ORDINANCE NO. AN ORDINANCE AMENDING SECTION 12-1-1 AND CREATING SECTION 12- 1-44 OF THE CITY CODE TO PROHIBIT THE USE OF WIRELESS COMMUNICATION DEVICES FOR ELECTRONIC MESSAGING WHILE OPERATING A MOTOR VEHICLE, AND CREATING AN OFFENSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

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24 Νοε 2013 (πριν από 3 χρόνια και 4 μήνες)

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ORDINANCE NO.

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AN ORDINANCE AMENDING SECTION 12
-
1
-
1 AND
CREATING
SECTION 12
-
3

1
-
44 OF THE CITY CODE TO PROHIBIT THE USE OF WIRELESS
4

COMMUNICATION DEVICES
FOR ELECTRONIC MESSAGING
WHILE
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OPERATING A MOTOR VEHICLE,
AND
CREATING AN OFFENSE
.

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7

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN:

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9

PART 1
. Section 12
-
1
-
1 of the City Code is amended to read:

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§ 12
-
1
-
1 Definitions.

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In this title:

12

(1)





ALLEY means a street of 20 feet or less in width, having no legal or

official
13

name other than alley.

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(2)

ELECTRONIC MESSAGE means a self
-
contained piece of digital
15

communication that is designed or intended to be transmitted between physical
16

devices. An electronic message includes, but is not limited to, a text
-
based
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com
munication, a command or request to access an internet site, or other data that
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uses a commonly recognized electronic communications protocol.

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(3)

[
(2)
]





PARK OR PARKING means to stand an occupied or unoccupied
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vehicle, other than temporarily while l
oading or unloading merchandise or
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passengers.

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(4)

[
(3)
]

TRAFFIC

ENGINEER means the person designated by the city
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manager to serve as the City's traffic engineer.

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(5
)





[
(4)
]

TRUCK


means a motor vehicle or combination vehicle/trailer with a
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total of si
x or more wheels, designed, maintained, or used primarily for the
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transportation, loading, or unloading of material or property, including

“special
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mobile equipment” as defined in Section 541.201 (
Vehicles
) of the Texas
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Transportation Code.

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(6) WIRELESS
COMMUNICATION DEVICE has the meaning assigned in
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Section 545.425 (
Use of Wireless Communication Device; Offense
) of the Texas
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Transportation Code.

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PART 2. Section 12
-
1
-
44 of the City Code is amended to read:

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§ 12
-
1
-
44 Electronic Messaging While Driving.

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(A) A driver of a motor vehicle may not use a wireless communication device to
1

view, send, or compose an electronic message while operating a motor vehicle.

2

(B)
It is an affirmative defense to prosecution of an offense under this section

if a
3

wireless c
ommunications device is used:

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(1) while the vehicle is stopped;

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(2) for making a telephone call;

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(3) as a global positioning or navigation system that is affixed to the vehicle;

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(3) for obtaining emergency assistance to report a traffic accident, medical

8

emergency, or serious traffic hazard
,

or
to
prevent a crime about to be
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committed;

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(4) in the reasonable
belie
f

that a person’s life or safety is in immediate
11

danger; or

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(5) if the device is permanently installed inside the vehicle.

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(C)

This section does n
ot apply to an operator of an authorized emergency vehicle
15

using a wireless communication device while acting in an official capacity.

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(D)

To the extent that this section conflicts with the Texas Transportation Code
18

Section 545.424, regarding the use of wirel
ess communication devices while
19

operating a motor vehicle by minors, or
Texas Transportation Code
Section
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545.425
,

regarding the use of wireless communication devices in school
21

crossing zones, this section does not apply.

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PART 3.
This ordinance

takes effect on ________________________________, 2009.

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PASSED AND APPROVED

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§

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§

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________________________, 2009


§ _______
______________________________

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Lee Leffingwell

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Mayor

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APPROVED:
_________________

ATTEST:
___
_____________________________

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D
avid Allan Smith





Shirley A. Gentry

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City Attorney







City Clerk

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