A. Definitions.
1. “Hands-free use” means the use of a mobile communication device or portable electronic device without the use of either hand by employing an internal feature of, or an attachment to, the device.
2. “Mobile communication device” and “portable electronic device” means a wireless communication device that is designed to engage in calls; and/or receive and transmit text, images, and/or data; but excludes devices that are physically or electronically integrated into a motor vehicle and are operated hands-free so that the user composes, sends, accesses, communicates or receives messages or data without the use of a hand except to activate, deactivate or initiate the hands-free use.
3. “Operating a motor vehicle” means being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but excludes operating a motor vehicle when the vehicle has pulled over to the side of the road or off an active roadway and has stopped at a location in which the vehicle can safely remain stationary.
B. No person shall, except as otherwise provided in this section, use a mobile communication device or portable electronic device while operating a motor vehicle upon a street or highway, regardless of whether the motor vehicle is in motion or not, unless that device is specifically designed or configured to allow hands-free use and is used in that manner while operating a motor vehicle.
C. Exemptions. This section shall not apply to:
1. The use of a mobile communication device or portable electronic device for the sole purpose of communicating with any of the following regarding an immediate emergency situation:
a. An emergency response operator;
b. An ambulance company;
c. Fire department and rescue service personnel;
d. Law enforcement personnel;
e. A hospital; or
f. A physician's office or health clinic.
2. The activation or deactivation of hands-free use, as long as the mobile telephone or portable electronic device is securely configured and attached to the vehicle or integrated into the vehicle.
3. Law enforcement and public safety personnel, and persons operating authorized emergency vehicles, using a mobile communications device or portable electronic device while operating a vehicle in the course and scope of his or her duties.
D. Penalty.
1. A violation of this section is a civil traffic violation, and is a primary offense, meaning that a law enforcement officer may initiate a stop and issue a citation to a person operating a motor vehicle for a violation of this section if the law enforcement officer has reasonable cause to believe there is a violation of this section.
2. A person who violates this section and is not involved in a motor vehicle collision is subject to a civil penalty of $50 for the first violation, $100 for the second violation, and $200 for the third or any subsequent violation.
3. A person who violates this section and is involved in a motor vehicle collision is subject to a civil penalty of a minimum amount of $250.
(Ord. No. 11442, § 3, 3-21-17, eff. 5-1-17; Ord. No. 11520, § 1, 1-23-18, eff. 2-1-18)