(a) 
Prohibited.
No person shall operate an engine of any motor vehicle, as defined by Texas Transportation Code section 541.201, so to “brake” or slow the motor vehicle through the use of gears (commonly referred to as “jake braking” or “engine braking”) or by any other method which produces any noise in addition to the normal operating engine noise.
(b) 
Penalty.
Any person who violates any portion of this section is guilty of a misdemeanor and shall upon conviction be subject to a fine of not more than two hundred dollars ($200.00). Each incident that violates this section shall be considered a separate offense.
(Ordinance 06-O-84, secs. 2, 3, adopted 11/27/2006; 2009 Code, sec. 12.02.001)
(a) 
Definitions.
Handheld mobile communication device.
A text-messaging device or other electronic, two-way communication device that uses a commercial mobile service, as defined by 47 U.S.C. 332, that is designed to receive and transmit voice communication, text messages or pictorial communication, or both, whether by internet or other electronic means. The term includes a mobile telephone and/or a personal digital assistant (PDA).
Hands-free mode.
Speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle or part of the mobile telephone, that allows use of the wireless communication device without use of either of the operator’s hands (or prosthetic device or aid in the case of a physically disabled person).
Park or parked.
The operator to completely cease movement of a motor vehicle in a lawful manner or location. For purposes of this section, “parked” does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic-control device, or the condition on the roadway, or traffic congestion patterns then existing.
Use.
Employing a wireless communications device for any reason including, without limitation, the following activities while holding or touching the device:
(1) 
Dialing or deactivating a phone call;
(2) 
Speaking or listening to a conversation;
(3) 
Viewing, taking, or transmitting electronic images;
(4) 
Composing, sending, viewing, accessing, browsing, retrieving, or saving email messages, text messages, or other electronic data;
(5) 
Entering or changing information in a global position or navigation system or any software or application designed for navigation;
(6) 
Accessing or viewing an internet website or computer application;
(7) 
Playing a game;
(8) 
Engaging in any other use of the device while operating a moving motor vehicle; or
(9) 
In a manner that is unsafe or creates a hazard for other road users.
Wireless communication device.
Has the meaning assigned in section 545.425 (use of wireless communication device; offense) of the Texas Transportation Code.
(b) 
Use while vehicle is in motion prohibited.
A driver of a motor vehicle may not use a wireless communication device while the motor vehicle is in motion.
(c) 
Use in school crossing zone.
(1) 
The city council hereby enforces Texas Transportation Code, section 545.425, prohibitions within school crossing zones, as defined by Texas Transportation Code, section 541.302, located in the city now and in the future.
(2) 
The city manager is hereby directed to post the appropriate signs to enforce Texas Transportation Code, section 545.425, within the school crossing zones in the city.
(d) 
Use while operating bus with minor passenger.
An operator may not use a wireless communication device while operating a passenger bus with a minor passenger on the bus unless the passenger bus is stopped.
(e) 
Defenses.
It is an affirmative defense to prosecution of an offense under this section if a wireless communication device is used:
(1) 
While the vehicle is stopped;
(2) 
In a hands-free mode of operation and used to engage in telephone communication or to listen to audio transmissions;
(3) 
As a global positioning or navigation system if directions are given audibly or affixed to the vehicle;
(4) 
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, to:
(A) 
An emergency response service, including a rescue, emergency, medical, or hazardous material response service;
(B) 
A hospital;
(C) 
A fire department;
(D) 
A health clinic;
(E) 
A medical doctor’s office;
(F) 
An individual to administer first-aid treatment; or
(G) 
A police department.
(f) 
Exceptions.
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;
(2) 
An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device; or
(3) 
An operator while the vehicle is legally parked or is being driven on private property.
(g) 
Nature of offense.
An offense under this section is not a moving violation and may not be made a part of the person’s driving record or insurance record.
(h) 
Authority to enforce.
In addition to enforcement by a police officer of the city this section may be enforced by a peace officer or another entity, including those employed by school districts, duly authorized to issue traffic citations within the city.
(i) 
Penalty.
A violation under this section shall be punishable as a misdemeanor and is punishable by a fine of not less than $1.00 or more than $200.00.
(Ordinance 15-O-05 adopted 2/23/2015; 2009 Code, sec. 12.02.002)
(a) 
Generally.
It is an offense for any person to drive or operate a motor vehicle upon the identified portions of the streets that have been designated as a one-way traffic street, in any direction other than as below stated and as signage indicating a one-way street is posted as depicted on attachment B attached to Ordinance 19-O-30.
(b) 
One-way traffic streets designated.
(1) 
Eastbound on Grange Street between Stubblefield Road and Loop 332;
(2) 
Westbound on Munro Street between Loop 332 and Stubblefield Road;
(3) 
Eastbound on Fallwell Street between Stubblefield Road and County Road 279;
(4) 
Westbound on Aynsworth between County Road 279 and Barton Lane; and
(5) 
Northbound on Barton Lane between Aynsworth and RM 1869.
(c) 
Penalty.
A violation under this section shall be punishable as a misdemeanor and is punishable by a fine of not less than $1.00 or more than $200.00.
(Ordinance 19-O-30 adopted 5/28/2019)
(a) 
A person commits an offense if he drives or operates a motor vehicle at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) 
It shall be unlawful for any person to drive or operate a motor vehicle upon a public street, roadway, or highway within the city at a speed greater than the posted speed designated on attachment A attached to Ordinance 02-O-07 and incorporated herein for all purposes. Any speed in excess of the posted speed limit shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful.
(c) 
In the event speed limit signs are not erected indicating a higher or lower speed limit, then it shall be unlawful for any person to drive or operate a motor vehicle upon a public street, roadway, or highway within the city at a speed greater than 30 miles per hour. Any speed in excess of the presumed speed limit of 30 miles per hour shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful.
(d) 
No provision of this section shall be construed to repeal, supersede, or amend any part of any section or order that establishes school zones within the city.
(e) 
All speed limits in effect and posted at the time of the adoption of this section and not altered by attachment A to Ordinance 02-O-07 are deemed to have been properly determined reasonable and prudent for the streets or portions thereof so posted, and are hereby ratified.
(f) 
This section shall not apply to:
(1) 
An authorized emergency vehicle responding to a call;
(2) 
A police patrol; or
(3) 
A physician or ambulance responding to an emergency call.
(g) 
The speed limits adopted in subsection (b) and contained in attachment A to Ordinance 02-O-07 shall become effective when the city erects signs giving notice of the speed limit.
(h) 
A violation of this section is a misdemeanor and shall be punishable by a fine of not less than $1.00 or more than $200.00.
(Ordinance 02-O-07, secs 2-4, adopted 5/13/2002; 2009 Code, sec. 12.02.031)
Ordinances establishing special speed limits, including school speed zones, for specific streets, not listed in exhibit A to Ordinance 02-O-07, are not included in this code, but such ordinances are on file in the city secretary’s office. Ordinances establishing special speed limits are specifically saved from repeal upon adoption of the Code of Ordinances.
(Ordinance adopting 2009 Code; 2009 Code, sec. 12.02.032)