As used in this chapter, the following terms shall have the meanings
indicated:
ENGAGE IN A CALL
Talking into or listening on a hand-held mobile telephone, but shall
not include holding a mobile telephone to deactivate or initiate a function
of such telephone.
HANDS-FREE MOBILE TELEPHONE
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, whether or not the use of either hand is necessary to activate,
deactivate or initiate a function of such telephone.
IMMEDIATE PROXIMITY
The distance that 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.
MOBILE TELEPHONE
The device used by subscribers and other users of wireless telephone
service to access such service.
USING
Holding a mobile telephone to, or in the immediate proximity of,
the user’s ear.
WIRELESS TELEPHONE SERVICE
Two-way real-time voice telecommunications service that is interconnected
to a public switched telephone network and is provided by a commercial mobile
radio service.
Section
204-2 of this chapter shall not apply to:
A. 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, physician’s office or health
clinic; an ambulance company or corps; a fire department, district or company;
or a police department.
B. Any of the following persons while in the performance
of their official duties: a police officer or peace officer; a member of a
fire department, district or company; or the operator of an authorized emergency
vehicle.
C. The use of a hands-free mobile telephone.
A violation of §
204-2 of this chapter shall be punishable by a fine not to exceed $250.