(A) Unless a motor vehicle is parked or stopped pursuant to A.R.S. § 28-645(A)(3) or A.R.S. § 28-851, a person may not operate a motor vehicle on a street or highway if the person does either of the following:
(1) Physically holds or supports with any part of the person’s body either of the following:
(a) A portable wireless communication device; except that a person may use a portable wireless communication device with an earpiece, headphone device, or device worn on a wrist to conduct voice-based communication.
(b) A stand-alone electronic device.
(2) Writes, sends, or reads any text-based communication, including a text message, instant message, e-mail, or internet data, on a portable wireless communication device or stand-alone device. This paragraph does not apply to either of the following:
(a) A voice-based communication that is automatically converted by a portable wireless communication device or stand-alone device to be sent as a message in written form.
(b) The use of a portable wireless communication device or stand-alone device when used in a hands-free manner for:
1. Navigation of the motor vehicle.
2. Use of global positioning system.
3. Obtaining motor vehicle information or information related to driving a motor vehicle.
(B) This section does not prohibit the operation of a motor vehicle while using a device or system that is embedded in a motor vehicle and that allows communication without the use of either of the driver’s hands, except to activate or deactivate a function of the device or system by a single press, tap, or swipe of the operator’s finger.
(C) This section does not apply to:
(1) An operator of an authorized emergency, law enforcement, or probation vehicle who uses a portable wireless communication device while acting in an official capacity.
(2) An operator who is licensed by the Federal Communications Commission while operating a radio frequency device other than a portable wireless communications device.
(3) An operator who uses a two-way radio or private land mobile radio system, within the meaning of 47 C.F.R. part 90, while in the performance and scope of the operator’s work related duties and who is operating a fleet vehicle or who possesses a commercial license.
(4) An operator who uses a portable wireless communication device either:
(a) To report illegal activity or summon emergency help.
(b) That was permanently or temporarily affixed to the motor vehicle to relay information in the course of the operator’s occupational duties between the operator and either:
1. A dispatcher.
2. A digital network or software application service.
(D) Beginning May 11, 2019, a person who violates this section is subject to a civil penalty as provided herein and in Chapter 70, § 70.99:
(1) At least $75 but not more than $149 for a first violation.
(2) At least $150 but not more than $250 for a second or subsequent violation.
(E) The Town Police Department shall post a sign at each point at which an interstate highway or United States highway enters into this municipal jurisdiction that informs an operator that both:
(1) The use of a portable wireless communication device while operating a motor vehicle is prohibited in this municipal jurisdiction.
(2) The operator is subject to a civil penalty if the operator uses a portable wireless communication device in violation of this section while operating a motor vehicle in this town.
(F) A peace officer who stops a motor vehicle for an alleged violation of this section may not:
(1) Take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law.
(G) A department or agency of this state may not consider a violation of this section for the purpose of determining whether the person’s driver license should be suspended or revoked.
(H) The regulation and use of portable wireless communication devices while operating a motor vehicle are of statewide concern. From and after December 31, 2020, the regulation of portable wireless communication devices pursuant to this section and their use while operating a motor vehicle is not subject to further regulation by a county, city, town, or other political subdivision of this state. From and after December 31, 2020, a regulation by a county, city, town, or other political subdivision that violates this division (H), whether enacted before or after January 1, 2021, is void.
(I) For the purposes of this section:
(1) PORTABLE WIRELESS COMMUNICATION DEVICE:
(a) Means a cellular telephone, a portable telephone, a text messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or a substantially similar portable wireless device that is used to initiate or receive communication, information, or data.
(b) Does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system.
(2) STAND-ALONE ELECTRONIC DEVICE means a portable device other than a portable wireless communication device that stores audio or video data files to be retrieved on demand by a user.
(Ord. 906, passed 4-11-19; Res. 3145, passed 4-11-19) Penalty, see § 70.99