§ 13. USE OF HAND-HELD MOBILE TELEPHONES IN SCHOOL ZONES

A.

DEFINITIONS. For the purposes of this section, the following definitions shall apply unless clearly indicated to the contrary:

1.

"Engaging in a call" shall mean talking into, dialing, or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate or deactivate such telephone.

2.

"Hands-free mobile telephone" shall mean a mobile telephone that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone or part of the motor vehicle, by which the user engages in a call without the use of either hand, or prosthetic device or aid in the case of a physically disabled person, whether or not the use of either hand or prosthetic device or aid is necessary to activate, deactivate, on initiate a function of such telephone.

3.

"Hand-held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand or prosthetic device or aid in the case of a physically disabled person.

4.

"Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone but shall not require physical contact with such operator's ear.

5.

"Mobile telephone" shall mean a device used for wireless telephone service and shall include a personal digital assistant for data or telecommunication services other than voice.

6.

"Personal Digital Assistant" shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice.

7.

"Wireless telephone service" shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service.

(Ordinance No. 25-2008 of November 13, 2008, Sec. 1)

B.

RESTRICTIONS.

1.

Use of a hand-held mobile telephone is prohibited while operating a motor vehicle in a school zone on official school days during the hours the school zone is in effect.

2.

Except as otherwise provided herein, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone on official school days during the hours the school zone is in effect and when school zone signs and signs prohibiting hand-held mobile telephone use are posted in place while using a hand-held mobile telephone to engage in a call or to create, send, or read messages or data.

3.

An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, the operator's ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section.

(Ordinance No. 25-2008 of November 13, 2008, Sec. 1)

C.

EXEMPTIONS.

This subsection shall not apply to:

1.

The use of a hand-held mobile telephone for the sole purpose of communicating an emergency situation, including but not limited to an emergency response operator, a hospital, a physician's office, a health clinic, a public safety department, or other emergency service provider;

2.

Any law enforcement, public safety or police officer, emergency services official, first aid, emergency medical technicians and personnel, or any fire safety official in the performance of duties arising out of and in the course of his or her employment as such; or

3.

The use of a hands-free mobile telephone when being used in a hands-free manner.

(Ordinance No. 25-2008 of November 13, 2008, Sec. 1)

D.

LIABILITY.

The violation of this section is a strict liability offense.

(Ordinance No. 25-2008 of November 13, 2008, Sec. 1)