Re: Proposed ordinance for San Antonio

Mike Check K5UCQ

Yes, it is law, but virtually unenforceable by police. It's another "feel
good" law. Worthless....

On Tue, Dec 21, 2010 at 6:36 AM, k5stx <> wrote:

--- In <>, "W5HW - Harry"
<W5HW@...> wrote:


What ever became of this. Any news on it?

It is Law! Normal use of our radio equipment is not effected, if you are
using APRS or other means to send a written/text message, you are subject to
a fine.
Text of the law follows or

(a) In this section:
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).

(2) TEXT MESSAGE means a two-way communication (whether realtime
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.

(3) 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 motorvehicle.
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
(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
(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 III
immediate danger; or (6) solely in a voice-activated or other hands-free
(d) Only warning citations may be issued for the first 90 days following
the effective date of this Ordinance so that an educational effort by the
City of San Antonio may be conducted to infonn the public about the
importance and requirements of this new Ordinance. Thereafter, a person
convicted of an offense under this section shall be punished by a fine of up
to $200.
(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 of San
Antonio, 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 of San Antonio.

SECTION 3. That the remainder of CHAPTER 19 of the City Code of San
Antonio, Texas will remain in full force and effect, save and except as
amended by this Ordinance.

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