(a) As used in this section, "mobile communication device" includes any of the following:
(1) A wireless telephone;
(2) A text-messaging device;
(3) A personal digital assistant;
(4) A computer used for personal communications between persons;
(5) Any other substantially similar wireless device that is designed or used to communicate text or data.
(6) As used in this section "text message or text messaging" means the act of touching the key(s)/virtual keys(s) or mouse or mouse pad of the mobile communication device for the purpose of sending a message electronically or responding to a message received.
(7) Use or using means the act of talking on a cell phone, answering a cell phone or causing numbers to be entered into a cell phone so that a number may be entered and called.
(b) No person shall text message on a mobile communication device while operating a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic.
(c) No person shall use a mobile communication device for audio style communication while operating a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic, except and unless the mobile communication device is specifically designed for hands-free operation and employed in that manner.
(d) No person under eighteen years of age shall use any mobile communication device while operating a motor vehicle.
(e) Penalty. Whoever violates (b), (c) or (d) above is guilty of a minor misdemeanor.
(f) This section does not apply to a person using a mobile communication device for an emergency purpose, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(g) This section does not apply to an emergency service professional using a mobile communication device while operating an authorized emergency vehicle, in the course and scope of his or her duties.
(h) This section does not apply to a person who removes his vehicle, trackless trolley, or streetcar from the street, highway or property open to the public for vehicular traffic, and places said vehicle, trackless trolley, or streetcar in a parked or stationary mode.
(i) Effective Date.
(1) Subsection (b) shall take effect ten days from the effective date of this section.
(2) Section (c) and (d) shall take effect January 1, 2010.
(Ord. 09-121. Passed 12-15-09; Ord. 10-02. Passed 1-5-10.)
Cross-reference:
Use of electronic wireless communication devices by minors or probationary drivers while driving prohibited, see Section 432.43