For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DATA ENTRY. Any form of input into a hand-held mobile communication device.
ENGAGING IN A CALL. Talking on, physically dialing or typing, or listening on a hand-held mobile communication device.
HAND-HELD MOBILE COMMUNICATION DEVICE. A text-messaging device or other electronic, two-way communication device that uses a commercial mobile service, as defined by 47 U.S.C. § 332, that is designed to receive and transmit voice communication, text message or pictorial communication, or both, whether by internet or other electronic means. The term includes a mobile telephone, and a personal digital assistant (PDA).
HANDS-FREE MOBILE COMMUNICATION DEVICE. A mobile telephone or device that has an internal feature or function that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a call or the operation of the communication device, without the use of either hand (or prosthetic device or aid in the case of a physically disabled person) whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone.
PARKED. For the operator to completely cease movement of a vehicle in a lawful manner and location. PARKED does not include or mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion patterns then existing.
TEXT MESSAGE. A two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global positioning or navigation system.
VEHICLE. Any device on wheels designed for or transporting one or more persons.
(Ord. 6-27-2016)