(a) Definitions. As used in this section:
(1) "Electronic wireless communication device" means a portable electronic device capable of transmitting and/or receiving data and includes the following: a wireless telephone; a text-messaging device; a personal digital assistant; and a computer, including a laptop computer and a computer tablet.
(2) "Text message" means a message sent or received via a process using an electronic wireless communications device. For the purposes of this section, an e-mail shall be considered a text message.
(3) "Voice operated or hands-free device" means a device that allows the user to vocally compose or send, or listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(b) No person shall use an electronic wireless communications device in any manner while driving a motor vehicle in the Village, including composing, sending or receiving text messages and using an electronic wireless communications device to dial, answer, talk, or listen unless such use is otherwise authorized in subsection (c).
(c) Notwithstanding the provisions of subsection (b) of this section, this section shall not apply when:
(1) A driver is using an electronic wireless communications device to contact any law enforcement agency, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or
(2) A driver is using an electronic wireless communications device inside a motor vehicle when such vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable law or rules, or is stopped due to the inoperability of such vehicle; or
(3) A driver is using a voice operated or 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 public service personnel, employed by a governmental agency, are using electronic wireless communications devices in the course of their work.
(Ord. 2014-38. Passed 7-9-14.)
(d) The filing of a sworn complaint against a person for a violation of Ohio R.C. 4511.205 does not preclude the filing of a sworn complaint for a violation of a substantially equivalent municipal ordinance for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of Ohio R.C. 4511.205 and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of a substantially equivalent municipal ordinance for the same conduct, the two offenses are allied offenses of similar import under Ohio R.C. 2941.25.
(e) Whoever violates this section is guilty of a first degree misdemeanor.