(A)   All persons are prohibited from operating a motor vehicle on any street or highway while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion.
   (B)   Any person who violates the provisions of division (A) of this section shall, upon conviction, be punished by a fine of not more than $100.
   (C)   The provisions of division (A) of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation:
      (1)   An emergency response operator;
      (2)   A hospital, physician’s office or health clinic;
      (3)   A provider of ambulance services;
      (4)   A provider of firefighting services; or
      (5)   A law enforcement agency.
   (D)   For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CELLULAR TELEPHONE.  An analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones.
      COMPOSE, SEND or READ.  With respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device.
      ELECTRONIC COMMUNICATION DEVICE.  An electronic device that permits the user to manually transmit a communication or written text by means other than through an oral transfer or wire communication.  This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice-operated global positioning or navigation system that is affixed to a motor vehicle, or a hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function.
      TEXT MESSAGE.  Includes a text-based message, instant message, electronic message, photo, video or electronic mail.
(Ord. 2015-27, passed 11-16-15)