Agenda Information Sheet
DEPARTMENT: Police
CM/ ACM: Todd Hileman
Date: September 14, 2017
SUBJECT
Title
Receive a report, hold a discussion, and make a recommendation to City Council for amending Chapter 18, Section 18-38, of the Code of Ordinances, Use of Wireless Communication Devices While Driving.
Body
BACKGROUND
On May 6, 2014, the City Council adopted Ordinance 2014-112 prohibiting texting while driving on any roadway within the City of Denton, excluding the interstate highways and their associated frontage roads. Denton City Council requested reconsideration of Ordinance 2014-112 to strengthen restrictions on handheld communication devices on all roadways in the City limits. On February 23, 2016, City Council received a presentation on this issue, including data concerning distracted driving and the effectiveness of police enforcement since the ordinance was effectuated.
City Council directed staff to take the issue to the Traffic Safety Commission for consideration. On March 7, 2016, staff made a presentation to the Traffic Safety Commission and received direction to amend the current ordinance to allow drivers the use of hands-free only devices for all roadways. On May 2, 2016, staff provided a formal recommendation to the Traffic Safety Commission on the matter. The Commission recommended forwarding a complete ban of the use of handheld devices while driving (5-0).
On December 6, 2016, City Council adopted Ordinance 2016-394, amending the previous texting ban and allowing only "hands free" use of wireless devices for placing phone calls unless stopped, and prohibiting texting by drivers, with an effective enforcement date of June 1, 2017.
During the 85th Texas Legislative Session, HB 62 became law banning texting while driving state wide, and preempting any existing city ordinances banning texting, emailing, etc.
DISCUSSION
City Attorney staff reviewed the language in HB 62 and determined a revision of Ordinance 2016-394 removing refere...
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