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Home My WebLink About029963 ORD - 10/08/2013Ordinance Adding a new section 53 -16 of the city code relating to restrictions on use of wireless communications while driving, creating an offense, providing for penalties, providing for severance, providing for publication, and providing for an effective date, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. Chapter 53 of the City of Corpus Christi Code of Ordinances is amended by adding a new Section 53 -16 to read: Sec. 53 -16. Use of wireless communications while driving. A. Definitions "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. "Park or Parked" shall mean for the operator to completely cease movement of a motor vehicle in a lawful manner and location. For purposes of this Section, "Parked" does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion pattems then existing. "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. § 332. B. An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle within the city limits. C. This section does not apply to an operator of a motor vehicle using a wireless communications device: 1. while the vehicle is parked; 2. that is affixed to the vehicle and used as a global positioning or navigation system; 3. that is used with a hands -free device; 4. who is an operator of an authorized emergency vehicle while acting in an official capacity; 5. who is licensed by the Federal Communications Commission while operating a radio frequency device other than a wireless communication device; or 6. while driving a motor vehicle on private property. 2? 9 ,r, 6 3 INDEXED C. It is an affirmative defense to prosecution of an offense under this section if a wireless communications device is used to make an emergency call to: (1) an emergency response service, including a rescue, emergency medical, or hazardous material response service; (2) a hospital; (3) a fire department; (4) a health clinic; (5) a medical doctor's office; (6) an individual to administer first aid treatment; or (7) a police department. D. A violation of this Section is a Class C misdemeanor punishable as provided in Section 1-6 of the Code of Ordinances. E. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation under this subsection is a strict liability offense. F. To the extent that this section conflicts with the Texas Transportation Code, this section does not apply. SECTION 2. If for any reason any section paragraph subdivision clause phrase word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section paragraph subdivision clause phrase word or provision of this ordinance for it is the definite intent of this City Council that every section paragraph subdivision clause phrase word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1 -6 of the Code of Ordinances. SECTION 5. This ordinance takes effect immediately upon passage. That the foregoing ordi ance was read for the first time and passed to its second reading on this the a`t'd'ay of 5 Zolbby the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Cuo±w- I A Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordin ce w s read for the second time and passed finally on this the `k'' -day of (5( r) 12-, 2°12,, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of 00 jt) Armando Chapa City Secretary Nelda k+Tartinez Mayor 0299 003 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 262811 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on: CC- Corpus Christi Caller -Times CC- Internet - caller.com 10/14/13 Mon 10/14/13 Mon LEGAL SALES REPRESENTATIVE On this 14 day of OC , 20 1 31 certify that the attached document is a true and exact copy made by publisher. MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 igAI Notat P blic y;; Texas CORPUS CHRISTI Ca11et4imeg Sales Rep: Georgia Lawson (C9190) caller. > Ad Proof Phone: (361) 884 -2011 Account Information Date: 10/10/13 Account Number: 172983 (CC 18438) Company Name: CITY OF CORPUS CHRISTI Contact Name: Email: lawsong @caller. com Address: PO BOX 9277, CORPUS CHRISTI, TX, 784699277 Phone: (361) 826 -3636 Fax: (000) 000 -0000 Email: LawsonGi @caller.corn This is a proof of your ad scheduled to run on the dates indicated below. Please confirm placement prior to deadline by contacting your account rep at . Ad Id: 262811 P.O. No.: Total Cost: $88.35 Tag Line: NOTICE OF PASSAGE OF ORDINANCE(S) NO Start Date: 10/14/13 Stop Date: 10/14/13 Number of Xs: 1 Class: 16130 - Legals Publications: CC- Corpus Christi Caller - Tunes, CC- Internet - caller.com I agree this ad is accurate and as ordered. NOTICE OF PASSAGE OF ORDINANCE(S) NO. 029963, Ordinance adding a new section 53 -16 of the city code relating to restric- tions on use of wireless com- munications while driving, creating an offense, provid- ing for penalties, providing for publication, and provid- ing for an effective date. The effective date is October 8, 2013. This ordinance was passed and approved on its second reading by the City Council on October 8, 2013. /s/ Armando Chapa City Secretary PAID WIT, C'E.ITCARD CONF # I �� DATE Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such, E. W. Scripps reserves the right to categorize, edit and refuse certain classified ads. Your satisfaction is important. If you notice errors in your ad, please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 361 -883 -1111. Allowance may not be made for errors reported past the second print date. The Corpus Christi Caller -Times may not issue refunds for classified advertising purchased in a package rate; ads purchased on the open rate may be pro -rated for the remaining full days for.which the ad did not run. CALLER TIMES 10ctober 14, 2013 15E L NOTICE OF PASSAGE OF ORDINANCE(S) NO. 029963; Ordinance adding a new section 53 -16 of the city code relating to restric- tions on use of wireless com- munications while driving, creating an offense, provid- ing for penalties, providing for publication, and provid- ing for an effective date. The effective date is October 8, 2013. This ordinance was passed and approved on its second reading by the City Council on October 8, 2013. /s/ Armando Chapa City Secretary