(a) No pedestrian shall cross a street or highway while viewing a mobile electronic device.
(b) It is an affirmative defense to any citation for a violation of subsection (a) that the cited person was engaged in making a “911” emergency communication with a mobile electronic device.
(c) Emergency responders viewing a mobile electronic device while in the performance and scope of their official duties are exempt from subsection (a).
(d) Any person violating this section will be subject to the following fines:
(1) For a first violation: a fine of not less than $15, but not more than $35;
(2) For a second violation committed within one year after the date of the first violation: a fine of not less than $35, but not more than $75; and
(3) For a third or subsequent violation that is within one year after the date of the first violation: A fine of not less than $75, but not more than $99.
(e) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Emergency Responders. Includes firefighters, emergency medical technicians, mobile intensive care technicians, emergency management workers, police officers, and federal and State law enforcement officers.
Mobile Electronic Device. Any handheld or other portable electronic equipment capable of providing wireless or data communication, or both, between two 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 game, or digital photographic device, but does not include any audio equipment.
Viewing. Looking in the direction of the screen of a mobile electronic device.
(1990 Code, Ch. 15, Art. 24, § 15-24.23) (Added by Ord. 09-6; Am. Ord. 17-39)