§ 30-5. Use of wireless communication devices; offense.

(a)

It shall be unlawful for an operator of a motor vehicle to use wireless communication device to view, send or compose an electronic message or manually engage other application software while operating a motor vehicle upon any roadway in the city, including when stopped, except as provided in subsection (b)(2).

(b)

It is an exception to the prohibition in subsection (a) if:

(1)

An operator of motor vehicle uses a wireless communication device to strictly engage in a telephone conversation or to listen to a voicemail message, including dialing or deactivating a phone cell;

(2)

An operator of a motor vehicle uses a wireless communication device while stopped or standing at a position parallel to and as close as possible to the right-hand edge or curb or a roadway where parking, standing or stopping in nonemergency situation is not otherwise prohibited; or

(3)

An operator of a motor vehicle uses a wireless communication device solely in a voice-activated or other hands-free mode.

(c)

It is an affirmative defense to prosecution of conduct prohibited in subsection (a) if:

(1)

An operator of an authorized government vehicle uses a wireless communication device to respond to an emergency while action in an official capacity while operating an authorized government vehicle;

(2)

An operator of a motor vehicle uses a wireless communication device to:

a.

Operate only a global positioning or navigation system;

b.

Obtain emergency assistance by contacting an emergency response service including rescue, emergency medical, or hazardous material response service; a hospital; a fire department; a law enforcement agency; a medical doctor's office; or an individual to administer first aid treatment;

c.

Obtain emergency assistance to prevent a crime about to be committed;

d.

Report a traffic accident or serious traffic hazard; or

e.

Communicate with the reasonable belief that a person's life, safety or property is in immediate danger.

(d)

Conflicting regulations. To the extent that any clause, phrase, provision, sentence or part of this section conflicts with the Texas Transportation Code Section 545.424, regarding the use of wireless communications 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, this section does not apply.

(Ord. No. 2011-01, § 2, 2-9-2011)