(a) No person shall operate a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using, holding, or physically supporting with any part of the person's body, a handheld electronic wireless communications device.
(b) Division (a) of this section does not apply to any of the following:
(1) A person using an electronic wireless communications device to make contact for emergency purposes, 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 while using 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 when the person's motor vehicle is in a stationary position and who is outside a lane of travel, at a traffic control signal that is currently directing traffic to stop, or parked on a road or highway due to an emergency or road closure;
(4) A person using and holding an electronic wireless communications device directly near the person's ear for the purpose of making, receiving, or conducting a telephone call, provided that the person does not manually enter letters, numbers, or symbols into the device;
(5) A person receiving wireless messages on an electronic wireless communications 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, provided that the person does not hold or support the device with any part of the person's body;
(6) A person using the speaker phone function of the electronic wireless communications device, provided that the person does not hold or support the device with any part of the person's body;
(7) A person using an electronic wireless communications device for navigation purposes, provided that the person does not do either of the following during the use:
A. Manually enter letters, numbers, or symbols into the device; or
B. Hold or support the device with any part of the person's body.
(8) A person using a feature or function of the electronic wireless communications device with a single touch or swipe, provided that the person does not do either of the following during the use:
A. Manually enter letters, numbers, or symbols into the device; or
B. Hold or support the device with any part of the person's body.
(9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(10) A person operating a utility service vehicle or vehicle for or on behalf of a utility, if the person acting in response to an emergency, power outage, or circumstances that affects the health or safety of individuals;
(11) A person using an electronic wireless communications device in conjunction with a voice-operated or hands-free feature or function of the vehicle, or of the device without the feature or function with a single touch or swipe, provided that the person does not hold or support the device with any part of the person's body;
(12) A person using technology that physically or electronically integrates the device into the motor vehicle, provided that the person does not do either of the following during the use:
A. Manually enter letters, numbers, or symbols into the device; or
B. Hold or support the device with any part of the person's body.
(13) A person storing an electronic wireless communications device in a holster, harness, or article of clothing on a person's body.
(c) Notwithstanding any provision of law to the contrary, no law enforcement officer shall 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 division (a) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(d) Whoever violates division (a) of this section is guilty of a minor misdemeanor.
(e) As used in this section:
(1) ELECTRONIC WIRELESS COMMUNICATIONS DEVICE includes any of the
following:
A. A wireless telephone;
B. A text-messaging device;
C. A personal digital assistant;
D. A computer, including a laptop computer and a computer tablet;
E. Any device capable of displaying a video, movie, broadcast television image, or visual image;
F. Any other substantially similar wireless device that is designed or used to communicate text.
An ELECTRONIC WIRELESS COMMUNICATIONS DEVICE does not include a two-way radio transmitter or receiver used by a person who is licensed by the federal communications commission to participate in the amateur radio service.
(2) VOICE-OPERATED OR HANDS- FREE FEATURE OR FUNCTION means a feature or function that allows a person to use an electronic wireless communications device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
(3) UTILITY means an entity specified in division (A), (C), (D), (E), or (G) of R.C. § 4905.03.
(4) UTILITY SERVICE VEHICLE means a vehicle owned or operated by a utility.
(Ord. 2013-25, passed 3-19-2013; Am. Ord. 2023-26, passed 5-8-2023)