Sec. 19-251. - School zones designated; driving restrictions.

(a)

As a result of an engineering and traffic investigation by the public works department the city council has determined that the prima facie reasonable and prudent maximum speed on the public streets and highways of the city designated as school zones and described in separate ordinances of the city may be established at speeds of twenty (20), twenty-five (25), thirty (30) or thirty-five (35) miles per hour.

(b)

No person shall drive a vehicle on a public street or highway designated as a school zone at a speed greater than is reasonable and prudent under the circumstances then existing. On that portion of those streets or highways designated as a school zone, the prima facie maximum reasonable and prudent speed in miles per hour when school is in session shall be such as provided in subsection (a) above, provided that an appropriate sign giving notice thereof is erected. Such signs shall state the prima facie maximum speed and the times during which the school zone is in effect or operation, or shall state the prima facie maximum speed when flashing and shall be accompanied by a flashing beacon or light during the times the school zone is in effect or operation. The times each school zone shall be in effect or operation shall be specified by the city traffic engineer and established by ordinance. Any speed in excess of that established by ordinance for a designated school zone while that school zone is in operation or effect shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful.

(c)

It shall be unlawful for any person to drive or operate any vehicle into or through any school crossing at a time when there is a child or children crossing or standing therein; provided that the said school zone has been indicated by signs or placards not less than one hundred (100) feet from said crossing, and where such crossings have been established across paved streets its boundaries should be marked by lines of white or yellow paint and no crossing shall be greater than twenty (20) feet in width.

(d)

Upon those streets and parts of streets near or adjacent to schools designated as school zones, vehicular traffic shall move only in the direction and during the hours specified when signs indicating the direction of traffic are erected.

(Code 1959, § 38-40; Ord. No. 31666, § 1, 8-14-63; Ord. No. 41504, § 1, 11-22-72; Ord. No. 42075, § 2, 4-12-73; Ord. No. 54506, § 1, 11-5-81; Ord. No. 99662, §§ 1—3, 9-2-04)

Editor's note—

Sections 2 and 3 of Ord. No. 99662, adopted September 2, 2004, state the following: "Section 2. Until such time as specific speeds for specific school zones as authorized by 19-251(a) are designated and changed/established by ordinance, the prima facie reasonable, prudent and safe maximum speed on the public streets and highways of the city designated as school zones shall remain twenty (20) miles per hour. All existing designations of school zones shall remain in effect until such time as they are changed by separate ordinance.
  Section 3. Until such time as specific times for specific school zones as authorized by 19-251(b) are changed and/or established by ordinance, the speed limit of twenty (20) miles per hour on public streets and highways designated by the city council as school zones shall remain in effect between the hours of 7:00 a.m. and 9:00 a.m. in the morning and 2:00 p.m. and 4:00 p.m. in the afternoon on any day of the regular or any special summer school term, and any speed in excess of twenty (20) miles per hour in such zones while such zones are in effect shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful."

State law reference— Authority of city to create school zones, Vernon's Ann. Civ. St. art. 6701d, § 167(d).

Sec. 19-252. - Passing school busses prohibited.

Except as hereinafter provided, the driver of a vehicle upon any and all public streets and thoroughfares within the city upon meeting or overtaking from either direction any school bus which has stopped on the street for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus to the front two (2) alternately flashing red lights located at the same level and to the rear, two (2) alternately flashing red lights located at the same level, and these lights shall have sufficient intensity to be visible at five hundred (500) feet in normal sunlight, and said driver shall not proceed until such school bus resumes motion or is signaled by the school bus driver to proceed or the visual signals are no longer actuated.

(Code 1959, § 38-44; Ord. No. 31666, § 1, 8-14-63; Ord. No. 42075, § 3, 4-12-73)

State law reference— Similar provisions, Vernon's Ann. Civ. St. art. 6701d, § 104(a).

Sec. 19-253. - When passing of school busses is not prohibited.

The driver of a vehicle upon a street within the corporate limits of this city with separate or divided roadways need not stop upon meeting or passing a school bus which:

(a)

Is on a different roadway or when upon a controlled-access highway or street and the school bus is stopped in a loading zone which is a part of or adjacent to such highway or street and where pedestrians are not permitted to cross the roadway.

(b)

Is on any public streets within the central business district of this city as defined in this chapter.

