[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:
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.
A mobile telephone with which a user engages in a call using
at least one hand.
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.
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.
The device used by subscribers and other users of wireless
telephone service to access such service.
Holding a mobile telephone to, or in the immediate proximity
of, the user's ear.
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.
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 this chapter shall be punishable by a fine not
to exceed $250.
