331.45  USE OF ELECTRONIC COMMUNICATION PROHIBITED WHILE DRIVING.
   (a)    No holder of a temporary instruction permit who has not attained the age of eighteen years and no holder of a probationary driver's license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
   (b)    Subsection (a) of this section does not apply to either of the following:
      (1)    A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)    A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel;
      (3)    A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
   (c)   (1)    Except as provided in subsection (c)(2) of this section, whoever violates subsection (a) of this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of sixty days.
      (2)    If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of one year.
   (d)    As used in this section, "electronic wireless communications device" includes any of the following:
      (1)    A wireless telephone;
      (2)    A personal digital assistant;
      (3)    A computer, including a laptop computer and a computer tablet;
      (4)    A text-messaging device;
      (5)    Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
         (Ord. 49-12.  Passed 11-6-12.)