(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