(a) As used in this section, "mobile communication device" includes any of the following:
(1) A wireless telephone;
(2) A text-messaging device;
(3) A personal digital assistant;
(4) A computer used for personal communications between persons;
(5) Any other substantially similar wireless device that is designed or used to communicate text or data.
(6) As used in this section "text message or text messaging" means the act of touching the key(s)/virtual keys(s) or mouse or mouse pad of the mobile communication device for the purpose of sending a message electronically or responding to a message received.
(7) Use or using means the act of talking on a cell phone, answering a cell phone or causing numbers to be entered into a cell phone so that a number may be entered and called.
(b) No person shall text message on a mobile communication device while operating a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic.
(c) No person shall use a mobile communication device for audio style communication while operating a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic, except and unless the mobile communication device is specifically designed for hands-free operation and employed in that manner.
(d) No person under eighteen (18) years of age shall use any mobile communication device while operating a motor vehicle.
(e) Any law enforcement officer with reasonable suspicion may cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b), (c), or (d) hereof has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for the violation or for causing the arrest of or commencing a prosecution of a person for the violation. Any law enforcement officer may view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether the violation of this section has been or is being committed.
(f) Penalty. Whoever violates subsection (b), (c) or (d) above is guilty of a minor misdemeanor and is subject to the punishment set forth in Section 303.99. Whoever violates subsection (b), (c) or (d) above having once previously been convicted of this same offense within two years is guilty of a fourth degree misdemeanor. Whoever violates this section after having previously been convicted of this same offense two or more times is guilty of a third degree misdemeanor. If the offender was involved in a motor vehicle accident and another person was injured and text messaging or use of a mobile communication device by the offender was the proximate cause of the accident, the offense is a misdemeanor of the third degree.
(g) This section does not apply to a person using a mobile communication device for an emergency purpose, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(h) This section does not apply to an emergency service professional using a mobile communication device while operating an authorized emergency vehicle, in the course and scope of his or her duties.
(i) This section does not apply to a person who removes his vehicle, trackless trolley, or streetcar from the street, highway or property open to the public for vehicular traffic, and places said vehicle, trackless trolley, or streetcar in a parked or stationary mode.
(j) Subsections (b), (c), and (d) shall take effect on July 1, 2012.
(Ord. 2012-44. Passed 6-13-12.)