331.34  FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.
   (a)   No person shall operate a vehicle without exercising reasonable and ordinary control over such vehicle.
   (b)   No person shall operate a vehicle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
   (c)   No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle, including but not limited to refraining from such operation while  composing, sending or reading text messages using a wireless handset while driving a motor vehicle in the City of Ashtabula.
   (d)   As used in this section:
      (1)   "Text message" means a message sent or received via a process using wireless handsets. For the purpose of this section, an e-mail shall be considered a "text message."
      (2)   "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message.
   (e)   Notwithstanding the provision of division (c), this Section shall not be construed to prohibit the use of a wireless handset inside a motor vehicle to compose, send or read a text message by:
      (1)   A driver using a wireless handset to contact any law enforcement, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or
      (2)   A driver using a wireless handset inside a motor vehicle while such vehicle is parked, standing or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle.
   (f)   Enforcement for this offense shall be primary.
   (g)    Whoever violates this section shall be fined one hundred dollars ($100.00) for the first offense, two hundred and fifty dollars ($250.00) for a second offense, and no more than five hundred dollars ($500.00) for each subsequent offense.
   (h)   The provisions of Section 331.34 (c) shall take effect thirty (30) days after the effective date of this section. 
(Ord. 2010-59.  Passed 6-7-10.)