(a) "Text message" means a message composed, sent or received via a process using wireless handset that requires the use of one or both hands to compose, send, activate receipt of, or read a message. For the purposes of this section, an e-mail shall be considered a "text message" if sent or received by a wireless handset.
(b) "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message.
(c) No person shall use a wireless handset to compose, send, activate receipt of, or read any text message while driving a motor vehicle in the City of Berea.
(d) Notwithstanding the provisions of subdivision (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) Any law enforcement, public safety or police officers, emergency services, first aid, or emergency medical technicians or personnel, or fire safety officials, while performing official duties;
(2) A driver using a wireless handset to contact an individual listed in paragraph one of this subdivision to report an emergency situation; or
(3) 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.
(e) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway in the City to stop the vehicle for the sole purpose of determining whether a violation of subsection (c) hereinabove has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any motor vehicle being operated on any street or highway in the City for the sole purpose of determining whether a violation of that nature has been or is being committed.
(f) Whoever violates this section shall be fined not more than one hundred dollars for the first offense, two hundred fifty dollars for a second offense, and no more than five hundred dollars for each subsequent offense.
(Ord. 2011-8. Passed 1-18-11.)