A. Definitions.
1. Cellular telephone means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones.
2. Compose, send or read with respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device.
3. Electronic communication device means an electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice-operated global positioning or navigation system that is affixed to a motor vehicle, or a hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function; and
4. Text message includes a text-based message, instant message, electronic message, photo, video or electronic mail.
B. Texting while driving prohibited. It shall be unlawful for any person to operate a motor vehicle on any street or highway within the City of Purcell while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion.
C. Penalty. Any person who violates the provisions of subsection (B) of this section shall, upon conviction, be punished by a fine of not more than one hundred dollars ($100.00) plus court costs.
D. Exceptions. The provisions of subsection (B) of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation:
1. An emergency response operator;
2. A hospital, physician's office or health clinic;
3. A provider of ambulance services;
4. A provider of firefighting services; or
5. A law enforcement agency.
E. Pre-existing rights of action preserved. The amendment or repeal of any ordinance by the enactment of the ordinance from which this section is derived shall not impair, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the date when the ordinance from which this section is derived becomes effectual.
(Ord. No. 15-07, §§ 1-5, 11-2-2015)