streets described in this section have been, are hereby and shall hereafter be set apart, marked and designated as no parking for all vehicles owned by or operated by any person within said areas or portions of said public streets. The parking of any vehicle within any space within the designated area which is or shall be marked “no parking” shall be prohibited on each and every day of the year between the hours of 12:01 a.m. and 12:00 midnight, unless another time is specified in this section.

Violation.

It shall be unlawful and a violation of the provisions of this division for any person to cause, allow, permit or suffer any vehicle operated by such person to be parked within the area herein designated as “No Parking.”

Areas designated.

The area of the public streets of the city within which certain areas or spaces shall be marked or designated as “No Parking” shall and does hereby include:

Ben Davis Road.

The west side of Ben Davis Road from Old Ben Davis Road to Highridge Drive.

The east side of Ben Davis Road from Highridge Drive to a point 385 feet south of Highridge Drive.

Brookhollow Drive.

The south side of Brookhollow Drive from a point 130 feet south of Brookhollow Court to a point 120 feet east of Alexander Street.

Brookview Drive.

The east side of Brookview Drive from a point 120 feet south of Brookhollow Drive to a point 150 feet south of Brookhollow Drive.

Hudson Drive.

The north side of Hudson Drive from Miles Road to a point 295 feet east of Miles Road.

The north side of Hudson Drive from Miles Road to Mitchell Court.

(iii)

Both sides of Hudson Drive from a point 550 feet east of Miles Road to a point 605 feet east of Miles Road.

(iv)

The north side of Hudson Drive from a point 900 feet east of Miles Road to a point 970 feet east of Miles Road.

(v)

The south side of Miles Road to a point 255 feet west of Miles Road.

Jewel Street.

The south side of Jewel Street along its entire length in the city.

(f)

Salmon Street.

Both sides of Salmon Street from Sachse Road to the alley between Sachse Road and 6th Street.

The west side from the alley between Lillie Street and 7th Street to a point 30 feet south of said alley.

(g)

Seventh Street.

The north side of 7th Street from Jewel Street to a point 55 feet east of Jewel Street.

The west side of 7th Street from Jewel Street to a point 90 feet south of Jewel Street.

(h)

Ridgebluff Lane.

Both sides of Ridgebluff Lane from Ranch Road to the alley between Ranch Road and Paddock Trail.

Clearmeadow Lane.

Both sides of Clearmeadow Lane from Ranch Road to the alley between Ranch Road and Meadowview Lane.

(j)

Cody Lane.

The southeast side of Cody Lane from a point 450 feet northeast of Ranch Road to a point 1125 feet northeast of Ranch Road.

The northwest side of Cody Lane from a point 200 feet south of Canyon Crest Drive to a point 200 feet north of Canyon Crest Drive.

It shall be unlawful and an offense for any person to leave, stand, or park any motor vehicle along either curb of the 4300 and 4400 blocks of Haverhill Lane, Briarcrest Lane, and Hunter’s Ridge Drive, for longer than two hours, between the hours 7:00 a.m. and 3:00 p.m. on school days.

It shall be unlawful and an offense for any person to stop, stand, leave, or park any motor vehicle along any curb of Miles Road from Koawood Avenue to Hudson Drive.

It shall be unlawful for any person to stop, stand, leave, or park any motor vehicle along any curb along Woodcreek Way from a distance of 40 feet (40') south of Meadow Bluff Lane and Meadow Bluff Court, and along Woodcreek Way from a distance of 100 feet (100') south of Meadow Wood Court.

It shall be unlawful for any person to stop, stand, leave, or park any motor vehicle along any curb along Concord Drive from a distance of 40 feet (40') northeast of the intersection with Bunker Hill Road.

It shall be unlawful for any person to stop, stand, leave, or park any motor vehicle along the eastern (right) curb along Concord Drive from a distance of 50 feet (50') northeast of the intersection with Remington Court.

(8)

It shall be unlawful for any person to stop, stand, leave, or park any motor vehicle from the hours of 7:30 a.m. to 4:30 p.m. on official school days, along the northern (right) curb along Hudson Drive beginning at the intersection of Miles Road and extending 840 feet (840') to the east.

