As used in this chapter, the following terms
shall have the meanings indicated:
MOBILE COMMUNICATION DEVICES
Includes but not limited to cellular, analog or wireless
and digital telephones, devices commonly known as "walkie-talkies"
and devices having both features.
PARK
For an automatic transmission vehicle, that the vehicle is
in the park gear; for a standard transmission, that the vehicle is
in the neutral gear and the brake is being utilized or the vehicle
is otherwise stationary.
USE
To use a mobile communication device in dialing, answering,
talking or listening.
It is the purpose of this chapter and the policy
of the municipality to regulate the use of mobile telephones by persons
operating motor vehicles in order to protect themselves and other
persons within the municipality. This chapter shall be liberally construed
and applied to promote its purposes and policy.
Notwithstanding anything contained in this chapter
to the contrary, this chapter shall not be construed to prohibit the
use of mobile telephones for the sole purpose of contacting 911 emergency
services, hospitals, ambulances or first aid squads, police, fire
and emergency services, hospitals, officials or any individual or
other entity, provided that the motor vehicle is in the parked position,
either on public or private property, or any individual or other entity,
provided that the use is conducted with a "hands-free
device" which allows the operator to maintain both hands on the applicable
steering device while using the mobile communication device.
No person shall operate a motor vehicle on any
street or highway while engaging in any conduct defined as the use
of a mobile communication device unless the operator is using hands-free
technology for dialing, answering, talking and listening and has the
ability at all times to maintain both hands on the applicable steering
device.
Violations of any provision of this chapter
shall be punishable by a fine not to exceed $250, except when the
operator of a motor vehicle in violation of this section is involved
in a motor vehicle accident involving injury, death or property damage
where the fine shall be doubled.