(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
CELLULAR TELEPHONE. An analog or digital wireless telephone authorized by the Federal Communication Commission to operate in the frequency bandwidth reserved for cellular telephones.
COMPOSE, SEND, OR READ. With respect to a text message, the manual entry, sending or retrieval of a text message to communicate with any person or device.
ELECTRONIC COMMUNICATION DEVICE. An electronic device which permits the user to manually transmit a communication of written text with any person or device by means other than through an oral transfer or wire communication. This term does not include a device physically or electronically integrated into a motor vehicle, 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.
TEXT MESSAGE. Includes a text-based message, instant message, electronic message, photo, video or electronic mail.
(B) Prohibition. It shall be unlawful for any person to operate a motor vehicle on any street or highway within the town 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) Points not assessed for violations. The Department of Public Safety shall not record or assess points for violations of this section on any license holder’s traffic record maintained by the Department.
(D) Exceptions. The provisions of division (B) above shall not apply if a 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:
(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.
(Ord. 15-01, passed 11-10-2015) Penalty, see § 72.99