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ORD 2012-10 - Amend Ch 44 - Mobile phonesORDINANCE NO. 2012-10 P13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 44 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING A NEW SECTION 44-170 TO ARTICLE VII FOR THE REGULATION OF THE USE OF HAND HELD MOBILE TELEPHONES AND MOBILE COMMUNICATION DEVICES IN SCHOOL ZONES; PROVIDING FOR A PENALTY; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. WHEREAS, the City Council has determined that in the interest of safety, it is necessary to regulate the use of mobile phones and mobile communication devices by the operator of any motor vehicle in school zones in the corporate limits of the City of Huntsville; and WHEREAS, Texas state law, Chapter 545.425 of the Texas Transportation Code provides that a municipality may regulate the use of wireless communication devices by the operator of any motor vehicle in school zones in the corporate limits of the City of Huntsville if the governing body of the municipality determines that the prohibition is necessary in the interest of safety; and WHEREAS, notice of the agenda for this meeting was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: 1. The City Council of the City of Huntsville having reviewed the findings of fact and conclusions as herein set out and adopts the same for inclusion in the ordinance if the same ad been repeated verbatim herein. 2. That the Code of Ordinances, City of Huntsville, Texas is hereby amended by adding a section in Article VII of Chapter 44, to be numbered 44-170, which section shall read as follows: Sec. 44-170 Regulation of Wireless Communication Devices (a) Chapter 545.425 is adopted in its entirety, as amended, for the regulation of wireless communication devices within a school crossing zone. (b) The City Manager and/or his designee shall cause the posting of signs that at the entrance to each school crossing zone in the corporate limits. The signs shall be posted at the locations in the attached Exhibit "A" and meet the following requirements: (1) Allow for a sign to be attached to an existing sign at a minimal cost; and (2) Require the sign required to be posted under this subsection inform an operator that: (A) The use of a wireless communication device is prohibited in the school crossing zone and/or school zone; and (B) The operator is subject to a fine if the operator uses a wireless P1 4 communication device in the school crossing zone and/or school zone. (c) Any person, firm, or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor as provided by Article I, Section 44 -4 of Chapter 44 of the Huntsville Code of Ordinances being punishable by a fine of not less than one ($1.00) dollar nor more than two hundred ($200) dollars; except that minors who have passed their 14`h birthday but have not reached their 17th birthday shall be punished by a fine of not more than one hundred ($100) dollars. The City Manager is authorized and directed to cause the placement of proper signs along the streets listed in attachment A and to cause to be amended the City's official traffic schedule to reflect said changes. (d) If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this ordinance. Sec. 44 -171— 44 -191— Reserved. 3. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such regulating and governing the subject matter covered by this ordinance. 4. This ordinance shall take effect ten (10) days after first passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. PASSED AND APPROVED by the City Council of the City of Huntsville, Texas, on this, the 176 day of January 2012. ATTEST: oodward, City Secretary THE CITY OF HUNTSVILLE Mac Woo war , W APPROVED AS TO FORM: nard Schneider, City Attorney Attachment A SCHOOL CROSSING ZONES REQUIRING SIGNAGE Gibbs Pre -K (1800 19th Street) 18th St. @ Avenue Q 18th St. @ Avenue S 19th St. @ Avenue Q 19th St. @ Normal Park Avenue R @ 18th St. Avenue S @ 18th St. Avenue S @ 19th St. Stewart Elementary (3400 Boettcher Drive) Boettcher Dr. Westbound Boettcher Dr. Eastbound Scott Johnson Elementary (US 190 East) Huntsville Intermediate (US 190 East) Goodrich @ US 190 1200 blk of Goodrich St. School Rd. @ US 190 OId Colony Rd. behind Scott Johnson Total Signs Required: 27 Huntsville Elementary (87 MLK Drive) MLK Northbound MLK Southbound Sam Houston Elementary Avenue P @ 10th St. Avenue P @ 7th St. 7th St. @ Old Madisonville 7th St. @ Avenue P 10th St. @ Old Madisonville OId Madisonville @ 7th St. Mance Park Middle School (1010 8th Street) University Ave. @ 8th St. 600 Block of University Ave. 7th St. @ University Ave. 9th St. @ Avenue I 9th St. @ Avenue J Avenue J @ 9th St. P15 P 1 City Council Meeting Agenda ������ =~"~� ~~~~~°."~~". " .~~~~~.".�� " .��.~."~~~~ �~~~... Item Title: oate:___ Ordinance 2012~10 | 11/17/2012 Requested !Kevin Lunsford Dept./Div: ' — c.