It shall be unlawful for any person to stop, stand, leave, or park any motor vehicle from the hours of 7:30 a.m. to 4:30 p.m. on official school days, along the southern (right) curb along Hudson Drive beginning at a distance of 250 feet (250') from the intersection of Miles Road and extending 500 feet (500') to the east.

Parking for disabled persons.

Designation of parking spaces by owner.

The city council or a person who owns or controls property within the city, used for parking, may designate one or more parking spaces or a parking area for the exclusive use of vehicles transporting persons temporarily or permanently disabled by reason of mobility problems that substantially impair the person’s ability to ambulate, or who are legally blind. The city council or person who owns or controls property within the city used for parking, that designates parking spaces for disabled persons shall erect vertical signs that substantially conform to the design established and approved or which may hereinafter be established and approved by the state department of highways and public transportation.

Vehicles using space reserved for disabled must be marked.

Any vehicle displaying a symbol, tab, or other device authorized by the state department of highways and public transportation attached to the license plate or in which a disabled identification card issued by the state department of highways and public transportation is placed on the lower left-hand side of the front windshield of said vehicle, when operated by or for the transportation of a disabled person, shall be allowed to park for unlimited periods in any parking space or parking area designated specifically for the physically handicapped. A vehicle properly displaying the above symbol, tab, device attached to the license plate or identification card is exempt from the payment of any penalties imposed by city ordinances which regulate parking in spaces which have a limit on the length of time allowed for parking. However, to qualify for this exemption the vehicle must be parked at the time by or for the transportation of a handicapped person. This exemption does not apply to fees or penalties imposed by a branch of the United States Government. This subsection does not permit parking a vehicle at a place or time that parking is prohibited.

§ 9-7 Abandoned and junked motor vehicles.

Specific offenses.

A person commits an offense if the person is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled person identification card in any parking space or parking area designated specifically for the disabled. A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled. A person commits an offense if the person parks a vehicle so that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled. A person commits an offense if he lends an identification card issued to him under Article 6675a-5e-1 Texas Revised Civil Statutes, as amended, to a person who used the identification card in violation of this subsection. An offense under this section is punishable by a fine of not more than $500.00.

Parking of vehicles for sale prohibited.

It shall be unlawful and an offense for any person to stand or park a vehicle on any public street, shopping center, parking lot, playground, athletic field, vacant lot or public or private school for the principal purpose of displaying it for sale.

(Ordinance 300 adopted 10/26/81; Ordinance 709 adopted 9/19/88; Ordinance 1473 adopted 5/5/97; Ordinance 3040, sec. 1, adopted 3/17/08; Ordinance 3040, sec. 1, adopted 3/17/08; Ordinance 3154, sec. 1, adopted 8/3/09; Ordinance 3281, sec. 1, adopted 3/7/11; Ordinance 3633, sec. 1, adopted 12/1/14; Ordinance 3703, sec. 1, adopted 11/16/15; Ordinance 3779, sec. 1, adopted 2/6/17; Ordinance 3948 adopted 10/21/19; Ordinance 3994 adopted 10/5/20; Ordinance 4006 adopted 2/1/21; Ordinance 4047 adopted 1/18/22; Ordinance O-2024-03 adopted 2/5/2024; Ordinance O-2026-07 adopted 4/20/2026)

Definitions.

For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

Abandoned motor vehicle.

A motor vehicle that:

Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours; or

Has remained illegally on public property for more than 48 hours; or

Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours; or

Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours; or

Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority Division of the Texas Department of Transportation or a controlled access highway; or

Is considered an abandoned motor vehicle under V.T.C.A., Transportation Code sec. 644.153(r).

Antique vehicle.

A passenger car or truck that is at least 25 years old.

Inoperable.

Means not capable of being used or operated due to legal or mechanical incapability.

Junked vehicle.

A vehicle that is self-propelled and:

Displays an expired/invalid motor vehicle registration certificate, or does not display a motor vehicle registration;

Is:

Wrecked, dismantled, or partially dismantled, or discarded; or

Inoperable and has remained inoperable for more than:

Seventy-two consecutive hours, if the vehicle is on public property; or

Thirty consecutive days, if the vehicle is on private property.

Motor vehicle.

