Ord 05-2017 2/21/2017 Ordinance No. 05-2017
Ordinance amending Chapter 102, Traffic and Vehicles, by the
addition of Article III, Wireless Communication Device Use, to
prohibit the use of wireless communication devices while operating
a motor vehicle; providing a repealer clause; providing for inclusion;
providing for severability
WHEREAS, the City Council finds that the City of Wichita Falls is a Texas Home-
Rule Municipality as that term is defined by Texas Law; and,
WHEREAS, the City Council finds that the use of a wireless communication
device while operating a vehicle is a traffic hazard and a danger to the public which
creates a particular danger or probability of danger in the City of Wichita Falls; and,
WHEREAS, the City Council finds that prohibiting the use of wireless
communication devices while driving would further protect the public health, safety, and
welfare in the City of Wichita Falls.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 102, Traffic and Vehicles, is hereby amended at Article 111, so that
such Article shall hereafter read as follows:
"Article III - Wireless Communication Device Use
Sec. 102-66. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a
different meaning:
(a) Authorized Emergency Vehicle means:
1. a fire department or police vehicle;
2. a public or private ambulance operated by a person who has been
issued a license by the Department of State Health Services;
3. an emergency medical services vehicle:
a. authorized under an emergency medical services provider
license issued by the Department of State Health Services
under Chapter 773, Health and Safety Code; and
b. operating under a contract with an emergency services
district that requires the emergency medical services
provider to respond to emergency calls with the vehicle;
4. a municipal department or public service corporation emergency
vehicle that has been designated or authorized by the governing body
of a municipality;
5. a county-owned or county-leased emergency management vehicle
that has been designated or authorized by the commissioners'
court;
6. a vehicle that has been designated by the department under
Section 546.0065;
7. a private vehicle of a volunteer firefighter or a certified emergency
medical services employee or volunteer when responding to a fire
alarm or medical emergency;
8. an industrial emergency response vehicle, including an industrial
ambulance, when responding to an emergency, but only if the
vehicle is operated in compliance with criteria in effect September
1, 1989, and established by the predecessor of the Texas Industrial
Emergency Services Board of the State Firemen's and Fire
Marshals' Association of Texas;
9. a vehicle of a blood bank or tissue bank, accredited or approved
under the laws of this state or the United States, when making
emergency deliveries of blood, drugs, medicines, or organs;
10. a vehicle used for law enforcement purposes that is owned or
leased by a federal governmental entity; or
11. a private vehicle of an employee or volunteer of a county
emergency management division in a county with a population of
more than 46,500 and less than 48,000 that is designated as an
authorized emergency vehicle by the commissioners' court of that
county.
(b) Hands-Free Device means speakerphone capability or a telephone
attachment to other piece of equipment, regardless of whether
permanently installed in/on the vehicle, that allows use of the wireless
device without use of either of the operator's hands.
(c) Operator means, as used in reference to a vehicle, a person who drives or
has physical control of a vehicle.
(d) Parked shall mean for the operator to completely cease movement of a
vehicle in a lawful manner and 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 conditions on the
roadway, or traffic congestion patterns then existing.
(e) Vehicle means a device that can be used to transport or draw persons or
property on a highway. The term does not include:
1. a device exclusively used on stationary rails or tracks; or
2. manufactured housing as that term is defined by Chapter 1201,
Occupations Code.
(f) Wireless communication device means a device that uses a commercial
mobile service as defined by 47 U.S.C. Section 332 including but not
limited to cell phones and other forms of electronic portable
communication devices.
Sec. 102-67. General Requirements.
(a) An operator of a vehicle may not use a wireless communication device for
any purpose while operating a vehicle on any street or highway within the City of
Wichita Falls, unless employing a hands-free device.
(b) 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;
3. An operator using a wireless communication device who is legally
parked; or
4. An operator who is using a wireless communication device while
the vehicle is on private property.
Sec. 102-68. Affirmative Defenses
1. It is an affirmative defense to prosecution of an offense under this section
if a wireless communication device is used to make an emergency call 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.
2. It is an affirmative defense to prosecution of an offense under this section
if a person uses their fingers to activate the wireless communication device for the
uroses of accepting an incomin_ hone call or to end a phone call so lone as the
action does not require the person to hold the wireless communication device in the
Person's hand.
Sec. 102-69. Fine
Any person who violates any section of this article shall be guilty of a violation as
provided in section 1-14 of the Wichita Falls Code of Ordinances."
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas,
that the provisions of this ordinance shall become a part of the Code of Ordinances of
the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered
or relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance
or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of said ordinance or the
Code of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 21st day of February, 2017.
MAYOR
ATTEST:
City CI r
Affidavit of Publication
THE STATE OF TEXAS #1499003
COUNTY OF WICHITA
Ordinance No.05-2017
ordinance ,amendingC apter On this 2311 day of February,2017 AD...
102, Traffic and Vehicles, by the
addition of Article III, Wireless personally appeared before me, the undersigned authority
Communication Device Use,
to prohibit the use of wireless Kathy Salan, Sales Assistant for the Times Publishing
communication devices while
operating a motor vehicle; Company of Wichita Falls, publishers of the Wichita Falls
providing a repealer clause;
providing for inclusion; providing Times/Record News, a newspaper published at Wichita Falls in
for severability. Any person who
violates any sectionof of this article Wichita County Texas and of general circulation in said
shall be guilty of a violation as > >
provided in section 1-14 of the
Wichita Falls Code of Ordinances. county, and upon being duly sworn by me, on oath states that
Adopted February 21,2017 by the
Wichita Falls city Council. the attached advertisement is a true and correct copy o
advertising published in 1 day (1) issues hereof on the
following date:
February 23, 2017
Sales Assistant for Times Pu fishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
FeAL
BARBARAFOSTER
NotaryID# 130516155
My Commission Expires
January 28, 2020