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(a) No person shall operate any vehicle on any of the parking lots without due regard for the safety and rights of pedestrians and drivers and occupants of all other vehicles so as to endanger the life, limb or property of any person while in the lawful use of such lot.
(b) No person shall start a vehicle which is stopped, standing or parked until such movement can be made with reasonable safety.
(c) Before backing, operators of vehicles shall give ample warning, and while backing they shall exercise vigilance not to injure persons or property lawfully in the lot.
(1982 Code, § 331.46) (Ord. 69-12. Passed 1-20-1969.)
(a) Definitions. As used in this section:
(1) “Electronic wireless communications device” means a portable electronic device capable of transmitting and/or receiving data and includes the following: a wireless telephone; a text-messaging device; a personal digital assistant; and a computer, including a laptop computer and a computer tablet.
(2) “Text message” means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a “text message.”
(3) “Voice operated or hands-free device” means a device that allows the user to vocally compose or send, or listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(4) “Composing, sending, or receiving text messages” means to manually write or send, or read a text message using an electronic wireless communications device.
(b) No person shall use an electronic wireless communications device in any manner while driving a motor vehicle in the City, including composing, sending, or receiving text messages and using an electronic wireless communications device to dial, answer, talk, or listen unless such use is otherwise authorized in subsection (c)
(c) Notwithstanding the provision of subsection (b) of this section, this section shall not apply when;
(1) A driver is using an electronic wireless communications device to contact any law enforcement agency, police officers, emergency services personnel, emergency medical technicians, or tire safety officials to report an emergency situation; or
(2) A driver is using an electronic wireless communications device inside a motor vehicle when such vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle;
(3) A driver is using a voice operated or hands-free device which allows the driver to maintain both hands on the vehicle's steering device while the vehicle is operation; or
(4) Safety and public service personnel, employed by a governmental agency, are using electronic wireless communications devices in the course of their work.
(d) Violations of division (b) of this section shall constitute a primary offense.
(e) Whoever violates division (b) of this section shall be fined one hundred dollars ($100.00) for the first offense, two hundred and fifty dollars ($250.00) for a second offense, and no more than five hundred dollars ($500.00) for each subsequent offense. Violations of division (b) shall also constitute a two-point license violation.
(Ord. 2012-44. Passed 8-13-2012; Ord. 2013-13. Passed 4-8-2013.)
(a) No holder of a temporary instruction permit who has not attained the age of 18 years and no holder of a probationary driver's license shall operate any motor vehicle on any street, highway or property open to the public for vehicular traffic or parking while using in any manner an electronic wireless communications device.
(b) Division (a) of this section does not apply to any of the following:
(1) A person using an electronic wireless communications device for emergency purposes, including emergency contact with a law enforcement agency, hospital or health care provider, fire department or other similar emergency agency or entity;
(2) A person using an electronic wireless communications device whose motor vehicle is in a stationary position and whose motor vehicle is outside a lane of travel; and
(3) A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
(c) (1) Except as provided in division (c)(2) of this section, whoever violates division (a) of this section shall be fined one hundred fifty dollars ($150.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of 60 days.
(2) If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of one year.
(d) As used in this section, “electronic wireless communications device” includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer tablet;
(4) A text-messaging device; and
(5) Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image or written word.
(Ord. 2012-45. Passed 8-13-2012.)
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