A vehicle that is subject to registration under V.T.C.A., Transportation Code Ch. 501, as amended or superseded.

Motor vehicle collector.

A person who:

Owns one or more antique or special interest vehicles; and

Special interest vehicle.

Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.

Outboard motor.

An outboard motor subject to registration under V.T.C.A., Parks and Wildlife Code Ch. 31, as amended or superseded.

A motor vehicle of any age that has not been changed from original manufacturer’s specifications and, because of its historic interest, is being preserved by a hobbyist.

Watercraft.

A vessel subject to registration under V.T.C.A., Parks and Wildlife Code Ch. 31, as amended or superseded.

Public nuisance.

A junked vehicle, including a part of a junked vehicle that is visible at any time of the year from a public place or public right-of-way:

Is detrimental to the safety and welfare of the public;

Tends to reduce the value of private property;

Invites vandalism;

Creates a fire hazard;

Is an attractive nuisance creating a hazard to the health and safety of minors;

Produces urban blight adverse to the maintenance and continuing development of the city; and

Is a public nuisance.

Offense.

A person commits an offense if the person maintains a public nuisance described by subsection B. of this section.

An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00.

Procedure for disposition of junked vehicle.

The procedure for the abatement and removal of a junked vehicle thereof as a public nuisance from private property, public property, or public right-of-way shall be as follows:

Notice.

After a determination is made by the city manager or his/her designee, or other appropriate city employee (each such person being a regularly salaried, full time employee of the city) that a particular vehicle is a junked vehicle, or after an order is issued by the municipal court pursuant to subsections D.(2) and D.(3) of this section, there shall be provided not less than ten days’ notice of the nature of the nuisance.

Such notice must be personally delivered or sent by certified mail with a five-day return requested to:

The last known registered owner of the nuisance;

Each lienholder of record of the nuisance; and

iii.

The owner or occupant of:

The property on which the nuisance is located; or

If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.

If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.

The notice must state that:

The nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed;

Any request for a hearing must be made before that ten-day period expires;

iii.

If the vehicle is not removed and abated within the said ten-day period, a public hearing will be held on the abatement and removal (which hearing, if requested by a person for whom notice is required under subsection (1)(a)iii. shall not be earlier than the 11th day after the date of the service of the notice); and

iv.

The date, time and place of the hearing (if known at the time the notice is sent).

Hearing.

If the junked vehicle is not removed and abated within the prescribed time period, the municipal court judge of the city shall hold a public hearing on the abatement and removal of the junked vehicle. At the hearing, the municipal court judge shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance. The hearing may be continued from time to time.

At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

Following the hearing, the municipal court judge shall consider all evidence and determine whether the vehicle or any part thereof, constitutes a public nuisance as alleged. If the municipal court judge finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, and that the notice requirements provided in this article have been met, the municipal court judge shall make a written order setting forth the judge’s findings and ordering that the nuisance be abated.

If the information is available at the location of the nuisance, the order requiring removal of the nuisance must include the vehicle’s:

Description;

Vehicle identification number; and

iii.

License plate number.

In addition, the order must state that the vehicle will be disposed of in accordance with the Texas Transportation Code.

The relocation of a junked vehicle that is a public nuisance to another location within the corporate limits of the city after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.

Abatement of nuisance.

In the event the municipal court judge orders abatement of the nuisance, the city or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle.

Not later than the fifth day after the date of the removal, notice identifying the vehicle or part of the vehicle must be given to the Texas Department of Transportation.

Junked vehicles need not to be reconstructed or made operable after removal.

After any junked vehicle has been removed under the authority of this article, it shall not be reconstructed or made operable again.

Disposal of junked vehicles.

Any junked vehicle taken into custody by the city, or any duly authorized person pursuant to this article, shall be disposed of in accordance with application provisions of V.T.C.A., Transportation Code Ch. 683, as amended or superseded.

Application.

The provisions of this article shall not apply to a vehicle or vehicle part that is:

Completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or

Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector’s property, if the vehicle or part and the outdoor storage area, if any, are:

Maintained in an orderly manner;

Not a health hazard; and

Screened from ordinary public view by appropriate means, including a fence. For purposes hereof, a car cover is not an appropriate means to screen a vehicle or vehicle part.

