(a)
Vehicle speed and operation.
It shall be unlawful for
any person to operate or drive any vehicle at a speed greater than
the speed designated or posted, or to overtake or pass any other vehicle,
in any school zone as may be marked or designated within the city
during the hours indicated upon signs erected in such zone, or whenever
children are present in such zones, or when such zones have an alternating
flashing light in operation.
(b)
Hours of enforcement; signs.
As a result of the frequent
changes to elementary and secondary public school start and end times,
the appropriate hours of enforcement for school zone maximum speed
limits shall be set by the city’s public works director. The
maximum speed limits in a school zone shall be set in accordance with
the state department of transportation recommendations, unless set
forth and posted otherwise as determined by the city’s public
works director. The speed limits shall not be effective until signs
giving notice of such regulations are posted upon or at the entrances
to those portions of the street or highway affected as may be most
appropriate in accordance with the Uniform Manual on Traffic Control
Devices, as amended, promulgated by the state department of transportation.
The city public works director or duly authorized representative is
authorized and directed to cause to be erected such appropriate signs.
(c)
Penalty.
Any person, firm, corporation or entity violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum in accordance with the general penalty provided in section 1.01.009. Each continuing day’s violation or separate act under this section shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 2014-11-20 adopted 11/17/14; Ordinance adopting Code)
(a)
Authorization of regulations.
The city council is hereby
authorized and directed to implement the applicable provisions of
this section upon its determination that such implementation is necessary
to protect the public welfare and safety.
(b)
Prohibited devices.
The use of hand-held communication
devices is prohibited in school zones.
(c)
Data communication
Engaging in a call
Hand-held mobile communications device
Hands-free mobile communications device
Mobile communications device
Wireless telephone service
Definitions.
For purposes of this section, the following
definitions apply:
means any method used to transfer information, including,
but not limited to, electronic mail, file transfers, global positioning
systems, and messaging.
means talking into, dialing, or listening on a hand-held
mobile telephone, and entering or reading text messages.
means 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).
means 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, by which a 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.
means a mobile telephone, personal digital assistant (PDA),
pager, or other device by which the user communicates to another,
or receives communications from another, by means of aural (voice)
communications, text entry, text receipt, or any other means of electronically
transferred data.
means two-way, real time voice telecommunications service
that is interconnected to a public switched telephone network and
commonly referred to as cellular service or personal communication
service.
(d)
Violations; exceptions.
(1)
Except as otherwise provided below, it shall be unlawful for a person
to drive or operate a moving motor vehicle in a school zone on days
when school is in session, during the hours when school zones are
in effect, when school zone signs and signs prohibiting hand-held
communications device use are posted, and while using a hand-held
communications device to engage in a call or to create, send, or read
messages. An operator of a motor vehicle who holds a hand-held communications
device to or in the immediate proximity of his or her ear while such
vehicle is in motion is presumed to be engaging in a call within the
meaning of this section.
(2)
Subsection (1) shall not apply to:
(A)
The use of any communications device 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, or the city’s police or fire department.
(B)
Any law enforcement, public safety or police officer; emergency service
officials; first aid, emergency medical technicians, and personnel;
or any fire safety officials in performance of duties arising out
of an in the course of their employment as such.
(C)
The use of a hands-free mobile telephone when being used in a hands-free
manner.
(3)
A violation of this section is a strict liability offense.
(Ordinance 2012-11-19 adopted 11/19/12; Ordinance adopting Code)
