§ 35-659. Use of wireless communication devices.

(a)

Except as provided in subsections (b) and (c) of this section, no person shall operate a motor vehicle on a public road or highway while using a wireless communications device to write, send or read a written communication.

(b)

The provisions of subsection (a) of this section shall not apply to:

(1)

A law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment;

(2)

A motor vehicle stopped off the regular traveled portion of the roadway;

(3)

A person who reads, selects or enters a telephone number or name in a wireless communications device for the purpose of making or receiving a phone call;

(4)

A person who receives an emergency, traffic or weather alert message; or

(5)

A person receiving a message related to the operation or navigation of the motor vehicle.

(c)

The provisions of subsection (a) of this section shall not prohibit a person from using a wireless communication device while operating a motor vehicle to:

(1)

Report current or ongoing illegal activity to law enforcement;

(2)

Prevent imminent injury to a person or property; or

(3)

Relay information between transit or for-hire operator and the operator's dispatcher, in which the device is permanently affixed to the motor vehicle.

(d)

Prior to January 1, 2011, a law enforcement officer shall issue a warning citation to anyone violation subsection (a) of this section.

(Ord. No. O-52-10, § 2, 9-16-2010)