Enforcement.

The city manager or his/her designee is authorized to enforce this section. Such employee may issue a warning or a citation before issuing a notice.

Upon conviction on a citation issued under this section, the municipal court judge shall order that the vehicle be abated and removed within a prescribed period of time, subject to the terms and provisions of this section.

The enforcement remedies authorized under this section shall not be deemed exclusive, and the city reserves the right to seek any enforcement remedy available at law, in equity, or otherwise. The failure of the city to seek enforcement of this section by any means provided for hereunder shall not foreclose the enforcement of this section by any other means.

Taking into custody.

The police department of the city may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property. The police department may use its own personnel, equipment, and facilities or contract for other personnel, equipment, and facilities, to remove, preserve, store, send notice regarding, and dispose of an abandoned motor vehicle, watercraft or outboard motor it takes into custody.

Notice.

The police department shall send notice of abandonment of a vehicle, watercraft, or outboard motor taken into custody to:

The last known registered owner of each motor vehicle, watercraft, or outboard motor (i) taken into custody by the police department, or (ii) for which a report is received pursuant to V.T.C.A., Transportation Code sec. 683.031, as amended or superseded; and

Each lienholder recorded under V.T.C.A, Transportation Code Ch. 501 (as amended or superseded) for the motor vehicle or under V.T.C.A., Parks and Wildlife Code Ch. 31, (as amended or superseded), for the watercraft or outboard motor.

Contents of notice.

The notice under subsection J. must:

Be sent by certified mail not later than the tenth day after the date the police department:

Takes the abandoned motor vehicle, watercraft, or outboard motor into custody; or

Receives the garagekeeper’s report under V.T.C.A., Transportation Code sec. 683.031;

Specify the year, make, model, and identification number of the abandoned motor vehicle, watercraft, or outboard motor;

Give the location of the facility where the abandoned motor vehicle, watercraft, or outboard motor is being held;

Inform the owner and lienholder of the right to claim the abandoned motor vehicle, watercraft, or outboard motor not later than the 20th day after the date of the notice on payment of:

Towing, preservation, and storage charges; or

Garagekeeper’s charges and fees under V.T.C.A., Transportation Code sec. 683.032, and if the vehicle is a commercial motor vehicle impounded under V.T.C.A., Transportation Code sec. 644.153(q) (as amended or superseded), the delinquent administrative penalties and costs; and

State that failure of the owner or lienholder to claim the abandoned motor vehicle, watercraft, or outboard motor during the period specified by subsection K.(4) is:

A waiver by that person of all right, title, and interest in the item; and

Consent to the sale of the item at a public auction.

Notice by publication.

Notice by publication in one newspaper of general circulation in the city is sufficient notice under this section if:

The identity of the last registered owner cannot be determined;

The registration has no address for the owner; or

The determination with reasonable certainty of the identity and address of all lienholders is impossible.

Notice by publication (i) must be published in the same period that is required by subsection K. for notice by certified mail and contain all of the information required by that subsection, and (ii) may contain a list of more than one abandoned motor vehicle, watercraft, or outboard motor.

Storage fees.

The police department or the agent of the police department that takes into custody an abandoned motor vehicle, watercraft, or outboard motor is entitled to reasonable storage fees:

For not more than ten days, beginning on the day the item is taken into custody and ending on the day the required notice is mailed; and

Beginning on the day after the day the police department mails notice and ending on the day accrued charges are paid and the vehicle, watercraft, or outboard motor is removed.

Auction or use of abandoned items; waiver of rights.

If an abandoned motor vehicle, watercraft, or outboard motor is not claimed after providing the required notice as set forth in this section:

The owner or lienholder:

Waives all rights and interests in the item; and

Consents to the sale of the item by public auction or the transfer of the item, if a watercraft, as provided in V.T.C.A., Transportation Code sec. 683.014(d) (as amended or superseded); and

The police department may sell the item at a public auction, transfer the item, if a watercraft, as provided in V.T.C.A., Transportation Code sec. 683.014(d) (as amended or superseded), or use the item as provided by subsection O. of this article.

Proper notice of the auction shall be given. A garagekeeper who has a garagekeeper’s lien shall be notified of the time and place of the auction.