—� r------ — — l — |550 �|KPL Agenda Item No.: Finance approval: ) Issue/Item Description: An ordinance for the restriction of use of hand held mobile telephones and mobile communications devices in school zones. Background: As a result of their research, the National Highway Traffic Safety Administration (NHTSA) has Idetermined that the use of hand held mobile telephones and mobile communication devices divert a person's attention away from the primary task of driving. Distracted drivers pose a !danger to th | th drivers, d pedestrians. Facts to Consider: • Research shows that distracted drivers cause traffic accidents • Research shows that use of cell phones, etc. cause distractions • The State of Texas passed legislation restricting the use of such devices in school zones. • The State of Texas posted signs prohibiting use of these devices in the school zones located on State maintained roadways (SH 190 and FM 2821). • The City must adopt an ordinance aliowing the enforcement of this Iaw in school zones on non-state maintained roadways. • Police Department and Code Enforcement have received a number of phone calls from concerned citizens inquiring as to why the City does not enforce this law in all school zones. • Without the passing of this ordinance, enforcement is not permitted equally across ati school zones. Fiscal `----- --------''---�'---'---- --'-----�-------'i ly $1000 for signage tobefundedoutoftheStreetDeot Attachment(s): • Proposed Ordinance 2012-10 • Section 545.425 of the Texas Transportation Code • Documents containing research information from the NHTSA regarding distracted driving 'Adopt Ordinance 2012-10 amending Chapter 44 of the Code of Ordinances by adding Section 44- i170 to Article VII for the regulation of the use of handheld mobile telephones and mobile !communication devices in school zones and providing for a penalty and other findings, 2nd P 1 2 MOTION: IT SECOND: IT VOTE: El PRESENTED ri TABLED fl OTHER ET APPROVED IT DECLINED ACTION Attachment A SCHOOL CROSSING ZONES REQUIRING SIGNAGE Gibbs Pre -K (1800 19th Street) 18th St. @ Avenue Q 18th St. @ Avenue S 19th St. @ Avenue Q 19th St. @ Normal Park Avenue R @ 18th St. Avenue S @ 18th R. Avenue S @ 19th St. Stewart Elementary (3400 Boettcher Drive) Boettcher Dr. Westbound Boettcher Dr. Eastbound Scott Johnson Elementary (US 190 East) Huntsville Intermediate (US 190 East) Goodrich @ US 190 1200 blk of Goodrich St. School Rd. @ US 190 OId Colony Rd. behind Scott Johnson Total Signs Required: 27 Huntsville Elementary (87 MLK Drive) MLK Northbound MLK Southbound Sam Houston Elementary Avenue P @ 10th St. Avenue P @ 7th St. 7th R. @ OId Madisonville 7th R. @ Avenue P 10th R. @ Old Madisonville Old Madisonville @ 7th R. Mance Park Middle School (1010 8th Street) University Ave. @ 8th St. 600 Block of University Ave. 7th St. @ University Ave. 9th St. @ Avenue 9th R. @ Avenue J Avenue J @ 9th St. P15 P16 Sec. 541.302. TRAFFIC AREAS. In this subtitle: (1) "Alley" means a street that: (A) is not used primarily for through traffic; and (B) provides access to rear entrances of buildings or lots along a street. (2) "Crosswalk" means: (A) the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or (B) the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (3) "Freeway" means a divided, controlled - access highway for through traffic. (4) "Freeway main lane" means a freeway lane having an uninterrupted flow of through traffic. (5) "Highway or street" means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. (6) "Improved shoulder" means a paved shoulder. (7) "Laned roadway" means a roadway that is divided into at least two clearly marked lanes for vehicular travel. (8) "Limited- access or controlled- access highway" means a highway or roadway to which: (A) persons, including owners or occupants of abutting real property, have no right of access; and (B) access by persons to enter or exit the highway or roadway is restricted under law except at a place and in the manner determined by the authority that has jurisdiction over the highway or roadway. (9) "Private road or driveway" means a privately owned way or place used for vehicular travel and used only by the owner and persons who have the owner's express or implied permission. P17 (10) "Ramp" means an interconnecting roadway of a traffic interchange, or a connecting roadway between highways at different levels or between parallel highways, that allows a vehicle to enter or exit a roadway. (11) "Roadway" means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately. (12) "Safety zone" means the area in a roadway officially designated for exclusive pedestrian use and that is protected or so marked or indicated by adequate signs as to be plainly visible at all times while so designated. (14) "School crosswalk" means a crosswalk designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school. (15) "Shoulder" means the portion of a highway that is: (A) .adjacent to the roadway; (B) designed or ordinarily used for parking; (C) distinguished from the roadway by different design, construction, or marking; and (D) not intended for normal vehicular travel. (16) "Sidewalk" means the portion of a street that is: (A) between a curb or lateral line of a roadway and the adjacent property line; and (B) intended for pedestrian use. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. P18 Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE. (a) In this section: (1) "Hands-free device" means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands. (2) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332. (b) Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless: (1) the vehicle is stopped; or (2) the wireless communication device is used with a hands-free device. (c) 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. P19 (d) It is an affirmative defense to prosecution of an offense under this section that: (1) the wireless communication device was 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; or (2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone. (e) 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; or (2) an operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device. (f) This section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle. Added by Acts 2005, 79th Leg., Ch. 357, Sec. 5, eff. September 1, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1105, Sec. 