[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-15-2003 by Ord. No. 1421. 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.
- HANDS-FREE MOBILE TELEPHONE
- A mobile telephone that has 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 ear.
- MOBILE TELEPHONE
- The device used by subscribers and other users of wireless telephone services to access such service.
- Holding a mobile telephone to, or in the immediate proximity of, the user's car.
- 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.
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 unless such operator is engaged in a hands-free call.
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 rebutable by evidence tending to show that the operator was not engaged in a call.
The provisions of this section shall not be constructed as authorizing the seizure or forfeiture of a mobile telephone, unless otherwise provided by law.
A violation of this chapter shall be punishable by a fine not to exceed $250.