[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:
Talking or listening on a hand-held mobile telephone or texting.
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.
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.
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.
Two-way real time voice telecommunications service that is
interconnected to a public switched telephone network.
A.
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.
B.
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:
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; physician's office or health clinic; an ambulance
company; a Fire Department; or a Police Department; or
B.
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
C.
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.
