(A) For purposes of this section the following definitions apply:
(1) ENGAGING IN A CALL.
Talking into, dialing, answering or listening on a hand-held mobile telephone, but shall not include holding a
mobile telephone to activate or deactivate such telephone.
(2) HANDS-FREE MOBILE TELEPHONE.
A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate, deactivate or initiate a function of such telephone.
(3) HAND-HELD MOBILE TELEPHONE.
A mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
(4) MOBILE TELEPHONE.
The device used by subscribers and other users of wireless telephone service to access such service and shall include personal digital assistants.
(5) PERSONAL DIGITAL ASSISTANT.
A device operated using a wireless telecommunications service that provides for data communication other than by voice.
(6) WIRELESS TELEPHONE SERVICE.
Two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service.
(B) Except as otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone, as designated by any lawful authority, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place, while using a hand-held or hands-free mobile telephone to engage in a call or to create, send or read messages.
(C) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
(D) Division (B) of this section shall not apply to:
(1) The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation, an emergency response operator; a hospital, a physician's office;
(2) Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or
(3) The use of a hands-free mobile telephone when being used in a hands-free manner.
(E) Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof may be assessed and fined not to exceed $200.
(Ord. 998, passed 10-13-09)