A. Definitions: For purposes of this section, the following terms shall apply:
HANDS FREE DEVICE: An external device that connects to a mobile telephone that allows the user to engage in a telephone call without touching the user's mobile telephone.
MOBILE TELEPHONE: A cellular, analog, wireless or digital telephone or other device capable of sending or receiving telephone messages without an access line for service.
ONBOARD COMMUNICATIONS DEVICE: A communications system or device that is hardwired into the motor vehicle.
USE: Talking or listening to another person, text messaging, sending, reading or listening to an electronic message or browsing the internet.
B. Prohibited: Except as otherwise provided in subsection C of this section, no person shall operate a motor vehicle while using a mobile telephone.
C. Exemptions: The provisions of this section shall not apply to:
1. Any person using a mobile telephone or onboard communications device for nonpersonal use in the course of ordinary business in their employment with a city, state or federal agency or authority;
2. Any person using a hands free device for voice communication, provided that such person does not touch the mobile telephone connected to such hands free device while operating or using the vehicle;
3. Any person using a mobile telephone to call 911 or other emergency telephone numbers to contact public safety forces;
4. Any person using a mobile telephone while maintaining a motor vehicle in a stationary and parked position.
D. Penalty: Any person who violates subsection B of this section shall be subject to a fine of not less than fifty dollars ($50.00), provided however, that if a violation occurs at the time of a traffic accident, the driver shall be subject to an additional fine not to exceed five hundred dollars ($500.00). (Ord. O-02-2014, 2-10-2014)