(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HANDS-FREE. The manner in which a wireless handset is operating for the purpose of composing, reading or sending text messages, by using an internal feature or function, or through an attachment or addition, including, but not limited to, an ear piece, head set, remote microphone or short-range wireless connection, thereby allowing the user to operate said device without the use of hands.
INOPERABILITY. A motor vehicle that is incapable of being operated or being operated in a safe and prudent manner due to mechanical failure, including, but not limited to, engine overheating or tire failure.
MOTOR VEHICLE. Any vehicle that is self-propelled by a motor, including, but not limited to, automobiles, trucks, vans, construction vehicles and the like.
PERSON. Any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint stock association or other entity or business organization of any kind.
STOPPED. Not in motion.
TEXT MESSAGE. Also referred to as SHORT MESSAGING SERVICE (SMS). The process by which users send, read or receive messages on a wireless handset, including, but not limited to, text messages, instant messages, electronic messages or e-mails, in order to communicate with any person or device.
USE. To hold a wireless handset in one’s hand.
WIRELESS HANDSET. A portable electronic or computing device, including, but not limited to, cellular telephones, laptop computers and personal digital assistants (PDAs), or other similar electronic or computing device capable of transmitting data to the form of a text message.
(B) Text messaging while driving prohibited.
(1) No person shall use a wireless handset to compose, read or send text messages while operating a motor vehicle on any public street or public highway within the city.
(2) Notwithstanding division (B)(1) above, this law shall not be construed to prohibit the use of any wireless handset by:
(a) Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel and fire safety officials in the performance of duties arising out of, and in the course of, their employment as such;
(b) A person using a wireless handset to contact an individual listed in division (B)(1) above; or
(c) A person using a wireless handset inside a motor vehicle while such motor vehicle is parked, standing or stopped and is removed from the flow of traffic, in accordance with applicable laws, rules or ordinances, or is stopped due to the inoperability of such motor vehicle.
(3) Notwithstanding division (B)(1) above, this law shall not be construed to prohibit a person operating a motor vehicle from utilizing a hands-free wireless handset.
(C) Enforcement and penalties. A violation of any provisions of this section shall constitute a minor misdemeanor and be punishable by a fine not exceeding $150 for each single violation. Each such violation shall constitute a separate and distinct offense.
(D) Preemption. This section shall be null and void on the day that state-wide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the Council.
(Ord. 201-2009, passed 11-9-2009)