[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 6-22-10 as Ord. No. 2010-24. Amendments noted where applicable.]
As used in this section, the words and phrases herein defined shall have the following meaning, unless the context otherwise requires:
- ENGAGE A CALL
- Talking or listening on a hand-held mobile telephone or texting.
- HAND-HELD 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
- That distance as 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.
- Holding a mobile telephone to, or in the immediate proximity of, the user's ear or used to text.
- WIRELESS TELEPHONE SERVICE
- Two-way real time voice telecommunications service that is interconnected to a public switched telephone network.
Except as otherwise provided in this section, no person shall operate a motor vehicle in the Town including a School Parking Lot while using a mobile telephone to engage in a call or texting while such vehicles is in motion.
An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear, or text while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone.
Section 88A-2 of this chapter shall not apply to:
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; physician's office or health clinic; an ambulance company; a Fire Department; or a Police Department; or
Any of the following persons while in the performance of their official duties: a Police Officer; a member of a Fire Department; or the operator of an authorized emergency vehicle; or
The use of a hands-free mobile telephone.
Any person violating any provision of this chapter shall be punished for a first conviction by a fine of not more than $100; for a second such conviction within one year thereafter by a fine of not more than $200; and upon a third or subsequent conviction within one year after the first conviction by a fine of not more than $500.