§ 73.14. Use of electronic wireless communications devices while driving.

A.

As used in this section:

1.

"Text message" means a message sent, stored or received via a mobile communication device. For purposes of this section, an e-mail message shall be considered a text message.

2.

"Electronic wireless communications 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.

3.

"Voice operated or hands-free device" means a device that allows the user to vocally compose or send, or listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.

B.

No person shall operate a motor vehicle while using an electronic wireless communications device to:

1.

Compose, send or read a text message; or

2.

Send, read, create, play or interact with internet-based content.

C.

Notwithstanding the provisions of subsection (B), this section shall not be construed to prohibit the use of an electronic wireless communications device inside a motor vehicle by:

1.

A driver using an electronic wireless communications device to report a health or safety emergency; or

2.

A driver using an electronic wireless communications device in the course of the driver's duties while operating an emergency or public safety vehicle; or

3.

A driver using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel; or

4.

A driver reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call; or

5.

A driver receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle; or

6.

A driver using a device for navigation purposes; or

7.

A driver conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device; or

8.

A driver operating a commercial truck while using a mobile data terminal that transmits and receives data; or

9.

A driver is using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.

D.

Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause a driver of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (B) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has or is being committed.

E.

Whoever violates this section is guilty of a minor misdemeanor twenty percent of the fine money collected shall be used for driver's safety education.

(Ord. 69-2013)