[HISTORY: Adopted by the City Council of the City of Paterson 2-25-2003 by Ord. No. 03-004. Amendments noted where applicable.]
Editor's Note: This ordinance was preempted by state statute that became effective 7-1-2004.
It is the purpose of this chapter and the policy of the municipality to regulate the use of mobile telephones by persons operating motor vehicles in order to protect other persons within the municipality. This chapter shall be liberally construed and applied to promote its purposes and policy.
As used in this chapter, the following terms shall have the meaning indicated:
- MOBILE TELEPHONE
- Including but not limited to cellular, analog, wireless and digital telephones.
- For an automatic transmission, that the vehicle is in the park gear; for a standard transmission, that the vehicle is in the neutral gear and the brake is being utilized or the vehicle is otherwise stationary.
- To use a mobile telephone in dialing; answering; talking; and listening.
Notwithstanding anything contained in this chapter to the contrary, this chapter shall not be construed to prohibit the use of a mobile telephone:
By a person who is using a mobile telephone to contact public safety personnel in emergency situations.
While maintaining the vehicle in the parked position either on public or private property or with a hands free device which allows the operator to maintain both hands on the vehicle's applicable steering device while using the mobile telephone.
No person shall operate a motor vehicle on any street or highway in the City of Paterson while engaging in any conduct defined as the "use" of a mobile telephone unless the operator maintains both hands on the applicable steering device by using a hands free device.
Violations of any provision of this chapter shall be punishable by a fine not to be less than $100 and not to exceed $250. For the initial thirty-day period after this chapter takes effect, violators will be issued only warnings. After the thirty-day period, summonses for violations will be issued.