[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 2-11-2003 by Ord. No. 03-4. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
A mobile telephone with which a user engages in a call using
at least one hand.
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.
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 car.
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.
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 section, 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 section shall not be construed
as authorizing the seizure or forfeiture of a mobile telephone, unless
otherwise provided by law.
Section 195-2 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; 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 of the following persons while in the performance
of their official duties: a police officer or peace officer; a member
of a fire department, district or company; or the operator of an authorized
emergency vehicle as defined in section one hundred one of this chapter;
or
C.
The use of a hands-free mobile telephone.
