(A) A person commits an offense if, while operating a vehicle on a public roadway or any other passageway described under this code, the person uses a hand-held mobile communication device to:
(1) Engage in a call;
(2) Send, read, or write a text message;
(3) View pictures or written text whether transmitted by internet or other electronic means;
(4) Engage in gaming; or
(5) Engage in any other use of the device.
(B) This section does not apply to an operator of a vehicle who is using a hand-held mobile communication device:
(1) While the vehicle is legally parked, at a complete stop, or is being operated on private property;
(2) If the device is affixed to the vehicle, whether permanently or temporarily, and being actively utilized as a global positioning or navigation system;
(3) If the device is being used in conjunction with a hands-free mobile communication telephone or other such device through Bluetooth or other comparable technology;
(4) While operating an authorized emergency vehicle in an official capacity; or
(5) Who is licensed by the Federal Communications Commission while operating a radio frequency device other than a hand held mobile communication device.
(C) It is an affirmative defense to prosecution under this section if the person was using a hand-held mobile communication device for the purpose of:
(1) Communicating with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency; or
(2) Preventing injury or death to a person or damage or destruction of property.
(Ord. 160621, passed 6-27-2016)