§ 72.058 FAILURE TO CONTROL; WEAVING; FULL TIME ATTENTION; SENDING, READING, OR WRITING A TEXT MESSAGE OR ACCESSING THE INTERNET WHILE DRIVING.
   (A)   No person shall operate a motor vehicle or motorcycle without exercising reasonable and ordinary control over such vehicle.
   (B)   No person shall operate a motor vehicle or motorcycle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.
   (C)   No person shall operate a motor vehicle or motorcycle without giving his full time and attention to the operation of such vehicle.
   (D)   No person shall operate a motor vehicle or motorcycle while using a mobile communication device to:
      (1)   Manually write, send, read or reply to a text message; or
      (2)   Send, read, create, or interact with internet-based content, play games or otherwise interact with the internet.
      (3)   Division (D) shall not apply to:
         (a)   Operators of emergency or public safety vehicles where the operator of a public safety vehicle uses such device in the course of the operator's official duties;
         (b)   Any person reporting a health or safety emergency;
         (c)   Drivers parked, standing or stopped and removed from the flow of traffic, or stopped due to an inoperable vehicle.
      (4)   As used in division (D):
         (a)   TEXT MESSAGE means any message sent, stored or received via mobile communications device. For the purposes of this section, an email message and an instant message shall be considered a text message.
         (b)   MOBILE COMMUNICATIONS DEVICE means any portable electronic device capable of transmitting or receiving data in the form of a text message or capable of accessing the internet, including but not limited to a wireless telephone, a text-messaging device, a personal digital assistant, or a personal computer, but specifically excluding a commercial portable mobile data terminal and a global positioning or navigation system being used for that purpose.
         (c)   EMERGENCY VEHICLES and PUBLIC SAFETY VEHICLES have the same meaning as set forth in R.C. § 4511.01(D) and (E).
   (E)   A violation of any of the divisions of this section shall be considered a primary offense.
   (F)   Whoever violates divisions (C) or (D) of this section shall be guilty of a fourth degree misdemeanor.
('80 Code, § 331.34) (Am. Ord. 08-11, passed 2-14-11) Penalty, see § 70.99