Hands-free mode.
Refers to speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle that allows the use of the wireless communication device without use of either of the operator’s hands.
Telephone call.
When referring to a wireless communication device in this article, refers to operation of a device for verbal communication.
Electronic message.
Data that is read from or entered into a wireless communication device for the purpose of communicating with another person.
Use.
Refers to manipulating a wireless communication device while operating a motor vehicle, but does not include reading, writing, or sending an electronic message.
Wireless communication device.
Has the meaning assigned in section 545.425 (use of wireless communication device; offense) of the Texas Transportation Code.
(Ordinance 348 adopted 12/13/17)
(a) 
The operator of a motor vehicle on a roadway may not use a wireless communication device.
(b) 
It is an affirmative defense to prosecution of an offense under this article that the operator used a wireless communication device:
(1) 
While the vehicle is stopped and out of the lanes of traffic;
(2) 
When in a hands-free mode of operation to engage in telephone calls, telephone-based communication, or to listen to audio transmissions;
(3) 
When used as a global positioning or navigation system if directions are given audibly or the wireless communication device is affixed to the vehicle;
(4) 
When solely in a voice-activated or other hands-free mode; or
(5) 
For obtaining emergency assistance to report a crime, traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed.
(c) 
This section 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.
(d) 
To the extent that this section conflicts with the Texas Transportation Code section 545.424, regarding the use of wireless communication devices while operating a motor vehicle by minors, or Texas Transportation Code section 545.425, regarding the use of wireless communication devices in school crossing zones, or Texas Transportation Code section 545.4251 regarding the use of wireless communication devices for electronic messaging this section does not apply.
(Ordinance 348 adopted 12/13/17)
An offense under this article shall be punishable as a class C misdemeanor, for which the maximum fine per violation shall be $250.00.
(Ordinance 348 adopted 12/13/17)
After consulting with the chief of police, the city administrator is authorized to have traffic safety signs erected warning motorists of restrictions imposed by this article, and/or state law that complies with the requirements of Texas Transportation Code section 545.452(b-2).
(Ordinance 348 adopted 12/13/17)