[Adopted 6-18-2009 by L.L. No. 7-2009]
The following words, when used in this article, shall, for the
purpose of this article, have the meanings respectively ascribed to
them in this section:
The manner in which a wireless handset is operated for the
purpose of composing, reading or sending text messages, by using an
internal feature or function, or through an attachment or addition,
including but not limited to an ear piece, headset, remote microphone
or short-range wireless connection, thereby allowing the user to operate
said device without the use of hands.
Any vehicle that is self-propelled by a motor, including
but not limited to automobiles, trucks, vans, construction vehicles,
etc.
The process by which users send, read, or receive messages
on a wireless handset, including but not limited to text messages,
instant messages, electronic messages or e-mails, in order to communicate
with any person or device.
To hold a wireless handset in one's hands.
A portable electronic or computing device, including cellular
telephones and digital personal assistants (PDAs), capable of transmitting
data in the form of a text message.
A.
No person shall use a wireless handset to compose, read or send text
messages while operating a motor vehicle upon a public street or public
highway within the Town of Stillwater.
B.
Notwithstanding Subsection A, this article shall not be construed to prohibit the use of any wireless handset by:
(1)
Any law enforcement, public safety or police officers, emergency
services officials, first aid, emergency medical technicians and personnel,
and firesafety officials in the performance of duties arising out
of and in the course of their employment as such;
(3)
A person using a wireless handset inside a motor vehicle while such
motor vehicle is parked, standing or stopped and is removed from the
flow of traffic, in accordance with applicable laws, rules or ordinances,
or is stopped due to the inoperability of such motor vehicle.
A.
A violation of any provision of this article shall constitute an
offense and be punishable by a fine of an amount up to $150 for each
single violation; up to a fine of $250 for a second violation committed
within 18 months; and up to a fine of $500 for a third or subsequent
violation, all committed within 18 months. Each such violation shall
constitute a separate and distinct offense.
B.
This article shall be enforced by the Stillwater Town Police Department
and may be enforced by any other law enforcement agency having jurisdiction
within the Town of Stillwater.
