(A) It shall be unlawful for any person to operate a commercial motor vehicle or for a public transit driver to operate a motor vehicle on any street or highway within the city while:
(1) Using a cellular telephone or electronic communication device to write, send, or read a text- based communication; or
(2) Using a handheld mobile telephone while operating a commercial motor vehicle.
(B) For the purposes of division (A), using a handheld mobile telephone is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CELLULAR TELEPHONE. An analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones.
ELECTRONIC COMMUNICATION DEVICE. An electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a voice-activated global positioning or navigation system that is affixed to a motor vehicle.
OPERATE. Operating on a street or highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. OPERATING does not include when the driver of a commercial motor vehicle has moved the vehicle to the side of or off a street or highway and has halted in a location where the vehicle can safely remain stationary.
PUBLIC TRANSIT DRIVER.
(a) Any operator of a public transit vehicle owned and operated by the state, any public trust authority, county, municipality, town, or city within this state;
(b) Any operator of a school bus or multi-passenger motor vehicle owned and approved to operate by the State Department of Education or any school district within this state; or
(c) Any operator, conductor, or driver of a locomotive engine, railway car, or train of cars.
WRITE, SEND, or READ A TEXT-BASED COMMUNICATION. Manually entering alphanumeric text into, sending text, or reading text from an electronic device, including, but not limited to, short message service (SMS), e-mailing, instant messaging (IM), a command or request to access a world wide web page, or engaging in any other form of electronic text retrieval or entry, for present or future communication; also known as TEXTING. As used in this section, TEXTING does not include:
(a) Using voice commands to select or enter a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call;
(b) Inputting, selecting, or reading information on a global positioning system or navigation system; or
(c) Using a device capable of performing multiple functions for a purpose that is not otherwise prohibited in this section, including, but not limited to, fleet management systems, dispatching devices, smart phones, citizens band radios, and music players.
(D) This section shall not apply to railroads and railroad operating employees regulated by the Federal Railroad Administration.
(Prior Code, § 74.63) (Ord. 2015-548, passed 12-1-2015) Penalty, see § 75.99