(a) As used in this section:
(1) “Text messaging” means a message sent or received via processing using a mobile communication device. For the purposes of this section, an email shall be considered a "text message".
(2) "Mobile communication device" means a portable electronic device capable of transmitting or receiving data in the form of a text message including, but not limited to, wireless telephone, text messaging device, personal digital assistant, computer or other devices designed or used to communicate text or data.
(b) No person shall use a mobile communication device to compose, send or read text messages while driving a motor vehicle in the Municipality of Canfield.
(c) Notwithstanding the provisions in division b, this section shall not be construed to prohibit the use of a mobile communication device inside a motor vehicle to compose, send or read a text message by:
(1) A driver using a communication device to contact any law enforcement or police officers, emergency services personnel, emergency medical technicians or fire safety officials utilizing the device to report an emergency situation; or
(2) A driver using a mobile communication device inside a motor vehicle while such vehicle is parked and removed from the flow of traffic, in accordance with applicable laws or rules.
(d) Penalty. Whoever violates this section shall be fined one hundred dollars ($100.00) for the first offense; two hundred fifty dollars ($250.00) for the second offence; and no more than five hundred dollars ($500.00) for each offense thereafter.
(Ord. 2010-42. Passed 9-1-10.)