(a) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication, or to dial, talk, answer or listen for the purposes of making an audible communication.
(b) Subsection (a) of this section does not apply to any of the following:
(1) A person using an electronic wireless communications device in that manner 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 driving a public safety vehicle who uses an electronic wireless communications device in that manner in the course of the person's duties;
(3) A person using an electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel;
(4) A person using an electronic wireless communications device for the purpose of making or receiving a telephone call or for the purpose of navigation if the call or navigation is made or received using the device's one-touch capability and the device is not handheld;
(5) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic or weather alerts; or data used primarily by the motor vehicle;
(6) A person receiving wireless messages via radio waves;
(7) A person using a device for the purpose of accepting or transmitting acceptance of a fare if the device is not handheld;
(8) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
(9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data, if the terminal is not handheld;
(10) A person using an electronic wireless communications device in conjunction with a voice-operated or and hands-free device feature or function of the vehicle.
(c) 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.
(d) Subsection (c) of this section does not apply to any 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 and hands-free manner who does not manipulate the device while driving.
(e) Whoever violates subsection (a) of this section on a first offense is guilty of a minor misdemeanor. Whoever violates subsection (c) of this section shall be adjudicated in accordance with juvenile court law and procedure.
(f) (Reserved.)
(g) As used in this section:
(1) "Electronic wireless communication device" includes a wireless telephone; a text-messaging device; a personal digital assistant; a computer, including a laptop computer and a computer tablet; and any other substantially similar wireless device that is designed or used to communicate text or via voice, image or written word.
(2) "Voice-operated or and hands-free device" means a device that allows the user to vocally compose or send, or to listen to a text-based communication or to dial, talk, answer or listen for the purposes of making an audible communication, without the use of either hand.
(3) "Write, send or read a text-based communication" means to manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail.
(4) "Handheld" means within a person's hand at the time of use.
(Ord. 44-12. Passed 1-22-2013; Ord. 05-19. Passed 9-3-19.)