A. Definitions:
TEXTING: Engaging in the review, preparation, and/or transmission of a typed or pictorial message via a wireless, handheld device. This definition shall not include: the use of a voice operated or hands free device to review, prepare, and/or transmit a message without the use of either hand except to activate, deactivate, or initiate a feature or function of such voice operated or hands free device; the use of any device to dial a telephone number, initiate a telephone call, and/or verbally communicate; or the use of a mobile data terminal by law enforcement, fire, or emergency medical personnel while acting in the course and scope of their duties.
WIRELESS, HANDHELD DEVICE: An electronic device which communicates or transmits a typed or pictorial information by electromagnetic waves or radio frequency and which is designed to be held or used by, or is actually held or used by, a human hand or hands. This term shall include, but shall not be limited to, cellular telephones, satellite telephones, pagers, computers, mobile messaging devices, tactile texting devices, personal electronic devices, personal digital assistants, and/or any device with two (2) or more such capabilities.
B. Violation: Texting while operating a motor vehicle while such vehicle is in motion shall be prohibited. A violation of this section shall be an infraction, punishable by a fine of seventy five dollars ($75.00). (Ord. 1225, 8-8-2011)