It shall be unlawful for any person to:
(A) Drive while having in his lap any person, adult or minor, or any animal, nor shall the driver of a vehicle be seated in the lap of any other person.
(B) Drive a vehicle while having either arm around another person.
(C) Knowingly permit any other person to interfere with the steering mechanism or the acceleration of the vehicle.
(D) Carry any animal in or upon any vehicle in a cruel, inhumane, or unsafe manner. Animals carried in the bed of trucks must be crated or restrained upon a non metal mat so that they cannot fall or jump from the truck.
(E) Except as otherwise provided below, no person shall 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.
(1) For purposes of this division, the following definitions apply:
ENGAGE IN A CALL. Talking into, dialing 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 (or prosthetic device or aid in the case of a physically disabled person).
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 (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.
MOBILE TELEPHONE. The device used by subscribers and other users of wireless telephone service to access such service and shall include Personal Digital Assistants.
PERSONAL DIGITAL ASSISTANT. A device operated using a wireless telecommunications service that provides for data communication other than by voice.
WIRELESS TELEPHONE SERVICE. 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 is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision 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 physical contact with such operator's ear.
(3) Division (E) 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 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.
(F) The penalty for a first conviction or plea of nolo contendere for a violation of division (E) shall be $100.00. The penalty for all subsequent convictions or pleas of nolo contendere for violation of division (E) shall be $200.00.
('74 Code, § 9-5-4.26) (Ord. 65-1974; Am. Ord. 42-1992; Am. Ord. 4-2007; Am. Ord. 16-2010)