[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 2-11-2003 by Ord. No. 03-4. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- ENGAGE IN A CALL
- Talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
- HAND-HELD MOBILE TELEPHONE
- A mobile telephone with which a user engages in a call using at least one hand.
- HANDS-FREE MOBILE TELEPHONE
- 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, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.
- IMMEDIATE PROXIMITY
- The distance that 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 car.
- MOBILE TELEPHONE
- The device used by subscribers and other users of wireless telephone service to access such service.
- USING
- Holding a mobile telephone to, or in the immediate proximity of, the user's ear.
- WIRELESS TELEPHONE SERVICE
- Two-way real-time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service.
A.
Except as otherwise provided in this section, no person
shall operate a motor vehicle upon a public street or highway while
using a mobile telephone to engage in a call while such vehicle is
in motion.
B.
An operator of a motor vehicle who holds a mobile
telephone 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. The presumption established by this subsection
is rebuttable by evidence tending to show that the operator was not
engaged in a call.
C.
The provisions of this section shall not be construed
as authorizing the seizure or forfeiture of a mobile telephone, unless
otherwise provided by law.
Section 195-2 shall not apply to:
A.
The use of a mobile telephone for the sole purpose
of communicating with any of the following regarding an emergency
situation: an emergency response operator; a hospital, physician's
office or health clinic; an ambulance company or corps; a fire department,
district or company; or a police department;
B.
Any of the following persons while in the performance
of their official duties: a police officer or peace officer; a member
of a fire department, district or company; or the operator of an authorized
emergency vehicle as defined in section one hundred one of this chapter;
or
C.
The use of a hands-free mobile telephone.