The purchase of an abandoned motor vehicle, watercraft, or outboard motor:

Takes title free and clear of all liens and claims of ownership;

Shall receive a sales receipt from the police department; and

Is entitled to register the motor vehicle, watercraft, or outboard motor and receive a certificate of title.

Auction proceeds.

The police department is entitled to reimbursement from the proceeds of sale of an abandoned motor vehicle, watercraft, or outboard motor for:

The cost of the auction;

Towing, preservation, and storage fees resulting from the taking into custody; and

The cost of notice or publication as required by subsections I., J., and L. of this section.

After deducting the reimbursement allowed under subsection (1) of this section, the proceeds of the sale shall be held for 90 days for the owner or lienholder of the item.

After the 90-day period provided in subsection (2) of this section, proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other vehicles, watercraft, or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees.

The city may transfer funds in excess of $1,000.00 from the account described in subsection (3) of this section to the city’s general revenue account to be used by the police department.

Police department use of certain abandoned motor vehicles.

The police department may use an abandoned motor vehicle, watercraft, or outboard motor for department purposes if the item is not claimed as provided for in this article.

If the police department discontinues the use of an abandoned motor vehicle, watercraft, or outboard motor, the department shall auction the item.

This section does not apply to a vehicle on which there is a garagekeeper’s lien.

Disposal of vehicle abandoned in storage facility.

The police department shall take into custody an abandoned vehicle left in a storage facility (as described in V.T.C.A., Transportation Code sec. 683.031, as amended or superseded) that has not been claimed in the period provided by notice required under subsections I. and J. of this section.

The police department may use such a vehicle as authorized by subsection P. or sell the vehicle at auction as provided by subsection N. If the vehicle is sold, the proceeds of the sale shall first be applied to garagekeeper’s charges for providing notice regarding the vehicle and for service, towing, impoundment, storage, and repair of the vehicle.

As compensation for expenses incurred in taking the vehicle into custody and selling it, the police department shall retain:

Two percent of the gross proceeds of the sale of the vehicle; or

All the proceeds if the gross proceeds of the sale are less than $10.00.

Surplus proceeds from the sale shall be distributed as provided by subsection N. of this section.

§ 9-8 Truck routes and vehicle weights.

If the police department does not take the vehicle into custody before the 31st day after the date the vehicle was reported abandoned under V.T.C.A., Transportation Code sec. 683.031 (as amended or superseded), the police department may not take the vehicle into custody, and the storage facility may dispose of the vehicle as set forth in V.T.C.A., Transportation Code sec. 683.034(e) (as amended or superseded).

Demolition of abandoned motor vehicles.

The procedures for handling the demolition of an abandoned motor vehicle shall be in accordance with V.T.C.A., Transportation Code Ch. 683, Subch. D, as amended or superseded.

(Ordinance 126 adopted 11/9/71; Ordinance 3789, sec. 1, adopted 4/3/17)

Operation of truck in residential area.

No tractor or truck-tractor combination shall be operated on any predominantly residential street between the hours of 9:30 p.m. to 6:30 a.m.

Truck routes established.

Every U.S. and state highway and the following streets within the city are hereby designated as truck routes under the terms of this section and limited to the following maximum city designated gross weights:

(1) U.S. Highways	No maximum weight limits
(2) State Highways	No maximum weight limits
(3) Park Lane	No maximum weight limits
(4) Industrial Drive	No maximum weight limits
(5) Murphy Road	60,000 lbs. maximum weight limit
(6) Merritt Road from Pleasant Valley to South City Limits	No maximum weight limits
(7) Pleasant Valley Road	No maximum weight limits
(8) Miles Road from Bunker Hill to South City Limits	No maximum weight limits

Specified load-limited streets.

It shall be unlawful to operate any motor vehicles with a gross weight in excess of 15,000 pounds upon the following streets:

Williford Road.

DeWitt Road.

Bailey Road.

Specified load-limited bridges.

It shall be unlawful for any vehicle with a registered weight in excess of 80,000 pounds to traverse and cross, or travel upon:

Sachse Road Bridge, 5900 Block of Sachse Road, crossing Longbranch Creek.

General maximum vehicle local load limit.

