[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades
Park 7-15-2003 by Ord. No. 1421. 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 that has 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 ear.
The device used by subscribers and other users of wireless telephone
services to access such service.
Holding a mobile telephone to, or in the immediate proximity of,
the user's car.
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.Â
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 unless
such operator is engaged in a hands-free call.
B.Â
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 rebutable by evidence
tending to show that the operator was not engaged in a call.
C.Â
The provisions of this section shall not be constructed
as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise
provided by law.
A violation of this chapter shall be punishable by a fine not to exceed
$250.