[Ord. No. 1221 § 1, 10-20-2014]
A.
Except as otherwise provided in this Section, no person operating
a moving motor vehicle upon the roads exclusively within the jurisdiction
of the City of Breckenridge Hills, Missouri, by means of a hand-held
electronic wireless communications device, may send, read, or write
a text message or electronic message.
B.
Except as otherwise provided in this Section, no person shall operate
a commercial or City motor vehicle while using a wireless communications
device to send, read, or write a text message or electronic message.
C.
1.
An authorized emergency vehicle; or
2.
A moving motor vehicle while using a hand-held electronic wireless
communications device to:
a.
Report illegal activity;
b.
Summon medical or other emergency help;
c.
Prevent injury to a person or property;
d.
Relay information between a transit or for-hire operator and
that operator's dispatcher, in which the device is permanently
affixed to the vehicle;
e.
Engage in police activity and/or investigation; or
f.
Engage in City business.
D.
Nothing in this Section shall be construed or interpreted as prohibiting
a person from making or taking part in a telephone call, by means
of a hand-held electronic wireless communications device, while operating
a non-commercial motor vehicle upon the roads exclusively within the
jurisdiction of the City of Breckenridge Hills.
E.
As used in this Section, "electronic message" means a self-contained
piece of digital communication that is designed or intended to be
transmitted between hand-held electronic wireless communication devices.
"Electronic message" includes, but is not limited to, electronic mail,
a text message, an instant message, or a command or request to access
an Internet site.
F.
As used in this Section, "hand-held electronic wireless communications
device" includes any hand-held cellular phone, palm pilot, BlackBerry®,
or other mobile electronic device used to communicate verbally or
by text or electronic messaging, but shall not apply to any device
that is permanently embedded into the architecture and design of the
motor vehicle.
G.
As used in this Section, "making or taking part in a telephone call"
means listening to or engaging in verbal communication through a hand-held
electronic wireless communications device.
H.
As used in this Section, "send, read, or write a text message or
electronic message" means using a hand-held electronic wireless telecommunications
device to manually communicate with any person by using an electronic
message. Sending, reading, or writing a text message or electronic
message does not include reading, selecting, or entering a phone number
or name into a hand-held electronic wireless communications device
for the purpose of making a telephone call.
I.
A violation of this Section shall be deemed an infraction and shall be deemed a moving violation for purposes of point assessment as assessed by the Missouri Department of Revenue and Section 100.090 of the City of Breckenridge Hills Code, but under no circumstances may a person be imprisoned for such an infraction.
J.
The provisions of this Section shall not apply to:
1.
The operator of a vehicle that is lawfully parked or stopped;
2.
Any of the following while in the performance of their official
duties: a law enforcement officer, a member of a fire department;
or the operator of a public or private ambulance;
3.
The use of factory-installed or aftermarket global positioning
systems (GPS) or wireless communications devices used to transmit
or receive data as part of a digital system;
4.
The use of voice-operated technology;
5.
The use of two-way transmitters or receivers by a licensee of
the Federal Communications Commission in the Amateur Radio Service.