Except where specifically provided in this section, the maximum vehicle load limit on any street of the city, other than those streets designated as U.S. and state highways and city designated truck routes, shall not exceed a single axle load of 12,000 pounds, a tandem axle load of 36,000 pounds, and a gross vehicle weight of 48,000 pounds.

Exceptions.

The provisions and/or restrictions of this section shall not apply to Sachse Road Bridge crossing Longbranch Creek. Ambulance, police, fire and school vehicles may use the bridge at any time. All other vehicles must be under the load limit posted for Sachse Road Bridge (as identified in section D. specified load-limited bridges) or use the designated truck route.

Permitted vehicles.

To owners and/or operators of commercial motor vehicles, truck-tractors, semi-trailers, or any combination thereof, who have secured a permit to drive, operate or move, or cause to be driven, operated or moved, a vehicle pursuant to the permit requirements of this section. In order for this exception to apply, the owner and/or operator of any such “permitted vehicle” shall carry evidence of the secured permit at all times.

Emergency vehicles.

To emergency vehicles operating in response to any emergency call.

Public utility vehicles.

To any city, county and/or state vehicles or vehicles operated by a public utility while cruising in any assigned area for the purpose of inspecting the facilities of a public utility or public improvement and/or providing maintenance or construction service to said public improvements or facilities.

Solid waste transport.

To vehicles used exclusively to transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act (Article 4477-7, V.T.C.S.), which may be operated upon the city streets with a tandem axle gross load not to exceed 44,000 pounds, a single axle gross load not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle gross load in excess of 34,000 pounds, the owner, except if the owner is a municipality, of such vehicle shall first file with the city a surety bond in the principal sum of $15,000.00 for each vehicle; said bond to be conditioned that the owner of such vehicle will pay to the city, within the limit of such bond, all damages done to the city streets by reason of the operation of such vehicle with a tandem axle gross load in excess of 34,000 pounds; such bonds shall be subject to the approval of the city attorney. All bonds shall expire on August 31st of each year.

Ready-mix concrete transport.

To vehicles used exclusively to transport ready-mix concrete, which is hereby defined as a perishable product, which may be operated upon the public streets of this city with a tandem axle load not to exceed 44,000 pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000 pounds, provided that where the vehicle is to be operated with a tandem axle load in excess of 34,000 pounds, the owner of such vehicle shall first file with the city a surety bond in the principal sum as fixed by the city, which sum shall not be set at a greater amount than $15,000.00 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay to the City of Sachse, Texas within the limit of such bond, all damages done to the city streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000 pounds; such bond shall be subject to the approval of the city attorney. All bonds shall expire on August 31st of each year.

Household uses.

To vehicles operated for a limited personal household use such as moving furniture, or like limited uses.

Permit required for overweight or oversized equipment; procedures therefor.

Permit required.

A permit shall be required for the operation and/or movement over any public street of the city, of any commercial motor vehicle, truck-tractor, trailer, semi-trailer, or any combination thereof, when such vehicle cannot comply with one or more of the maximum weight load restrictions set forth in subsection E of this section.

Permit application: Contents.

Application for permit shall be made to the chief of police and shall include the following:

Name of vehicle owner, with business address (if different from vehicle operator).

A descriptive statement of the kind, type and character of the goods and/or materials to be transported.

An affidavit, duly sworn to before an officer authorized to administer oaths, showing the weight of said vehicle, the maximum load to be transported thereon, and the total gross weight for which said vehicle is to be permitted.

A statement specifying destination and time of delivery of goods and/or materials.

Issuance of permit.

The permit issued to the applicant shall show:

The total gross weight for which said vehicle is registered.

The specific route through the city which the vehicle is permitted to traverse.

A descriptive statement of the kind, type and character of the goods and/or materials to be transported.

A specific time period during which operation and/or movement of the vehicle is permitted.

The permit and/or a copy thereof shall be carried at all times in any such vehicle while same is upon the city streets. Any violation of any of the terms and/or conditions of the permit, as issued, shall render the permit void.

The copy of the permit above required shall be admissible in evidence in any cause in which the gross registered weight of such vehicle is an issue, and shall be prima facie evidence of the gross weight for which such vehicle is permitted. Such copy of the permit shall be displayed to any officer authorized to enforce this section, upon request by such officer.

