(a) No person shall operate a motor vehicle on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device.
(b) Subsection (a) of this section does not apply to any of the following:
(1) A person using an electronic wireless communications device to make contact, for emergency purposes, with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person operating a public safety vehicle while using an electronic wireless communications device in the course of the person's duties;
(3) A person using an electronic wireless communications device when the person's motor vehicle is in a stationary position and is outside a lane of travel;
(4) A person using an electronic wireless communications device for the purpose of making or receiving a telephone call, provided that the person does not do the following during the use:
A. Manually enter letters, numbers, or symbols into the device;
(5) A person receiving wireless messages on an electronic wireless communications device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic or weather alerts; or data used primarily by the motor vehicle, provided that the person does not hold or support the device with any part of the person's body;
(6) A person using the speaker phone function of the electronic wireless communications device, provided that the person does not hold or support the device with any part of the person's body;
(7) A person using an electronic wireless communications device for navigation purposes, provided that the person does not do the following during the use:
A. Manually enter letters, numbers, or symbols into the device;
(8) A person using a feature or function of the electronic wireless communications device with a single touch or a single swipe, provided that the person does not do the following during the use:
A. Manually enter letters, numbers, or symbols into the device;
(9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(10) A person operating a utility service vehicle or a vehicle for or on behalf of a utility, if the person is acting in response to an emergency, power outage, or circumstances that affect the health or safety of individuals;
(11) A person using an electronic wireless communications device in conjunction with a voice-operated or hands-free feature or function of the vehicle or of the device without the use of either hand except to activate, deactivate, or initiate the feature or function with a single touch or swipe, provided the person does not hold or support the device with any part of the person's body;
(12) A person using technology that physically or electronically integrates the device into the motor vehicle, provided that the person does not do the following during the use:
A. Manually enter letters, numbers, or symbols into the device.
(c) Whoever violates subsection (a) of this section is guilty of operating a motor vehicle while using an electronic wireless communications device, an unclassified misdemeanor, punishable by a fine not to exceed one hundred dollars ($100.00). If, within two years of the violation, the offender has been convicted of or pleaded guilty to one or more prior violations of this section, Ohio R.C. 4511.204, or a substantially equivalent ordinance of another municipality, the court shall impose upon the offender a fine of not more than two hundred fifty dollars ($250.00).
(d) As used in this section:
(1) "Electronic wireless communications device" 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 device capable of displaying a video, movie, broadcast television image, or visual image;
F. Any other substantially similar wireless device that is designed or used to communicate text, initiate or receive communication, or exchange information or data.
(2) "Voice-operated or hands-free feature or function" means a feature or function that allows a person to use an electronic wireless communications device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
(3) "Utility" means a municipal agency, a county agency, or a private company that is authorized by state law or municipal ordinance to provide, and is actually engaged in providing, water, sewer, electric, gas, or local exchange telephone service within the City of Streetsboro.
(4) "Utility Service Vehicle" means a vehicle owned and operated by a utility.
(Ord. 2022-177. Passed 12-12-22.)