A. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
CELLULAR TELEPHONE: An analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones.
COMPOSE, SEND OR READ: With respect to a text message, the manual entry, sending or retrieval of a text message to communicate with any person or device.
ELECTRONIC COMMUNICATION DEVICE: An electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice-operated global positioning or navigation system that is affixed to a motor vehicle, or a hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function.
TEXT MESSAGE: Includes a text-based message, instant message, electronic message, photo, video or electronic mail.
B. Prohibited Acts: It shall be unlawful for any person to operate a motor vehicle on any street or highway while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion.
C. Penalty For Violation: Any person who violates the provisions of subsection B of this section shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars ($100.00), excluding costs, fees and assessments.
D. Points Not Assessed Against Driver’s Traffic Record: The State Department of Public Safety shall not record or assess points for violations of this section on any license holder's traffic record maintained by the Department.
E. Exceptions: The provisions of subsection B of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation:
1. An emergency response operator;
2. A hospital, physician's office or health clinic;
3. A provider of ambulance services;
4. A provider of firefighting services;
5. A law enforcement agency.
F. Preexisting Rights Of Action Preserved: The amendment or repeal of any ordinances by the enactment of this section shall not impair, modify, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the effective date hereof.
(Ord. 306-15, eff. 11-1-2015)