§ 21-61.1. Use of hand-held communications devices prohibited in school zones.

(a)

For purposes of this section the following definitions apply:

Engaging in a call shall mean talking into, dialing, or listening on a hand-held mobile telephone, and entering or reading text messages.

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, by which a 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) is necessary to activate, deactivate, or initiate a function of such telephone.

Hand-held communications device means a mobile telephone, personal digital assistant (PDA), pager, or other device by which the user communicates to another, or receives communications from another, by means of aural (voice) communications, text entry, text receipt, or any other means of electronically transferred data.

Hand-held mobile telephone shall mean a mobile telephone with which a user engages in a call using at least one (1) hand (or prosthetic device or aid in the case of a physically disabled person).

Mobile telephone shall mean the device used by subscribers and other users of wireless telephone service to access such service and shall include personal digital assistants.

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

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.

(b)

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

(c)

An operator of a motor vehicle who holds a hand-held communications device to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "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.

(d)

Subsection (b) shall not apply to:

(1)

The use of any communications device for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; a hospital, a physician's office or health clinic; the city's police or fire department;

(2)

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

(3)

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

(Ord. No. 8918, § 1, 2-21-08)