[HISTORY: Adopted by the Village Council of the Village of Ridgewood 7-16-2003
by Ord. No. 2839. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following
meanings:
- ENGAGE IN A CALL
- Talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
- HAND-HELD MOBILE TELEPHONE
- A mobile telephone with which a user engages in a call using at least one hand.
- 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, 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
- The distance that 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.
- USING
- Holding a mobile telephone to, or in the immediate proximity of, the user's ear.
- WIRELESS TELEPHONE SERVICE
- Two-way real-time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service.
A.
Except as otherwise provided in this chapter, no person
shall operate a motor vehicle upon a public street or highway while using
a mobile telephone to engage in a call while such vehicle 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 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 subsection is rebuttable by evidence
tending to show that the operator was not engaged in a call.
C.
The provisions of this chapter shall not be construed
as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise
provided by law.
A.
(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;
an ambulance company or corps; a fire department, district or company; or
a police department.
(2)
The operator of an authorized emergency vehicle.
(3)
The use of a hands-free mobile telephone.
