For the purposes of this article, the following words and phrases have the meanings respectively ascribed to them by this section:
Engaging in a call.
Talking into, dialing or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.
Hand-held mobile telephone.
A mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
Hands-free 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, or is a part of the motor vehicle, by which the user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate, deactivate or initiate a function of such telephone.
Mobile telephone.
A device used for wireless telephone service and/or a personal digital assistant for data or telecommunications services other than voice.
Personal digital assistant.
A device operated using a wireless telecommunications service that provides for data communication other than by voice.
Wireless telephone service.
Two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as a cellular service or personal communication service.
(Ordinance 2008-10-42 adopted 10/13/08)
(a) 
Except as otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone, as designated pursuant to this chapter, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send or read messages or data.
(b) 
An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean 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.
(c) 
Subsection (b) shall not apply to:
(1) 
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; a hospital, physician's office or health clinic; or a public safety department;
(2) 
Any law enforcement [officer], police officer, emergency services official, first aid, emergency medical technicians and personnel, or any fire safety official in the performance of duties arising out of and in the course of his or her employment as such; or
(3) 
The use of a hands-free mobile telephone when being used in a hands-free manner.
(Ordinance 2008-10-42 adopted 10/13/08)