(a) As used in this section:
Electronic Communication Device: An electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer while being 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.
Using: Shall include, without limitation: 1) talking or listening to another person on a telephone; 2) text messaging; 3) sending, reading or listening to an electronic message; and, 4) viewing or accessing internet sites.
Wireless Telephone: A device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.
(b) Except as provided in subsection (c) of this section, it is unlawful for any person to drive or operate a motor vehicle while using any wireless telephone or electronic communication device.
(c) It is an exception to the prohibition in subsection (b) of this section if:
(1) The operator of a motor vehicle uses a wireless telephone solely in a voice activated or other hands free mode that allows the driver to talk to and listen to the other party on the telephone without the use of the driver's hands;
(2) The operator of a motor vehicle is using a wireless telephone or electronic communication device for the purpose of contacting or communicating with public safety or other emergency service providers while driving a motor vehicle;
(3) The prohibition in subsection (b) of this section shall not apply to law enforcement officers and operators of emergency vehicles when on duty and acting in their official capacities;
(4) The driver of a commercial motor vehicle is reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed ten inches (10") tall by ten inches (10") wide in size;
(5) A driver is using a wireless telephone or electronic communication device while lawfully parked on the shoulder of a roadway;
(6) A driver is using a wireless telephone or electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park.
(d) Any person violating any provision of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. (Ord. 0-11-40, 10-17-2011)