A. Prohibition: A person may not operate a motor vehicle on a village roadway using an electronic communication device.
B. Definition: As used in this section, "electronic communication device" means an electronic device, including, without limitation, a handheld wireless telephone, handheld personal digital assistant, or a portable mobile computer, but not including a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
C. Exceptions: This section does not apply to:
1. A law enforcement officer or operator of an emergency vehicle while performing his or her official duties;
2. A driver using an electronic communication device for the sole purpose of reporting an emergency situation, and continued communication with emergency personnel during the emergency situation;
3. A driver using an electronic communication device in a hands free or voice operated mode, which may include the use of a headset;
4. A driver of a commercial motor vehicle reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed ten inches (10") tall by ten inches (10") wide in size;
5. A driver using an electronic communication device while parked on the shoulder of a roadway;
6. A driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park;
7. A driver using two-way or citizens band radio services;
8. A driver using two-way mobile radio transmitters or receivers for licensees of the federal communications commission in the amateur radio service;
9. A driver using an electronic communication device by pressing a single button to initiate or terminate a voice communication; or
10. A driver using an electronic communication device capable of performing multiple functions, other than a handheld wireless telephone or handheld personal digital assistant (for example, a fleet management system, dispatching service, citizens band radio, or music player), for a purpose that is not otherwise prohibited by this section.
D. Penalty:
1. A person violating any provision of this section shall be fined an amount not to exceed seventy five dollars ($75.00) for a first offense. A second or subsequent violation of this section is an offense against traffic regulations governing the movement of vehicles. Violators shall be fined an amount not to exceed one hundred dollars ($100.00) for a second offense, one hundred twenty five dollars ($125.00) for a third offense, and one hundred fifty dollars ($150.00) for a fourth or subsequent offense.
2. A person commits aggravated use of an electronic communication device when he or she violates subsection A of this section, and in committing the violation, he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another, and the violation was a proximate cause of the injury or death.
3. A person convicted of aggravated use of an electronic communication device commits a class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A person convicted of aggravated use of an electronic communication device commits a class 4 felony if the violation resulted in the death of another person. (Ord. 2014-15, 3-4-2014)