[HISTORY: Adopted by the City Council of the City of Orange
Township 5-15-2001 by Ord. No.
12-2001. Amendments noted where applicable.]
It is the purpose of the chapter and the policy of the municipality
to regulate the use of mobile telephones by persons operating motor
vehicles in order to protect other persons within the municipality.
This chapter shall be liberally construed and applied to promote its
purposes and policy.
includes but is not limited to cellular analog, wireless
and digital telephones.
For an automatic transmission vehicle that the vehicle is
in the park gear, for a standard transmission vehicle that the vehicle
is in the neutral gear and the brake is being utilized or the vehicle
is otherwise stationary.
To use a mobile telephone in: (a) dialing; (b) answering;
(c) talking; (d) listening or (e) reading an optical display.
A.
Permitted uses. Notwithstanding anything contained in this chapter
to the contrary, this chapter shall not be construed to prohibit the
use of mobile telephones by:
(1)
Any law enforcement, public safety or police officers or emergency
management personnel in the performance of duties arising out of and
in the course of their employment;
(2)
A person who is using the mobile telephone to contact public safety
forces; or
(3)
A person who is using the mobile telephone while maintaining the
vehicle in the parked position on public or private property, or with
a "hands free device" which allows the operator to maintain both hands
on the applicable vehicle steering device while using the mobile telephone.
B.
Restrictions. No person shall operate a motor vehicle on any street
or highway while engaging in any conduct defined as the "use" of a
mobile telephone unless the operator is using a mobile telephone with
"hands free" technology for dialing, answering, talking and listening,
and also maintains both hands on the applicable steering device.
Violations of any provision of this chapter shall be punishable
by a fine not to exceed two hundred fifty dollars ($250.).
In the event that any provision of this chapter is found by
a Court of competent jurisdiction to be invalid, unconstitutional
or unenforceable, such provision shall be deemed severable from the
remainder of this chapter and shall not cause the invalidity or unenforceability
of the remainder of the chapter; and if a provision shall be deemed
invalid only because of excessive scope of breadth, the provision
shall be deemed valid to the extent of the scope and breadth permitted
by law.
