(a) As used in this section:
(1) "Text Messaging" means a message sent or received via a process using wireless handsets. For purposes of this section, an e-mail shall be considered a "text message".
(2) "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message.
(b) No person shall use a wireless handset to compose, send or read text or electronic messages while operating a motor vehicle in the City of Vermilion unless one of the following exceptions applies:
(1) Contacting any law enforcement, police officers, emergency services personnel, emergency medical technicians or fire safety officials to report an emergency situation.
(2) While 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.
(c) Penalty. Whoever violates this section shall be fined up to one hundred dollars for the first offense, two hundred dollars for the second offense, and up to five hundred dollars for each subsequent offense. If the texting also causes an accident, the penalty shall be the same as for a misdemeanor of the fourth degree.
(d) The Safety Service Director may direct that signs be placed at primary entrances to the City indicating that texting while operating a motor vehicle is prohibited. Lack of signage shall not be a basis for dismissal of a violation.
(Ord. 2009-80. Passed 10-19-09.)