O500WHEREAS, the City of Kennedale, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 545.425 of the Texas Transportation Code prohibits the use
of wireless communication devices while operating a motor vehicle in a school crossing
zone with certain exceptions; and
WHEREAS, a municipality desiring to enforce such prohibitions must post
appropriate signage at the entrance to each school crossing zone; and
WHEREAS, the City Council desires to provide for the enforcement of the
prohibition on the use of wireless communication devices in school crossing zones.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
SECTION 1.
In any school crossing zone within the City, the Director of Public Works is
hereby authorized and directed to erect appropriate signs that comply with the
standards in Section 545.425 of the Texas Transportation Code to authorize the City to
enforce the prohibitions in that section on the use of wireless communication devices
while operating a motor vehicle in a school crossing zone.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
No citations will be issued for the first 30 days following the effective date of this
Ordinance so that an educational effort by the City may be conducted to inform the
public about the importance and requirements of this new Ordinance. Thereafter, any
person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Hundred Dollars ($200.00) for each offense. Each day that
violation is permitted to exist shall constitute a separate offense.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of the Kennedale City Code or any other ordinances
affecting speed limits which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale, the caption, Section 2, penalty clause,
publication clause and effective date clause of this as provided by Section 3.10 of the
Charter of the City of Kennedale.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED�1DhAtFjPROVED ON THIS 8 DAY OF MARCH, 2012.
APPROVED:
ac
® � ' �� 9g HT CO�N�.� °•,,y Bryan Lankhorst, Mayor
ATT T:
'°l ` < - ,
Amethyst Cir o, City Secretary
Effective: I q
APPROVED AS TO FORM AND LEGALITY:
(J/4-e"oc--
Wayne K. Olson, City Attorney