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Ord 643 Amending Chapter 90 Adding Wireless Communication Devise in a School ZoneTOWN OF WESTLAKE ORDINANCE NO. 643 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 90, TRAFFIC AND VEHICLES, SECTIONS 90-81 — 90-95 ADDING ,SECTION 90-81, ESTABLISHING A VIOLATION FOR UTILIZING A WIRELESS COMMUNICATION DEVICE IN A SCHOOL CROSSING ZONE WHILE OPERATING A MOTOR VEHICLE; BY ADOPTING THE PROVISIONS OF SECTION 545.425 OF THE TEXAS TRANSPORTATION CODE, AS AMENDED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake Town Council desires to support a safe school environment and believes it is in the best interests of the students and residents to place restrictions on the use of wireless communications devices while operating a motor vehicle in a school crossing zone, as defined by Section 541.302 of the Texas Transportation Code; and WHEREAS, Section 545.425, of the Texas Transportation Code, as amended, provides restrictions and defenses to prosecution on the uses of wireless communication devices while operating a motor vehicle in a school crossing zone that the Council desires to have enforced within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Chapter 90, "Traffic and Vehicles" Division 3. Speed "Establishing a violation for utilizing a wireless communication device in a school crossing zone while operating a motor vehicle", Sections 90-81 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: Section 90-81 Establishing a violation for utilizing a wireless communication device in a school crossing zone while operating a motor vehicle. Section 545.425, of the Texas Transportation Code, as amended, provides restrictions and defenses to prosecution on the uses of wireless communication devices while operating a motor vehicle in a school crossing zone. Any person, firm or corporation violating any of the provisions or terms of this section, and upon conviction shall be punishable by a fine not to exceed the sum of Two Hundred dollars ($200.00) pursuant to Section 545.425, of the Texas Transportation Code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 643 Page l of 2 SECTION 3: That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Hundred dollars ($200.00) pursuant to Section 545.425, of the Texas Transportation Code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION G: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED DAY OF AUGUST, 2010 OF ti0�N ATTEST: 0. own Secretary APPROVED-.A'J TERM: Attorney Laurli Wheat, Mayor FEW Ordinance 643 Page 2 of 2 THE STATE OF TEXAS COUNTY OF TARRANT Is Pam N o i t e , Office Manager of the Alliance Regional Newspapers of Bedford, Texas, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: In the 7.imez--Regizte/z in the 9/8/2010 edition, Town o)e Gle.6t ealce, 0,zdinance Nome 643 r Office Manager Pam Noite SUBSCRIBED AND SWORN TO before me on the 8th day of Se12temge'z 2010 to certify which witness my hand and official seal. AMANDA HENsARLiN G NOTAR BLIC, STATE O ERAS z My Corr mission Expires December 45, 2412 �� My Commission Expires: