(a) Definitions. As used in this section:
(1) "Text Messaging Device" means any portable communication device that can be used to transmit typed or text messages to another person or entity.
(2) "Use" means to use a Text Messaging Device in:
(A) Sending messages
(B) Answering messages
(C) Typing
(D) Reading
(E) Dialing
(3) "Park" means for an automatic transmission vehicle that the vehicle is in the Park gear; for a standard transmission vehicle that the vehicle is in the neutral gear and the brake is being utilized or otherwise stationary.
(b) Title and Application.
(1) This section shall be known and may be cited as the Text Messaging Operation Ordinance.
(2) This section shall be liberally construed and applied to promote its purposes and policies.
(c) Purpose. It is the purpose of this section and the policy of the City of Toledo to regulate the use of Text Messaging Devices, which are used while persons are operating a motor vehicle in order to protect other persons operating motor vehicles and pedestrians in the Municipality.
(d) Severability. In the event that any provision of this section is found by the court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this section and shall not cause the invalidity or unenforceability of the remainder of this section; and if a provision shall be deemed invalid only because of excessive scope or breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.
(e) Use; Restrictions.
(1) No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the "use" of a Text Messaging Device.
(2) Subsection (e)(1) hereof does not apply to a person who is using the Text Messaging Devices:
(A) To contact public safety forces, or
(B) While maintaining the vehicle in the Park position either on public or private property outside the flow of traffic.
(f) Penalty. Whoever violates any of the provisions of this section shall be guilty of a minor misdemeanor upon the first offense and shall be guilty of a third degree misdemeanor upon any second violation and shall be guilty of a first degree misdemeanor for any third or subsequent violation.
(Ord. 506-09. Passed 11-24-09.)