(a) As used in this section:
(1) “Text message” means any message sent, stored or received via mobile communication device. For the purpose of this section, an email message shall be considered a text message.
(2) “Mobile communication device” means any portable electronic device capable of transmitting or receiving data in the form of a text message or capable of accessing the Internet, including, but not limited to, a wireless telephone, a text-messaging device, a personal digital assistant or a personal computer, but specifically excluding portable Internet-based vehicle navigation systems being used for that purpose.
(3) “Emergency vehicles” and “public safety vehicles” shall have the same meaning as set forth in R.C. § 4511.01 (D) and (E).
(b) No person shall operate a motor vehicle while using a mobile communication device to:
(1) Manually enter letters, numbers, or text messages or read any received emails or text messages transmitted to or stored within such device; or
(2) Send, read, create or interact with Internet-based content, play games or otherwise interact with the internet.
(c) This provision shall not apply to any of the following:
(1) Operators of emergency or public safety vehicles where the operator of a public safety device uses such device in the course of the operator’s official duties;
(2) Any person reporting a health or safety emergency;
(3) Drivers parked, standing, stopped or removed from the flow of traffic, or stopped because of an inoperable vehicle;
(4) A person reading, selecting or entering a name or telephone number in an electronic wireless communication device for the purpose of making or receiving a telephone call; or
(5) A person operating a commercial truck while using a mobile data terminal that transmits and receives data in the course of the person’s official duties.
(d) (1) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (b) above 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.
(2) No law enforcement officer shall view the interior or visually inspect any motor vehicle 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.
(e) Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. 04-2010, passed 12-13-2010)