[Adopted 10-8-2009 by Ord. No. 511]
As used in this article, the words and phrases herein defined shall have the following meaning, unless the context otherwise requires:
HANDS-FREE ACCESSORY
An attachment, add-on, built-in feature, or addition to a mobile telephone.
MOBILE TELEPHONE
A cellular, analog, wireless, or digital telephone capable of sending or receiving telephone messages without an access line for service.
USE
Talking, placing, or receiving a call, or attempting to place or receive a call, or texting or attempting to send a text, or e-mail on a mobile telephone or other electronic devices.
A. 
No person shall use a mobile telephone while operating a moving motor vehicle or while riding a bicycle within the corporate limits of the Town of Elsmere unless the telephone or device is equipped with a hands-free accessory.
B. 
The provisions of this article shall not apply to the following:
(1) 
Emergency use of a mobile telephone, including calls to the 911 center, a hospital, an ambulance service provider, a fire department, a law enforcement agency, or a first-aid squad; and
(2) 
Use of a mobile telephone by law enforcement and emergency personnel or by a driver of an authorized emergency vehicle acting within the scope of their official duties.
Upon conviction for a violation of the provisions of this article, a person shall be fined $50.
The provisions of this article shall be deemed effective on January 1, 2010.