At the April 28, 2008 City Council Meeting, an ordinance was passed to ban mobile phone use in active school zones.  This was done to further serve and protect school-aged children traveling to and from school.  This applies only on official school days and during the hours of 7 a.m. - 9 a.m. and 2 p.m. - 4 p.m.  Using a hand-held mobile phone while driving a motor vehicle has the potential to distract the driver.  Click here to view the ordinance.

"Engaging in a call"  shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.

"Hand-Held Mobile Telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand.

"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, which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone.

"Mobile Telephone" shall mean the device used by subscriber and other users of wireless telephone service to access such service and shall include Personal Digital Assistants.

"Personal Digital Assistants" 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 commonly referred to as cellular service or personal communication service.

1. Use of a hand-held mobile telephone is prohibited while operating a motor vehicle in a school zone, on official school days and from 7 a.m. - 9 a.m. and 2 p.m. - 4 p.m. when the school zone is in effect.

2. Except as otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send or read a message.

3. 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 Article.  "Immediate proximity" shall mean the 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.

4. Subsection (2) 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, a health clinic, the City of Watauga Police Department, the City of Watauga Fire Department, or other emergency service provider;

2. Any 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 hands-free mobile telephone when being used in a hands-free manner.

5. The violation of this Article is a strict liability offense.

Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction may be fined as provided in Section 1.109 of the Code of Ordinances of the City of Watauga.