Editor's note—

Similar provisions, Vernon's Ann. Civ. St. art. 6701d, § 104(b).

Sec. 19-254. - Regulating the use of hand-held mobile telephones and mobile communication devices in reduced speed school zones.

(a)

In this section:

Engaging in a call means talking into, dialing, or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate or deactivate the telephone.

Hand-held mobile telephone means 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 means a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by 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 device) is necessary to activate or deactivate the mobile telephone.

Mobile communication device means a text-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes a mobile telephone and a personal digital assistant (PDA).

Mobile telephone means a device used by subscribers and other users of wireless telephone service to access such service.

School zone means a reduced speed school traffic zone as designated in section 19-251 of this chapter.

Text message means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system.

Wireless telephone service means two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commonly referred to as cellular service or personal communication service.

(b)

A person commits an offense if the person uses a hand-held mobile telephone to engage in a call or uses a mobile communication device to send, read, or write a text message, while operating a moving motor vehicle in a reduced speed school zone;

(1)

On an official school day;

(2)

During the hours when a reduced speed school zone is in effect;

(3)

When signs are conspicuously posted to indicate the beginning and end of the reduced speed school zone; and

(4)

When signs indicating hand-held cell phone use is prohibited are conspicuously posted at each entrance to the reduced speed school zone.

(c)

An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call under this section. Immediate proximity is any distance that permits the user of a mobile telephone to hear telecommunications transmitted over the telephone and does not require physical contact with the user's ear.

(d)

It shall be an affirmative defense to prosecution under this section that the person was:

(1)

Operating an authorized emergency vehicle and using the mobile telephone or mobile communication device in the course and scope of the person's official duties;

(2)

Using the mobile telephone or mobile communication device to:

a.

Report illegal activity to a law enforcement agency;

b.

Communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or

c.

Prevent injury to a person or property; or

(3)

Using a hands-free mobile telephone in a hands-free manner.

(e)

A person convicted of an offense under this section shall be punished by a fine of up to two hundred dollars ($200.00). Only warning citations may be issued for the first sixty (60) days following the effective date of this section that an educational effort by the city and the city's school districts may be conducted to inform the public about the importance and requirements of this new section.

(f)

An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record.

(g)

In addition to enforcement by a peace officer of the city, this section may be enforced by a peace officer of another entity, including those employed by school districts, duly authorized to issue traffic citations within the city.

(Ord. No. 2008-08-21-0727, § 1, 8-21-08)

Sec. 19-255. - Regulating the use of hand-held mobile communication devices while driving.

(a)

In this section:

Hand-held mobile communication device means a text-messaging device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text or pictorial communication, or both, whether by internet or other electronic means. The term includes a mobile telephone, and a personal digital assistant (PDA).

Text message means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network.

Wireless telephone service means two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commonly referred to as cellular service or personal communication service.

(b)

A person commits an offense if the person uses a hand-held mobile communication device to send, read, or write a text message, view pictures or written text, whether transmitted by internet or other electronic means, engage in gaming or any other use of the device, besides dialing telephone numbers or talking to another person, while operating a moving motor vehicle. This ordinance shall not apply to public safety personnel in the normal course and scope of performing their duties.

(c)

It is an affirmative defense to prosecution of an offense under this section if a hand-held mobile communication device is used:

(1)

While the vehicle is stopped, out of the moving lanes of the roadway;

(2)

Strictly to engage in a telephone conversation, including dialing or deactivating the call;

(3)

As a global positioning or navigation system that is affixed to the vehicle;

(4)

To communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation to prevent injury to a person or property;

(5)

In the reasonable belief that a person's life or safety is in immediate danger; or

(6)

Solely in a voice-activated or other hands-free mode.

(d)

Only warning citations may be issued for the first ninety (90) days following the effective date of this section so that an educational effort by the city may be conducted to inform the public about the importance and requirements of this new section. Thereafter, a person convicted of an offense under this section shall be punished by a fine of up to two hundred dollars ($200.00).

(e)

An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record.

(f)

In addition to enforcement by a peace officer of the city, this section may be enforced by a peace officer of another entity, including those employed by school districts, duly authorized to issue traffic citations within the city.

(Ord. No. 2010-10-07-0853, § 1, 10-7-10)

Secs. 19-256—19-265. - Reserved.