1, eff. September 1, 2009. P20 WHAT IS DISTRACTED DRIVING? Distracted driving is any activity that could divert a person's attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety. These types of distractions include: • Texting • Using a cell phone or smartphone • Eating and drinking • Talking to passengers • Grooming • Reading, including maps • Using a navigation system • Watching a video • Adjusting a radio, CD player, or MP3 player But, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction. The best way to end distracted driving is to educate all Americans about the danger it poses. On this page, you'll find facts and statistics that are powerfully persuasive. If you don't already think distracted driving is a safety problem, please take a moment to leam more. And, as with everything on Distraction.gov, please share these facts with others. Together, we can help save lives. Got questions? Visit our FAQ! Want even more information? Look at sample research reports. Key Facts and Statistics • In 2009, 5,474 people were killed in crashes involving driver distraction, and an estimated 448,000 were injured. (NHTSA) • 16% of fatal crashes in 2009 involved reports of distracted driving. (NHTSA) • 20% of injury crashes in 2009 involved reports of distracted driving. (NHTSA) • In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009. (CTIA) • Teen drivers are more likely than other age groups to be involved in a fatal crash where distraction is reported. In 2009, 16% of teen drivers involved in a fatal crash were reported to have been distracted. (NHTSA) • 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger. (Pew) P21 • Drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves. (Monash University) • Text messaging creates a crash risk 23 times worse than driving while not distracted. (VTTI) • Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind. (VTTI) • Headset cell phone use is not substantially safer than hand-held use. (VTTI) • Using a cell phone while driving - whether it's hand-held or hands-free delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (University of Utah) • Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%. (Carnegie Mellon) DISTRACTED DRIVING RESEARCH The following is a limited bibliography of research reports concerning distracted driving. It is meant to provide a brief introduction to the current state of research on the issue. The U.S. Department of Transportation does not endorse the research listed here, nor does non-DOT research represent the official position of DOT, its agencies, or its employees. On December 8, 2011, NHTSA released a new measure of fatalities related to distracted driving, called "distraction-affected crashes." NHTSA's adoption of the new "distraction-affected crash" measure for the 2010 FARS data is one step in a continuing effort to focus on driver distraction and separate it from other issues. The new measure is designed to focus more narrowly on crashes in which a driver was most likely to have been distracted. NHTSA will continue to look for improved data sources. Overview • "Distracted Driving 2009," NHTSA 2009 This research note from NHTSA's National Center for Statistics and Analysis discusses distracted driving statistics from 2009. Data on Electronic Device Use While Driving • "Driver Electronic Device Use in 2010," NHTSA 2011 This research note summarizes distracted driving data collected by observing drivers in 2011. P22 • "Adults and Cell Phone Distractions," Pew Research Center 2010 This report from the Pew Internet and American Life Project indicates widespread texting or talking on a cell phone while driving among adults. • "Driver Electronic Device Use in 2009," NHTSA 2010 This research note summarizes distracted driving data collected by observing drivers in 2009. • "Driver Electronic Device Use in 2008," NHTSA 2009 This research note summarizes distracted driving data collected by observing drivers in 2008. • "Teens Talk" Insurance Institute for Highway Safety, Status Report, 2008 This report from the Pew Internet and American Life Project indicates widespread texting or talking on a cell phone while driving among teens. • "Teens and Distracted Driving" Pew Research Center, 2009 This report indicates that, in the absence of enforcement, few teens obey the North Carolina texting while driving ban. Prevention and Enforcement • "Four High - Visibility Enforcement Demonstration Waves in Connecticut and New York Reduce Hand -Held Phone Use," NHTSA 2011 This follow -up research note corroborates an earlier report that high - visibility enforcement can reduce hand -held phone use behind the wheel. • "High Visibility Enforcement Demonstration Programs in Connecticut and New York Reduce Hand -Held Phone Use," NHTSA 2010 This report covers the first two (of four) enforcement waves in NHTSA's pilot study, with early data indicating that high - visibility enforcement can reduce hand -held phone use behind the wheel. • "Curbing Distracted Driving: 2010 Survey of State Safety Programs," GHSA 2010 This report from the Governors' Highway Safety Association includes a state - by -state look at efforts to reduce distracted driving. Measurement Methodology and Meta - Studies • "National Phone Survey on Distracted Driving Attitudes and Behaviors" NHTSA 2011 This survey was a nationally representative telephone survey of 6,002 drivers 18 and older from all 50 States and the District of Columbia. The goal was to assess current attitudes and self - reported behaviors about distracted driving. Also assessed were perceptions of safety, cell phone use, laws, fines, and enforcement.