1133.10 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICES WHILE DRIVING.

   (a)   No person shall drive a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using a hand-held electronic wireless communications device in any manner, including holding the device in the hand or the lap, while composing, sending, or receiving text messages or using such a device to dial, answer, talk or listen, unless such use is otherwise authorized in subsection (b).

   (b)   Subsection (a) hereof does not apply to any of the following:

      (1)   A person using a hand-held 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 employed by a government agency driving a public safety or public service vehicle who uses a hand-held electronic wireless communications device in the course of the person's duties;

      (3)   A person using a hand-held electronic wireless communications device whose motor vehicle is in a stationary position and who is outside a lane of travel, when a vehicle is legally parked, or when a vehicle is stopped due to the inoperability of such vehicle;

      (4)   A person operating a commercial truck while using a mobile data terminal that transmits and receives data;

      (5)   A person using a voice-operated or hands-free device that allows the driver to maintain both hands on the vehicle's steering device while operating the vehicle, and allows the user to vocally compose or send, or listen to a communication without the use of either hand, except to activate or deactivate a feature or function.

   (c)   Whoever violates subsection (a) hereof is guilty of a first-degree misdemeanor, and shall be assessed points pursuant to Ohio R.C. 4510.036(C)(15).

   (d)   As used in this section:

      (1)   "Electronic wireless communications device" means a portable electronic device capable of transmitting and/or receiving data and includes any of the following:

         A.   A wireless telephone;

         B.   A text-messaging device;

         C.   A personal digital assistant;

         D.   A computer, including a laptop computer and a computer tablet;

         E.   Any other substantially similar wireless device that is designed or used to communicate text.

      (2)   "Text message" means a message sent or received by a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a "text message."

         (Ord. 13-90. Enacted 2-24-14.)