(A) Definition.
DISTRACTED DRIVING means the following:
(a) The physical manipulation of any two-way wireless electronic communication device used for dialing numbers; or scrolling; or typing or entering multiple letters, numbers, symbols, or other text; or the sending, receiving, and reading of any non-voice data in the device while the motor vehicle is in motion on any highway or street or place open to the general public within the city. As used in this section, a wireless two-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle.
(b) The physical manipulation or handling of any wireless entertainment or electronic communication device for the purpose of speaking into, or listening to voice data, while the motor vehicle is in motion on any highway or street or place open to the general public within the city.
(c) Any action by the driver of a motor vehicle that diverts his or her attention resulting in the failure to use due care and caution in the safe operation of a motor vehicle while the vehicle is in motion on any highway or street or place open to the general public within the city. Such action can include but is not limited to: eating, reading, writing, performing personal hygiene/grooming, physical interaction with pets, passengers, or unsecured cargo, any of which is done in a manner that prohibits the driver from maintaining direct physical control of the motor vehicle steering mechanism with at least one hand that is free of all other objects and used entirely to form a controlled grip on the steering mechanism.
(B) Distracted driving. Violation as civil infraction.
(1) A person shall not engage in distracted driving within the city.
(2) A person who violates this section shall be responsible for a municipal civil infraction, and shall be subject to the penalty provisions of § 10.99.
(3) Exceptions. This section does not apply to a person who is using an electronic communication device to do one or more of the following:
(a) Report a traffic accident, medical emergency or serious road hazard.
(b) Report a situation in which the person believes his or her personal safety is in jeopardy.
(c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person.
(d) Carry out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or operator of an emergency vehicle.
(Ord. 2019-015, passed 11-21-2019)