WHEREAS, there has been a significant number of incidents where the safety of our crossing guards has been compromised by the use of mobile telephones by visitors while driving within the school zone; and,
WHEREAS, the safety of all school age children and others traveling to and from the Haleyville City Schools and other educational facilities located in Haleyville is of paramount importance and as such, demands a high standard of positive care and control; and,
WHEREAS, the City seeks to enact reasonable precautions with regard to the use of mobile telephones and PDA’s within the school zone; and
NOW THEREFORE, BE IT ORDANINED as follows:
SECTION 1. Establishment of the Haleyville City School Zone.
(a) The school zone for the City of Haleyville shall begin from the West on 20th Street East at its intersection with 18th Avenue and it shall begin from the North on 20th Avenue South at its intersection with Alabama Highway 195, Haleyville.
(b) All roads, drives, parking lots, or access ways which lie east of 18th Avenue on 20th Street or south of Alabama Highway 195 on 20th Avenue and which can be traveled to access the Haleyville City School campus shall be considered within the school zone as herein defined, including, but not limited to the access road to and from City Lake.
SECTION 2. Use of Mobile Telephones and Personal Digital Assistants Prohibited in School Zones.
(a) For purposes of this section the following definitions apply:
Engaging in a call shall mean talking into, dialing or listening on a hand-held or hands-free mobile telephone.
Hands-free mobile telephone shall mean a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone by which a user engages in a call without the use of either hand (or prosthetic devise or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate, deactivate or initiate a function of such telephone.
Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
Mobile telephone shall mean the device used by subscribers and other users of wireless telephone service to access such service and shall include Personal Digital Assistants and push to talk communication services.
Personal Digital Assistant shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice.
Wireless telephone service shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service or push to talk networks.
(b) Except as otherwise provided below it shall be unlawful for a person to drive or operate a motor vehicle in a school zone while using a hand-held or hands-free mobile telephone or Personal Digital Assistant to engage in a call or to create, send or read messages.
(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 section. 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 purpose of communicating with any of the following regarding an emergency situation: an emergency response operator, a hospital, a physician’s office or health clinic, or the City’s Police Department;
2. Any school administrator, 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 mobile telephone by the operator of a motor vehicle when the motor vehicle is legally parked and stationary, whether or not the motor is running.
SECTION 3: It shall be an affirmative defense to prosecution under this ordinance if a motor vehicle operator can show that a cell phone was used while the vehicle was stationary inside a school zone.
SECTION 4: Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed Two Hundred Dollars ($200.00), plus court costs.
SECTION 5: If any section or portion of this ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, that section or portion shall be deemed severable and shall not affect the validity of the remaining portions of the ordinance.
An Ordinance of the City of Haleyville, Alabama, creating a well defined school zone for the location and protection of school children, personnel and visitors on the school campus; to prohibit the use of mobile telephones and Personal Digital Assistants while operating a motor vehicle; providing for a penalty not to exceed Two Hundred Dollars ($200.00); providing for a severability cause; providing for incorporation into the Code of Ordinances; and providing an effective date.