§ 18-38. Use of wireless communication devices while operating a vehicle.

(a)

In this section, a "hands-free device" means speakerphone capability or a telephone attachment to other piece of equipment, regardless of whether permanently installed in/on the vehicle, that allows use of the wireless device without use of either of the operator's hands, except for the use of the operator's hands for the purpose of answering or terminating a voice telephone call.

(b)

In this section, "stop" or "stopped" means to halt an occupied or unoccupied vehicle: (1) in a location other than a lane of traffic on a roadway; (2) in a lane of traffic on a roadway pursuant to the direction of a traffic control device; or (3) otherwise lawfully stopped in a lane of traffic on a roadway.

(c)

In this section, "vehicle" shall have the meaning set forth in V.T.C.A. Transportation Code, § 541.201(23).

(d)

In this section, "wireless communication device" has the meaning assigned in V.T.C.A. Transportation Code, § 545.425 (Use of Wireless Communication Device; Offense).

(e)

An operator of a vehicle may not use a wireless communication device for any purpose while operating a vehicle on any street or highway within the City of Denton, unless employing a hands-free device.

(f)

This section does not apply to an operator of a vehicle using a wireless communication device:

(1)

For initiating or terminating a telephone call while the vehicle is stopped; or

(2)

For initiating or terminating navigation with mapping software or a global positioning system, while the vehicle is stopped; or

(3)

By an operator of an authorized emergency vehicle using a wireless communication device while acting in an official capacity; or

(4)

By an operator who is licensed by the Federal Communications Commission operating a radio frequency device other than a wireless communication device.

(g)

It is an affirmative defense to prosecution of an offense under this section if a wireless communication device is used:

(1)

For obtaining emergency assistance to report a traffic accident, medical emergency, or serious traffic hazard, or to prevent a crime about to be committed or being committed; or

(2)

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

(h)

To the extent that this section conflicts with the V.T.C.A. Transportation Code, § 545.424, regarding the use of wireless communication devices while operating a vehicle by minors, or V.T.C.A. Transportation Code, § 545.425, regarding the use of wireless communications devices in school zones or by the operators of school busses, this section does not apply.

(i)

To the extent that this section conflicts with the V.T.C.A. Transportation Code, § 545.4251 regarding the use of wireless communication devices while operating a motor vehicle to read, write, or send an electronic message, this section does not apply.

(Ord. No. 2014-112, § 2, 5-6-14; Ord. No. 2016-394, § 2, 12-6-16; Ord. No. 2017-282, § 2, 9-19-17)