(Published in the McAlester News-Capital November 16th, 2017.) TOWN OF QUINTON ORDINANCE NO. 2017-11-9A AN ORDINANCE AMENDING THE TOWN CODE OF THE TOWN OF QUINTON, OKLAHOMA, TITLE 7 CHAPTER 3 "DRIVING RULES: ADD "TEXTING WHILE DRIVING:, PROHIBITING THE USE OF HAND-HELD ELECTRONIC COMMUNICATIONS DEVICES WHILE OPERATING A MOTOR VEHICLE, IN CERTAIN CIRCUMSTANCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE OF NONMEMBER 09, 2017; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF QUINTON, OKLAHOMA: SECTION 1: THAT A NEW TOWN OF QUINTON CODE, TITLE 7 CHAPTER 3 BE AND THE SAME IS NOW ENACTED TO READ AS FOLLOWS: TEXTING WHILE DRIVING A. It shall be unlawful for any person to operate a motor vehicle on any street or highway while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion. B. any person who violates the provisions of subsection A of this section shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100.00), excluding costs, fees, and assessments. C. The Department of Public Safety shall not record or assess points for violations of this section on any license holder's traffic record maintained by the department. D. The provisions of subsection A of this section shall not apply in the person is using the cellular telephone or electronic communication devise for the sole purpose of communicating with any of the following regarding an imminent emergency situation: 1. An emergency response operator; 2. A hospital, physician's office or health clinic; 3. A provider of ambulance services; 4. A provider of firefighting services; or 5. A law enforcement agency E. For the purpose of this section: 1. Cellular telephone means an analog of digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephone: 2. "Compose", send, or read with respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device; 3. "Electronic Communication Device: means an electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice-operated global positioning or navigation system that is affixed to a motor vehicle, or a hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function; and 4. "Text Message" includes a text-based message, instant message, electronic message, photo, video, or electronic mail. SECTION 2. PREEXISTING RIGHT OF ACTION PRESERVED. The amendment or repeal of any ordinances by the enactment of this ordinance shall not impair, modify, alter, or affect any rights, right of action or cause of action, whether no pending in any court or not which are now existing or which may arise or come into existence, before the date when this ordinance if effective. SECTION 3: SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof. SECTION 4. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict with the ordinance be and the same or now expressly repealed. SECTION 5. EFFECTIVE DATE. Following passage of this ordinance by the Board of Trustees, with separate approval of its EMERGENCY CLAUSE, the provisions enacted by this ordinance shall be effective and enforceable on and after November 9, 2017. SECTION 6. EMERGENCY CLAUSE. That an emergency is now declared to exist for the preservation of the public peace, health and safety and more particularly to protect occupants of motor vehicles in the Town of Quinton from the dangers of texting while driving, by reason which this ordinance shall take effect immediately on and after its passage and approval. APPROVED IN AN OPEN MEETING OF THE TOWN OF QUINTON BOARD OF TRUSTEES AND PASSED BY AN AFFIRMATIVE MAJORITY VOTE OF THE ENTIRE MEMBERSHIP OF THE BOARD OF TRUSTEES, TO-WIT: 4 yes, 0 no, 0 abstaining, 1 absent, on this 9th day of November 2017. /s/ Allen Miller Mayor of the Town of Quinton (seal) ATTEST: /s/Carla Montgomery, City Clerk APPROVED; /s/ Kay Wall City Attorney
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