331.43 PROHIBITING THE USE OF WIRELESS HANDSETS TO TEXT MESSAGE AND ENGAGE IN OTHER FORMS OF COMMUNICATION WHILE DRIVING.

   (a)    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)    "Computer" means a portable electronic device capable of transmitting and/or receiving data.

      (2)    "Engage in other forms of communication" means to use a wireless handset to dial, answer, talk, and/or listen, or to use a computer.   

      (3)    "Text message" means a message in the process of being composed, sent, or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a "text message."

      (4)    "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message and capable of engaging in the other forms of communication defined in subsection (a)(2) above.

   (b)    No person shall use a wireless handset or a computer to compose, send, or read text messages or engage in other forms of communication as defined in subsection (a)(2) of this section, while driving a motor vehicle in the Village.

   (c)    Notwithstanding the provisions of subsection (b) of this section, this section shall not be construed to prohibit the use of a wireless handset or computer inside a motor vehicle to compose, send, or read a text message or engage in other forms of communication as defined in subsection (a)(2) of this section when:

      (1)    A driver is using a wireless handset to contact any law enforcement, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or

      (2)    A driver is using a wireless handset inside a motor vehicle when such vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle; or

      (3)    A driver is using a wireless handset connected to a hands-free device which allows the driver to maintain both hands on the vehicle's steering device while the vehicle is operating; or

      (4)    Safety and Service Personnel are using such communication devices as defined in subsection (a) of this section in the course of their work, they are exempt from the provisions of this section.

   (d)    Penalty.

      (1)    Except as provided in subsection (d)(2), whoever violates subsection (b) of this section is guilty of a minor misdemeanor.

      (2)    If the offender is the holder of a temporary instruction permit who has not attained the age of eighteen years or is the holder of a probationary driver's license and violates subsection (b) of this section the following penalties shall be imposed:

         A.    If the offender has not previously been convicted of a violation of this section, whoever violates this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of sixty days.

         B.    If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of one year.

            (Ord. 2019-07. Passed 4-15-19.)