(a) As used in this section:
(1) "Text message" means a message composed, sent, stored or received by way of 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, or a personal computer.
(b) No person shall operate a motor vehicle while using a mobile communication device to:
(1) Compose, send, store or read a text message; or
(2) Send, read, create, play or interact with internet-based content.
(c) This section shall not apply to:
(1) A driver using a hands-free device; or
(2) A driver using a mobile communication device while the motor vehicle is stopped, parked or standing and is removed from the flow of traffic, or is stopped due to the inoperability of the vehicle; or
(3) A driver using a mobile communication device to report a health or safety emergency;
(4) A driver using a factory-installed or portable navigation device;
(5) A driver using a mobile communication device in the course of the driver's duties while operating an emergency or public safety vehicle.
(d) Whoever violates this Section, as a primary offense, is guilty of a minor misdemeanor and shall pay a fine of $150.00 for the first offense; is guilty of a third degree misdemeanor and shall pay a fine of up to $500.00 for the second offense; is guilty of a first degree misdemeanor and shall pay a fine of up to $1,000 for a third and any subsequent offense.
(Ord. 21-2010. Passed 6-21-10.)