A. Unless excepted in this section, it shall be unlawful for a person to use a handheld electronic communications device while operating within city limits a motor vehicle, motorcycle, quadricycle, or a bicycle on a public highway or street including alley as defined by title 61 of the Montana Code Annotated.
B. Exceptions:
1. This section shall not apply to any person reporting a health, fire, safety, or law enforcement emergency to 911.
2. This section shall not apply to law enforcement and other first responders responding to a call for service when the use of two (2) way radios is not practical.
3. This section shall not apply to a driver using a two (2) way radio within the scope of his or her official duties with governmental fire agencies, ambulance services, law enforcement agencies, emergency responders
4. This section shall not apply to passengers in a motor vehicle.
5. This section shall not apply to drivers using a handheld electronic communications device while maintaining a motor vehicle in a stationary position, not in gear, while in a parking lane or space out of moving traffic lanes.
6. This section shall not apply to persons using a hands-free device. Use of a hands-free device is permitted while operating a motor vehicle provided the driver does not touch the wireless telephone or wireless electronic communications device with one's hands while operating a motor vehicle.
7. This section shall not apply to drivers using two (2) way radios while in the performance and scope of their work-related duties. (Ord. 840, 3-3-2020, eff. 11-3-2020)