(a) Definitions. As used in this section:
(1) "Mobile Communication Device" means a cellular, analog, wireless and digital telephone, and any other wireless electronic device, such as a text-messaging device, personal digital assistant, or computer, that is designed or used to communicate text or data.
(2) "Using" means operating a mobile communication device by:
A. Dialing;
B. Answering;
C. Talking;
D. Listening; or
E. Text Messaging or Typing.
(3) "Park" means, for a vehicle with automatic transmission, to place the vehicle in park gear, and, for a vehicle with a standard transmission, to place the vehicle in neutral gear and apply the brake.
(b) Use and Restrictions.
(1) No person shall operate a motor vehicle on any street or highway while using a hand-held mobile communication device.
(2) Subsection (b) (1) hereof does not apply to a person who is using a mobile communication device:
A. To contact public safety forces;
B. While maintaining his vehicle in the "park" position; or
C. While in a public safety vehicle performing official duties as a member of a public safety force.
(c) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, 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; nor shall any law enforcement officer view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone; and further, no law enforcement officer shall cite the operator of any automobile being operated on any street or highway for a violation of subsection (b) by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, hereof unless the officer has stopped the operator for the purpose of issuing a citation, or making an arrest, for a moving traffic violation for which points are charged pursuant to Ohio law including, but not limited to, R.C. 4510.036, as amended from time to time.
(d) Penalties. Whoever violates subsection (b) hereof by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone shall be guilty of a minor misdemeanor and shall not be fined more than one hundred and fifty dollars. Whoever violates subsection (b) hereof by text messaging or typing (other than dialing) on a communication device shall be guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 2016-137. Passed 1-3-17.)