a. Operation of handheld device while driving.
1. Generally. Except as otherwise provided in division a.2. below, no person shall operate a vehicle on a public street or highway within the town limits while using a handheld electronic communication device for the purpose of texting, emailing or instant messaging.
2. Exceptions. The provisions of this section shall not apply to the following:
(a) Any person using a handheld electronic communication device while maintaining a vehicle in a stationary and parked position;
(b) Any person using a handheld electronic communication device for voice communication while operating or using the vehicle;
(c) Any of the following persons while in the performance of their official duties: a law enforcement officer, a firefighter, emergency medical technician or other public safety official while in the performance of the person’s official duties; or
(d) Any person using a handheld electronic communication device to call 911 or other emergency telephone numbers to contact public safety forces.
b. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC COMMUNICATIONS DEVICE. An electronic device used for the purpose of composing, reading or sending an electronic message, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
ELECTRONIC MESSAGE. A self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. ELECTRONIC MESSAGE includes, but is not limited to, electronic mail, a text message, an instant message or a command or request to access an internet site.
c. Additional provisions.
1. Generally. It shall be unlawful for a person to use an electronic communication device to compose, read or send an electronic message while operating a motor vehicle on the streets and roads within the town.
2. Exceptions. This section shall not apply to a person operating a motor vehicle while:
(a) Off the traveled portion of a roadway;
(b) Using an electronic communication device in a hands free, voice-activated or voice- operated mode that allows the driver to review, prepare and transmit an electronic message without the use of either hand except to activate, deactivate or initiate a feature or function;
(c) Summoning medical or other emergency assistance; or
(d) Using a citizens band radio, commercial two-way radio communication device, in- vehicle security or amateur or ham radio device.
d. Penalty. A person who violates this section is guilty of misdemeanor, distracted driving and, upon conviction, shall be fined $100 for a first offense, $200 for a second offense and $300 for a third or subsequent offense. This fine is subject to all applicable court costs, assessments and surcharges.
e. Enforcement. Law enforcement officers must not:
1. Stop a person for violating this section unless the officer has probable cause that a violation has occurred based on the officer’s clear and unobstructed view of a person’s use of the handheld electronic communication device while driving or operating a vehicle upon the public streets and highways of the city. If an arresting officer has probable cause to believe that the vehicle driver has violated this section, the officer may subpoena the telephone records of that device. The arresting officer or the defendant may admit as evidence, without providing a chain of custody, the telephone number or texting information, or both, that are relevant to a violation of this section; or
2. Seize or require the forfeiture of a handheld electronic communication device because of a violation of this section.
(Ord. 2014-07, passed 8-4-2014)