(A) Prohibited: No person shall use or have in their immediate physical possession a handheld electronic communications device while operating a motor vehicle, motorcycle, quadricycle, or a bicycle on a public highway within the city limits.
(B) Devices: "Handheld electronic communications device" includes wireless or cellular phones, PDAs, Blackberries, smartphones, laptop and notebook computers utilizing VoIP (voice over internet protocol) technology, wireless and cellular phones utilizing push-to-talk technology, GPS systems, navigational systems, and any other mobile communication device that uses shortwave analog or digital radio transmissions between the device and a transmitter to permit wireless communications to and from the user of the device.
(C) Possession: "Immediate physical possession" means touching the handheld electronic communications device, or physically holding the device in one's hand or up to one's ear. Simply having the electronic communications device on one's person or in a motor vehicle does not constitute immediate physical possession.
(D) Exceptions:
1. This provision shall not apply to any person reporting a health, fire, safety, or police emergency.
2. This provision shall not apply to governmental fire agencies, ambulance services, law enforcement agencies, emergency responders, or any other "authorized emergency vehicle" as defined in Montana Code Annotated 61-8-102(2)(a).
3. This provision shall not apply to passengers in a motor vehicle, or persons using a handheld electronic communications device while maintaining a motor vehicle in a stationary position, not in gear, while in a parking lane or space out of moving traffic lanes.
4. This provision shall not apply to persons using a "hands free device". A "hands free device" is an external device that connects to a wireless telephone, wireless communications device or electronic communications device that allows use of the device without touching the telephone or wireless or electronic communications device with one's hands, and includes voice activated technologies that can be utilized without touching the device. Use of a hands free device is permitted while operating a motor vehicle provided the driver does not touch the wireless telephone or wireless or electronic communications device with one's hands while operating a motor vehicle.
5. This provision shall not apply to drivers using two-way radios while in the performance and scope of their work related duties.
6. This provision shall not apply to drivers holding a valid amateur radio operator license issued by the federal communications commission while using a two-way radio.
(E) Penalties: Any person found in violation of this section shall be deemed guilty of a misdemeanor. (Ord. 879, 6-6-2011, eff. 10-1-2011)