(A) Electronic communication devices, for purposes of this section, include but are not limited to a wireless telephone, cellular phone, car phone, personal digital assistant, or any other form of portable or mobile computer while being used for the purpose of composing, reading or sending an electronic message (text), but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
(B) ELECTRONIC MESSAGE or TEXT, for purposes of this section means a self contained piece of digital communication that is designed or intended to be transmitted between physical devices, including, but not limited to electronic mail, text messages, instant messages, or a command to request access to an or view an internet site.
(C) No person, in the geographical boundaries of Hammond, may operate a motor vehicle on any Hammond road, or state or county road located in Hammond, while using an electronic communication device to compose, send, forward or read an electronic message.
(D) Exceptions to prohibition. This prohibition will not prevent a law enforcement officer or emergency responder performing official duties which require such communication; a driver using an electronic communication device which is hands free or voice activated; a commercial motor vehicle reading a message on a permanently installed communication device; a driver who has parked on private property or is located on the shoulder of the road or completely stopped in traffic or by a train, if the vehicle is in park or neutral at the time of the communication. Use of the device to report an emergency situation including law enforcement, health care provider, fire department or first responder is permitted at the location and time of an emergency only.
(E) Penalty. Each instance of communication is a separate violation, punishable by a penalty of up to $2,500.
(Ord. 9094, passed 2-14-2011)