(a) As used in this section:
(1) “Text message” means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”
(2) “Wireless handset” means a portable electronic device capable of transmitting or receiving data in the form of a text message.
(b) No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the City of Cleveland.
(c) Notwithstanding the provisions of division (b), 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) A driver using a wireless handset to contact any law enforcement, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or
(2) 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.
(d) Penalty. Whoever violates this section shall be fined one hundred dollars ($100.00) for the first offense, two hundred and fifty dollars ($250.00) for a second offense, and no more than five hundred dollars ($500.00) for each subsequent offense.
(Ord. No. 105-09. Passed 4-13-09, eff. 7-13-09)