(A) Prohibition. No person shall, except as otherwise provided in this section, use a hand-held mobile telephone or portable electronic device while operating a motor vehicle upon a street or highway in the town, unless that device is specifically designed or configured to allow hands-free listening and talking and is actually used hands-free while operating the motor vehicle.
(B) Definitions.
HAND-HELD MOBILE TELEPHONE or PORTABLE ELECTRONIC DEVICE. A wireless communication device that is designed to engage in calls, receive and transmit text messages, image messages, and data, and which requires being held in one hand.
HANDS-FREE. The use of a mobile telephone or portable electronic device without the use of either hand by employing an internal feature of, or an attachment to, the device.
OPERATING. Being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of a traffic light, stop sign, traffic, or otherwise temporarily immobilized, but excludes operating a motor vehicle when the vehicle has pulled over to the side of the road or off an active roadway and has stopped at a location in which it can safely remain stationary.
(C) Exemptions. This section shall not apply to:
(1) The use of a hand-held mobile telephone or portable electronic device for the sole purpose of communicating with any of the following regarding an immediate emergency situation:
(a) An emergency response operator;
(b) An ambulance company;
(c) Fire department and rescue service personnel;
(d) Law enforcement personnel;
(e) A hospital; or
(f) A physician's office or health clinic.
(2) The activation or deactivation of a hands-free use, so long as the hand-held mobile telephone or portable electronic device is securely configured and attached to the vehicle or integrated into the vehicle.
(3) Emergency service or law enforcement personnel using a hand-held mobile telephone or portable electronic device while acting in the course and scope of his or her duties.
(1) A person who violates this section and is not involved in a motor vehicle collision is subject to a civil penalty of $50 for the first violation, $100 for the second violation, and $200 for the third violation.
(3) A person who violates this section and is involved in a motor vehicle collision is subject to a civil penalty of a minimum amount of $250.
(Ord. 02-2017, passed 4-13-2017)