(a) As used in this section:
(1) “Text message” means a message sent, stored or received via a mobile communication device. For purposes of this section, an e-mail message shall be considered a text message.
(2) “Mobile communication device” means any portable electronic device capable of transmitting or receiving data in the form of a text message or capable of accessing the internet, including but not limited to a wireless telephone, a text-messaging device, a personal digital assistant, an I-Pad or a personal computer.
(b) No person shall operate a motor vehicle while using a mobile communication device to:
(1) Compose, send or read a text message; or
(2) Send, read, create, play or interact with internet-based content.
(c) Notwithstanding the provisions of division (b), this section shall not be construed to prohibit the use of a mobile communication device inside a motor vehicle by:
(1) A driver using a mobile communication device to report a health or safety emergency; or
(2) A driver using a mobile communication device while the motor 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; or
(3) A driver using a mobile communication device in the course of the driver’s duties while operating an emergency or public safety vehicle.
(d) Penalty. Any person who violates this section shall be guilty of a minor misdemeanor. Any person convicted of a second violation within one year, or whose acts in violation of this section caused a vehicular collision resulting in personal injury to any person, shall be guilty of a misdemeanor of the third degree.
(Ord. 2011-8. Passed 10-17-11.)