ACTUAL PHYSICAL CONTROL: Being in the driver's position of the motor vehicle with the motor running or with the motor vehicle moving.
HANDS FREE WIRELESS TELEPHONE: A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand. A hands free wireless telephone may include a cellular phone, provided the phone is mounted to the interior of the motor vehicle and is not handheld.
MOBILE ELECTRONIC DEVICE: Any handheld portable electronic equipment capable of providing wireless or data communication between two (2) or more persons or of providing amusement, including, but not limited to, a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video or music player or digital photographic device, but does not include an amateur radio, any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation or communication for essential public services, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear of the motor vehicle.
USE: Holding a mobile electronic device while talking or listening to another person on the telephone, text messaging, or sending an electronic message via a mobile electronic device. Use shall not include the use of a hands free wireless telephone. (Ord. 1201, 2016)