Rules for using phones and devices while driving

(a) As used in this section, unless the context clearly requires otherwise: “Emergency responders” include fire fighters, emergency medical service technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers. “Mobile electronic device” means any hand-held or other portable electronic equipment capable of providing wireless and/or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle. “Operate a motor vehicle” means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway. “Use or using” means holding a mobile electronic device while operating a motor vehicle. (b) It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device, unless used with a hands-free device. Any person convicted of violating this subsection shall be subject to a maximum fine of $150. (c) Whoever operates any vehicle while using a mobile electronic device, unless used with a hands-free device, in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle, or other property shall be fined not more than $500. (d) The use of a mobile electronic device for the sole purpose of making a “911” emergency communication shall be an affirmative defense to this ordinance. (e) The following persons shall be exempt from the provisions of subsections (b) and (c): (1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties; (2) Drivers using two-way radios while in the performance and scope of their work-related duties; and (3) Drivers holding a valid amateur radio operator license issued by the federal communications commission and using half-duplex two-way radio. (2009, ord 09-82, sec 1.) 24-167.1 Division 4. Turns.