§ 506-98. Sending, Reading or Writing a Text Message or Accessing the Internet 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)

"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 or read a text message; or

(2)

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

(c)

Notwithstanding the provisions of division (b), this section shall not be construed to prohibit the use of a mobile communication device inside a motor vehicle by:

(1)

A driver using a mobile communication device to report a health or safety emergency; or

(2)

A driver using a mobile communication device or inputting data into a navigational system while the motor vehicle is parked, standing, or stopped and is removed from the flow of traffic, in accordance with applicable laws, or is stopped due to the inoperability of such vehicle; or

(3)

A driver using a mobile communication device in the course of the driver's duties while operating an emergency or public safety vehicle; or

(4)

A driver receiving data from a permanently installed or hands free navigational system. A driver may only input data into a navigational system in accordance with subsection (2) herein.

(d)

Whoever violates this section is guilty of a minor misdemeanor.

(Ordained by Ord. No. 336-2010, § 1, eff. Oct. 9, 2010)