§ 74-356. Mobile phone use.

(a)

Use of a hand-held mobile telephone is prohibited while operating a motor vehicle in a "school zone", on official school days and during hours when the school zone is in effect.

(b)

Except as otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send or read a message.

(c)

An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this article. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.

(d)

Subsection (b) shall not apply to:

(1)

The use of a mobile telephone for the sole purposes of communicating with any of the following regarding an emergency situation: An emergency response operator, a hospital, a physician's office, a health clinic, the City of Cibolo Police Department, the City of Cibolo Fire Department, or other emergency service provider;

(2)

Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or

(3)

The use of a hands-free mobile telephone when being used in a hands-free manner.

(e)

The violation of this article is a strict liability offense.

(Ord. No. 864, § I, 8-12-2008)