[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 7-22-2003 by Ord. No. 874. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ENGAGE IN A CALL
Talking into or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
HANDHELD MOBILE TELEPHONE
A mobile telephone with which a user engages in a call using at least one hand.
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.
A. 
Except as otherwise provided in this section, no person shall operate a motor vehicle upon a public street or highway while using a mobile telephone to engage in a call while such vehicle is in motion.
B. 
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 section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call.
C. 
The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.
Section 35A-2A, B and C 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.