(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HANDS-FREE MOBILE DEVICE.
(a) A device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such device, which is not held by the driver during motor vehicle use. The device must not obstruct the driver’s view of the front or sides of the motor vehicle or interfere with the safety or operating equipment of the motor vehicle.
(b) A device that is programmed before a person begins to drive or operate a motor vehicle such as a global positioning device (GPS).
MOTOR VEHICLE, DRIVE and DRIVER. Have the same meaning as those terms are defined in A.R.S. Title 28, Ch. 1, Transportation.
PORTABLE COMMUNICATIONS DEVICE. Any handheld mobile telephone, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, electronic game, or portable computing device.
USE. Holding a portable communications device and performing illegal activities stated in division (B).
(B) Illegal activities. Illegal motor vehicle driver activities include:
(1) A person shall not drive a motor vehicle while using a portable communications device to engage in a call unless that device is configured to allow hands-free listening and talking, and is used exclusively in that manner while driving.
(2) Texting and typing while operating a motor vehicle are banned.
(C) Exemptions. This section does not apply to any of the following:
(1) When the driver uses a hands-free mobile device;
(2) When the purpose of the call is to communicate an emergency to a Police or Fire Department, a hospital or physician’s office, or an ambulance corps;
(3) When operating an authorized law enforcement or emergency vehicle in the performance of official duties;
(4) When a driver holds a valid amateur radio operator license issued or any license issued by the Federal Communications Commission or the driver uses a two-way radio, including radios used in the Citizens Band (CB) service;
(5) When a person is driving a school bus or transit vehicle that is subject to Arizona Revised Statutes or United State Department of Transportation regulations;
(6) When a person is driving a motor vehicle on private property; and
(7) When a driver has pulled off of the traveled portion of the roadway in a safe and legal location and placed the vehicle in park in order to operate a handheld portable communications device.
(D) Enforcement and penalties.
(1) Enforcement shall be the responsibility of the city, county and State of Arizona law enforcement representatives.
(2) A law enforcement officer may stop a motor vehicle or motor driven cycle if the officer has reasonable cause to believe a violation of this section is occurring.
(3) A violation of this section is a civil traffic violation.
(4) A person found to be in violation of this section and not involved in a motor vehicle crash is subject to a civil penalty of $100 plus any other penalty assessment authorized by law.
(5) A person found to be in violation of this section and involved in a motor vehicle crash is subject to a civil penalty of $250 plus any other penalty assessments authorized by law.
(6) Violations of this section shall be administered pursuant to the procedures for civil traffic violations as set out in A.R.S. §§ 28-1591 through 28-1601.
(E) Warning period. For the purpose of informing and educating persons who operate motor vehicles and motor driven cycles any law enforcement officer may only issue verbal warnings to persons who would be violating the section for a six month period after the section is adopted.
(F) For any violation of this section, in addition to any other penalties, a civil fine in the amount of $100 per violation will be assessed and due to the town. Such civil fine shall not apply in the case of any violation of this section where a motor vehicle accident occurred as per the restrictions of A.R.S. § 28-1598.
(Ord. 14-002, passed 7-8-2014)