ORDINANCE 2008-03
AN ORDINANCE ESTABLISHING “USE OF HAND-HELD
MOBILE TELEPHONES IN SCHOOL ZONES” PROHIBITING
USE THEREOF; PROVIDING PENALTY FOR VIOLATION;
PROVIDING FOR PUBLICATION; PROVIDING AN
EFFECTIVE DATE; CONTAINING A SEVERABILITY CLAUSE
AND MAKING AN OPEN MEETING FINDING.
WHEREAS, to further serve and protect
school-aged children traveling to and from
elementary schools and other educational
facilities throughout the state, the State of
Texas has adopted certain laws regulating the
speed of motor vehicles in a “school zone” –
said laws applying only on official school days
and during the hours when the school zone is in
effect; and
WHEREAS, using a hand-held mobile telephone
(a/k/a “cell phone”) while operating a motor
vehicle necessarily distracts the actor from his
or her operation of said motor vehicle and thus
causes him or her to concentrate less on driving
safely, and
WHEREAS, using a hand-held mobile telephone
while operating a motor vehicle necessarily
limits the actor’s ability to steer and maneuver
said motor vehicle, and
WHEREAS, the City of Tom Bean, Texas (“City”)
finds that the use of a hand-held mobile
telephone while operating a motor vehicle in a
“School Zone (on official school days and during
hours when the school zone is in effect) creates
a danger (or probability of it) to school
children and others that the City seeks to
minimize; and
WHEREAS, the safety of all school-aged children
traveling to and from elementary schools and
other educational facilities located in the City
of Tom Bean is of paramount importance to the
City, and as such, demands a high standard of
positive care and control; and
WHEREAS, “strict liability” offenses include,
not only those that are regulatory, public
welfare or mala prohibita in nature, but also
those for example that are designed to protect
children; and
WHEREAS, the states of California, Connecticut,
New Jersey, New York, and Washington ban the use
of hand-held mobile telephones while operating a
motor vehicle; and
WHEREAS, the City of Tom Bean desires to
implement those rules and regulations that
protect health, life, and property and the
preserve good government, order and security of
the City and it’s inhabitants;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF TOM BEAN, TEXAS:
SECTION ONE:
(a) Use of a hand-held mobile telephone
is prohibited while operating a motor vehicle in
a “School Zone”, on official school days and
during hours when the school zone is in effect.
(b) Definitions
For purposes of this section, the following
definitions apply:
“Engaging in a call” shall mean talking into,
dialing or listening on a hand-held mobile
telephone, but shall not include holding a
mobile telephone to activate or deactivate such
telephone.
“Hand-held mobile telephone” shall mean 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).
“Hands-free mobile telephone” shall mean 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, 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 devices) is
necessary to activate, deactivate, or initiate a
function of such telephone.
“Mobile telephone” shall mean the device used by
subscriber and other users of wireless telephone
service to access such service and shall include
Personal Digital Assistants.
“Personal Digital Assistant” shall mean a device
operated using a wireless telecommunications
service that provides for data communication
other than by voice.
“Wireless Telephone Service” shall mean two-way
real time voice telecommunications service that
is interconnected to a public switched telephone
network commonly referred to as cellular service
or personal communication service.
Except as otherwise provided below, it shall be
unlawful for a person to drive or operate a
motor vehicle in a school zone, on official
school days, during the hours when school zones
are in effect, and when school zone signs and
signs prohibiting hand-held mobile telephone use
are posted in place, while using a hand-held
mobile telephone to engage in a call or to
create, send or read message.
An operator of a motor vehicle who holds a
mobile telephone 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.
“Immediate proximity” shall mean that distance
as permits the operator of a mobile telephone to
hear telecommunications transmitted over such
mobile telephone, but shall not require physical
contact with such operator’s ear.
Subsection (c) shall not apply to:
The use of a mobile telephone for the sole
purposes of communicating with any of the
following regarding an emergency situation: an
emergency response operator; a hospital; a
physician’s office or health clinic; the City’s
Public Safety Facility;
Any law enforcement, public safety or police
officers, emergency services officials, first
aid, emergency medical technicians and
personnel, or any fire safety officials in the
performance of duties arising out of and in the
course of their employment as such, or
The use of a hand-free mobile telephone when
being used in a hands-free manner.
The violation of this section is a strict
liability offense.
SECTION TWO: PENALTY FOR VIOLATION
That any person violating any of the provisions
of this Ordinance shall be deemed guilty of a
misdemeanor.
SECTION THREE: SEVERABILITY
If any provision, section, sentence, clause or
phrase of this Ordinance, or the application of
the same to any person or set of circumstances,
if for any reason is held to be
unconstitutional, void or invalid (or for any
reason unenforceable), the validity of the
remaining portion of this Ordinance or its
application to other persons or sets of
circumstances shall not be affected thereby, it
being the intention of the City Council of the
City of Tom Bean, Texas, in adopting and of the
Mayor in approving this Ordinance, that no
portion hereof or provision or regulation
contained herein shall become inoperative or
fail by any other reason of any
unconstitutionality or invalidity of any other
portion, provision or regulation.
SECTION FOUR: PUBLICATION
Publication shall be made in the official
publication of the City of Tom Bean, Texas,
after final passage, which publication shall
contain the caption stating in substance the
purpose of this Ordinance.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall be effective upon passage
and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF TOM
BEAN, TEXAS THIS 12TH DAY OF MAY,
2008.
____________________________________
Mayor, Sherry Howard
Attest:
_____________________________________
City Secretary, Cathy Pugh
