(a) Engaging in a Call. Handheld Wireless Communication Device. Hands-Free Wireless Communication Device. Personal Digital Assistant. Wireless Communication Device. Wireless Communication Service.
For purposes of this section the following definitions apply:
Talking into, dialing or listening on a handheld wireless telecommunication device, but shall not include holding a wireless telecommunications device to activate or deactivate such device.
A wireless communication device 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).
A wireless communication device that has an internal feature or function, or that is equipped with an attachment of addition, whether or not permanently part of such device, or is a part of the motor vehicle, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), is necessary to activate, deactivate or initiate a function of such a device.
A device operated using a wireless telecommunications service that provides for data communication other than by voice.
The device used by subscribers and other users of wireless telephone service to access such service and shall include personal digital assistants.
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.
(b)
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 article, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting handheld wireless communication device use are posted in place, while using a handheld wireless communication device to engage in a call or to create, send or read messages.
(c)
An operator of a motor vehicle who holds a wireless communication device 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 wireless communication device to hear telecommunications transmitted over such device, but shall not require physical contact with such operator’s ear.
(d)
Subsection (b) shall not apply to:
(1)
The use of a handheld wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, a physician’s office or health clinic; or a public safety department;
(2)
Any law enforcement, 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 an emergency in the course of his or her employment as such; or
(3)
The use of a hands-free wireless communication device when being used in a hands-free manner.
(e)
The violation of this section is a strict liability offense.
(Ordinance 1227 adopted 9/1/09)