331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION; HAND-HELD COMMUNICATION DEVICES.
   (a)    No person shall operate a vehicle without exercising reasonable and ordinary control over such vehicle.
   (b)    No person shall operate a vehicle 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 vehicle without giving his full time and attention to the operation of such vehicle.
   (d)    No person shall operate a motor vehicle while using a hand-held, personal communication device unless such use is otherwise authorized in this subsection. For the purpose of this subsection, "hand-held, personal communication device" is defined as a portable electronic device capable of transmitting and/or receiving data and includes but is not limited to any of the following components: wireless telephone; internet-connected device; text-messaging or instant-messaging device; computer.
   Subsection (d) of this section shall not apply when/to:
      (1)   A driver is using a hand-held, personal communication device inside a motor vehicle when such vehicle is parked, standing, or stopped and is removed from the flow of traffic; or
      (2)   A driver is using a voice operated or hands-free device which allows one-touch activation and otherwise allows the driver to maintain both hands on the vehicle's steering device while the vehicle is operating; or
      (3)   The operator of an emergency vehicle, or to any person reporting a health or safety emergency to 911 or to applicable police, fire or EMS responder.
   (e)    Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 19-2018. Passed 11-7-18.)