For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein:
BICYCLE: Mechanical transportation device propelled solely by human power, having two (2) tandem wheels, and a seat height of more than twenty five inches (25") from the ground; or a mechanical transportation device equipped with two (2) or three (3) wheels, foot pedals to permit muscular propulsions, and an independent power source that provides a maximum of two (2) brake horsepower, with a piston or rotor displacement of not more than 3.05 cubic inches, fifty centimeters (50 cm).
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE: Mechanical transportation device having two (2) nontandem wheels, being self-balancing, and designed to transport only one person with an electric propulsion system that limits the maximum speed to twelve and one-half (121/2) miles per hour.
ENGAGE IN A CALL: Talking into or listening on a handheld mobile telephone, but not including holding a handheld mobile telephone to activate, deactivate, or initiate a function of the telephone.
HANDHELD MOBILE TELEPHONE: A mobile telephone with which a user engages in a call using at least one hand.
HANDS FREE ACCESSORY: An attachment, add on, built in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that when used allows the vehicle operator to maintain both hands on the steering wheel.
HANDS FREE MOBILE TELEPHONE: A handheld mobile telephone that has an internal feature or function or that is equipped with a hands free accessory, whether or not permanently part of the handheld mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of the telephone.
IMMEDIATE PROXIMITY: The distance that permits the operator of a handheld mobile telephone to hear telecommunications transmitted over a handheld mobile telephone, but does not require physical contact with the operator's ear.
MOBILE ELECTRONIC DEVICE: Any handheld or other portable electronic equipment capable of providing data communication between two (2) or more persons, including a text messaging device, a mobile telephone when used for text messaging, a paging device, a personal digital assistant, or a laptop computer; equipment that is capable of playing a video game or a digital video disk; equipment on which digital photographs are taken or transmitted; or any combination of those functions.
The term does not include two-way radios, audio equipment, or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle.
MOBILE TELEPHONE: A cellular, analog, wireless, or digital telephone capable of sending or receiving telephone communications without an access line for service.
MOTOR VEHICLE: Mechanical transportation device propelled by its own power and designed or used to transport persons or property upon streets, alleys, and other public rights-of-way, except those moved by animal power or used exclusively upon stationary rails or tracks. This includes any car, truck, motor home, motorcycle, quadricycle, and medium speed electric vehicle having a maximum speed of forty five (45) miles per hour, propelled by an electric motor or other device that transforms electrical energy into motion, stores electricity in batteries, ultracapacitors, or other devices charged from a power grid or renewable electrical energy source, fully enclosed with at least one door for entry, and having a wheelbase of forty inches (40") or greater and a wheel diameter of ten inches (10") or greater.
MOTORIZED NONSTANDARD VEHICLE: Mechanical transportation device propelled by its own power, using an internal combustion engine or an electric motor and having a wheelbase of less than forty inches (40") and a wheel diameter of less than ten inches (10"). This includes any motorized skateboard and pocket rocket.
OPERATING: Being in actual physical control of a vehicle, whether or not the vehicle is moving, while in a driving lane on any public street or highway right-of-way, riding a bicycle on a sidewalk, or being in actual physical control of a moving vehicle on an alley right-of-way.
USING OR USE: Holding a handheld mobile telephone or a mobile telephone in the user's hand, or holding said devices or telephones to the user's ear or in immediate proximity to the user's ear or face, or activating or physically manipulating or controlling a mobile electronic device.
VEHICLE: Any motorized vehicle, motorized nonstandard vehicle, electric personal assistive mobility device, or bicycle. (Ord. 15-01, 11-9-2015)