(A)   Definitions. For purposes of this section, the following terms shall apply:
      HANDS FREE DEVICE. An external device that connects to a mobile telephone that allows the user to engage in a telephone call without touching the user’s mobile telephone.
      MOBILE TELEPHONE. A cellular, analog, wireless or digital telephone or other device capable of sending or receiving telephone messages without an access line for service.
      ONBOARD COMMUNICATIONS DEVICE. A communications system or device that is hardwired into the motor vehicle.
      USE. Talking or listening to another person, text messaging, sending, reading or listening to an electronic message or browsing the internet.
   (B)    Prohibited. Except as otherwise provided in division (C) of this section, no person shall operate a motor vehicle while using a mobile telephone.
   (C)   Exemptions. The provisions of this section shall not apply to:
      (1)   Any person using a mobile telephone or onboard communications device for nonpersonal use in the course of ordinary business in their employment with a city, state or federal agency or authority;
      (2)   Any person using a hands free device or voice communication, provided that such person does not touch the mobile telephone connected to such hands free device while operating or using the vehicle;
      (3)   Any person using a mobile telephone to call 911 or other emergency telephone numbers to contact public safety forces; or
      (4)   Any person using a mobile telephone while maintaining a motor vehicle in a stationary and parked position.
   (D)   Penalty. Any person who violates division (B) of this section shall be subject to a fine of not less than $100, provided however, that if a violation occurs at the time of a traffic accident, the driver shall be subject to an additional fine not to exceed $500.
(Ord. 17-25, passed 11-14-2017)