A.
General provisions.
It shall be unlawful for any person to operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call or create, send or read text messages while such vehicle is in motion.
1. Engage in a call. Handheld mobile telephone. Hands-free mobile telephone. Mobile telephone. Personal digital assistant. Wireless telephone service.
For purpose of this section the following definitions apply:
Talking into, dialing or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such 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).
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 (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.
The device used by subscribers and other users of wireless telephone service to access such service and shall include personal digital assistants.
A device operated using a wireless telecommunications service operated using a wireless telecommunications service that provides for data communication other than by voice.
Two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service.
2.
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. The presumption established by this section is rebuttable by evidence tending to show that the operator was not engaged in a call. “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 contact with such operator’s ear.
3.
This section shall not apply to:
a.
The use of a mobile telephone for the sole purpose of communication with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department;
b.
Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or
c.
The use of a hands-free mobile telephone when being used in a hands-free manner.
B.
Penalties.
The penalty for a first conviction or plea of nolo contendere for a violation of subsection A of this section shall be fifty dollars ($50.00). The penalty for a second conviction or plea of nolo contendere for a violation of subsection A of this section shall be one hundred dollars ($100.00). The penalty for all subsequent convictions or pleas of nolo contendere for violation of subsection A of this section shall be one hundred fifty dollars ($150.00).
(Ordinance 07-09 adopted 2007)