The issuance of a permit for an overweight movement shall not be a guarantee by the city that the streets can safely accommodate such movement, and the owner of any vehicle involved in any overweight movement, whether with or without permit, shall be strictly liable for any damage such movement shall cause the streets or any of its structures or appurtenances.

§ 9-9 Neighborhood electric vehicles and motor assisted scooters.

Permit fees.

It is recognized that the movement of such overweight vehicles is a privilege not accorded to every user of the city streets, and it is logical and proper that the fees to be charged for special transportation will be $100.00.

Weighing loaded vehicles by police officers.

Any police officer having reason to believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized to weigh the same by means of portable or stationary scales furnished or approved by the department of public safety, or cause the same to be weighed by any public weigher, and to require that such vehicle be driven to the nearest available scales for the purpose of weighing. In the event the gross weight of the vehicle exceeds the permitted gross weight, the police officer shall cite the operator/owner of such vehicle for being in violation of the provisions of this section. Provided, however, that if such load consists of livestock or perishable merchandise then such operator or owner shall be permitted to proceed with his vehicle to the nearest practical point in the direction of his/her designation where his/her load may be protected from damage or destruction in the event he/she is required to secure an additional permit before being allowed to proceed. It shall be conclusively presumed and deemed prima facie evidence that where an operator or owner is apprehended and found to be carrying a greater gross load than that for which he/she is permitted, he/she has been carrying similar loads from the date of purchase of such permit.

(Ordinance 798 adopted 6/5/89; Ordinance 1772 adopted 9/5/00; Ordinance 2080, sec. 1, adopted 6/7/04; Ordinance 3408, sec. 1, adopted 8/6/12)

For purposes of this section the terms “neighborhood electric vehicle” and “motor assisted scooter” shall have the same meaning assigned by Transportation Code Section 551.301, as amended.

For purposes of this section the term “helmet” means properly fitted headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets at the time of the manufacturing of the helmet.

It shall be unlawful for any person to operate a neighborhood electric vehicle or motor assisted scooter upon any roadway with a posted speed limit greater than 35 mph. Additionally it shall be unlawful for any person to operate a neighborhood electric vehicle or motor assisted scooter upon the following streets within the City of Sachse:

Bailey Road;

Ben Davis Road;

Blackburn Road;

Club House Drive;

Country Club Drive;

Creek Crossing Drive;

DeWitt Road;

5th Street;

Hooper Road;

Hudson Drive;

Ingram Road;

Maxwell Creek Drive;

Ranch Road;

Rosewood Drive;

Sachse Road;

Salmon Street;

3rd Street;

West Creek Drive; and

(19)

Woodbridge Parkway.

Any person 17 years of age and under shall wear a protective helmet when operating a motor assisted scooter within the city. It is an affirmative defense to prosecution under this section, upon first offense only for not wearing a helmet, that the person owns or has acquired a helmet prior to the court hearing and promises the court that the helmet will be used in the future.

§ 9-10 Use of hand-held mobile telephones in school zones.

A person may not operate a neighborhood electric vehicle or motor assisted scooter after dark within the city.

(Ordinance 2065, sec. 1, adopted 3/1/04)

Definitions.

For purposes of this section, the following definitions shall apply, unless clearly indicated to the contrary.

Engaging in a call

shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.

Hands-free mobile telephone

shall mean a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, or is a part of the motor vehicle, by which the 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 either 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).

Immediate proximity

shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator’s ear.

Mobile telephone

shall mean a device used for wireless telephone service and/or a personal digital assistant for data or telecommunication services other than voice.

Personal digital assistant

shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice.

Wireless telephone service

shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as a cellular service or personal communication service.

Restrictions; exemptions.

Except as otherwise provided herein, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone, as designated pursuant to section 9-4 on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send or read messages or data.

An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of the operator’s ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section.

This subsection shall not apply to:

The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, a physician’s office or health clinic; a public safety department;

Any law enforcement, police officer, emergency services official, first aid, emergency medical technicians and personnel, or any fire safety official in the performance of duties arising out of and in the course of his or her employment as such; or