331.45   TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE PROHIBITED.
   (a)   No person shall drive a motor vehicle, trackless trolley or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text based communication.
   (b)   As used in this section, "electronic wireless communication device" includes any of the following:
      (1)   A wireless telephone;
      (2)   A text-messaging device;
      (3)   A personal digital assistant;
      (4)   A computer, including a laptop computer and a computer tablet; and
      (5)   Any other substantially similar wireless device that is designed to be used to communicate text or data.
   (c)   "Voice-operated or hands-free device" means a device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand, except to activate or deactivate a feature or function.
   (d)   "Write, send or read a text based communication" means to manually write or send, or read a text based communication using an electronic wireless communication device, including writing or sending or reading communications referred to as text messages, instant messages or electronic mail.
   (e)   Division (a) of this section does not apply to any of the following:
      (1)   A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)   A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person's duties;
      (3)   A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel;
      (4)   A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call;
      (5)   A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
      (6)   A person receiving wireless messages via radio waves;
      (7)   A person using a device for navigation purposes;
      (8)   A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
      (9)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data; and
      (10)   A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.
   (f)   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 division (a) of this section has been or is being committed 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, and no law enforcement officer shall 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 that nature has been or is being committed.
   (g)   Whoever violates division (a) of this section shall be fined one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for a second offense and no more than five hundred dollars ($500.00) for each subsequent offense.
   (h)   No holder of a temporary instruction permit who has not attained the age of 18 years and no holder of a probationary driver's license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
   (i)   Division (h) of this section does not apply to either of the following:
      (1)   A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
      (2)   A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel; or
      (3)   A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
   (j)   (1)   Except as provided in division (j)(2) of this section, whoever violates division (h) of this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of 60 days.
      (2)   If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of one year.
   (k)   As used in this section, "electronic wireless communications device" includes any of the following:
      (1)   A wireless telephone;
      (2)   A personal digital assistant;
      (3)   A computer, including a laptop computer and a computer tablet;
      (4)   A text-messaging device; or
      (5)   Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
(Ord. 2012-27.  Passed 6-11-12.)