(a) As used in this section:
(1) “Text message” means any message sent, stored or received via mobile communication device. For the purpose of this section, an email message shall be considered a text message.
(2) “Electronic wireless communications device” means a wireless telephone; a text-messaging device; a personal digital assistant; a computer, including a laptop computer and a computer tablet; or any other substantially similar wireless device that is designed or used to communicate text.
(3) “Emergency vehicles” and “public safety vehicles” shall have the same meaning as set forth in Ohio R.C. 4511.01(D) and (E).
(b) No person shall operate a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
(c) Division (b) of this section shall not apply to any of the following:
(1) A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital, or health care provider, fire department, or other similar emergency agency or entity;
(2) A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person’s duties;
(3) A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel;
(4) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
(5) A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving;
(6) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
(7) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(8) A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle. “Voice-operated or hands-free device” means a device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(9) A person driving a vehicle owned or leased by the City who uses an electronic wireless communications device in the course of that person’s duties as an employee of the City.
(d) Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. 19-053. Passed 11-18-19.)