(a) Definitions.
(1) COMPUTER means a portable electronic device capable of transmitting and/or receiving data.
(2) ENGAGE IN OTHER FORMS OF COMMUNICATION means to use a wireless handset to dial, answer, talk, and/or listen, or to use a computer.
(3) TEXT MESSAGE means a message sent, stored, or received via a wireless handset. For purposes of this section, an email shall be considered a text message.
(4) WIRELESS HANDSET means a portable electronic device capable of transmitting or receiving data in the form of a text message and capable of engaging in other forms of communication as defined in division (a)(2) above.
(b) No person shall use a wireless handset or a computer to compose, send, or read text messages or engage in other forms of communication as defined in division (a)(2) of this section, while driving a motor vehicle in the Village.
(c) Notwithstanding the provisions of division (b) of this section, this section shall not be construed to prohibit the use of a wireless handset or computer inside a motor vehicle to compose, send, or read a text message or engage in other forms of communication as defined in division (a)(2) of this section when:
(1) A driver is using a wireless handset to contact any law enforcement, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or
(2) A driver is using a wireless handset inside a motor vehicle when such vehicle is parked, standing or stopped and is removed from the flow of traffic, or is stopped due to the inoperability of such vehicle; or
(3) A driver is using a wireless handset connected to a hands-free device which allows the driver to maintain both hands on the vehicle's steering wheel while the vehicle is operating; or
(4) Safety and service personnel are using such communication devices in the course of the work.
(d) Penalty. Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 54-2011, passed 2-27-2011)