[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:
- HANDS-FREE MOBILE TELEPHONE
- 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.
- MOTOR VEHICLE
- Any vehicle that is self-propelled by a motor, including but not limited to automobiles, trucks, vans, construction vehicles, etc.
- TEXT MESSAGE [also referred to as "short messaging service (SMS)"]
- 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.
- WIRELESS HANDSET
- 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.
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.
Notwithstanding Subsection A, this article shall not be construed to prohibit the use of any wireless handset by:
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;
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 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.
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.