(a) 
Definitions.
In this section:
Electronic mail or e-mail
means an exchange of computer-stored messages by telecommunication.
Engaging in a call
means talking into, dialing, or listening on a hand-held mobile telephone, but does not include holding a mobile telephone to activate or deactivate the telephone.
Hand-held mobile telephone
means a mobile telephone with which a user engages in a call using at least one (1) hand (or prosthetic device or aid in the case of a physically disabled person).
Hands-free mobile telephone
means 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 the mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate or deactivate the mobile telephone.
Mobile communication device
means a text-messaging or electronic mailing device or other electronic, two-way communication device that is designed to receive and transmit voice communication, text communication, or both. The term includes, but is not limited to: a mobile telephone and a personal digital assistant (PDA).
Mobile telephone
means a device used by subscribers and other users of wireless telephone service to access such service.
School zone
means a reduced speed school traffic zone enacted by ordinance by the city council.
Text message
means a two-way communication (whether real-time or asynchronous) in which data (composed in whole or in part of text, numbers, images, or symbols) is sent, entered, or received by a method other than by voice and transmitted through either a short message service (SMS) or a computer network. The term does not include a communication transmitted through a global position or navigation system.
Wireless telephone service
means two-way, real time voice telecommunications service that is interconnected to a public switched telephone network and is commonly referred to as cellular service or personal communication service.
(b) 
Offenses.
A person commits an offense if the person uses a hand-held mobile telephone to engage in a call or uses a mobile communication device to send, read, or write a text message, electronic mail or other electronic message while operating a moving motor vehicle in a reduced speed school zone:
(1) 
On an official school day;
(2) 
During the hours when a reduced speed school zone is in effect;
(3) 
When signs are conspicuously posted to indicate the beginning and end of the reduced speed school zone; and
(4) 
When signs indicating hand-held cell phone use is prohibited are conspicuously posted at each entrance to the reduced speed school zone.
(c) 
Presumption that operator is engaging in call.
An operator of a motor vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while the vehicle is in motion is presumed to be engaging in a call under this section. Immediate proximity is any distance that permits the user of a mobile telephone to hear telecommunications transmitted over the telephone and does not require physical contact with the user’s ear.
(d) 
Exceptions.
Subsection (b) shall not apply to:
(1) 
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, or a public safety department;
(2) 
Any law enforcement, police officer, emergency services official, first aid, emergency medical technicians and personnel, or any fire safety official in the performance of duties arising out of an emergency in the course of his or her employment as such; or
(3) 
The use of a hands-free mobile telephone when being used in a hands-free manner.
(e) 
Penalty.
Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in accordance with the general penalty provided in section 1.01.009. Warning citations may be issued for the first thirty (30) days following the effective date of the ordinance from which this section derives, so that an educational effort by the city and the city’s school districts may be conducted to inform the public about the importance and requirements of this section.
(f) 
Nature of offense.
An offense under this section is not a moving violation and may not be made a part of a person’s driving or insurance record.
(g) 
Enforcement officers.
In addition to enforcement by a peace officer of the city, this section may be enforced by a peace officer of another entity, including those employed by school districts, duly authorized to issue traffic citations within the city.
(Ordinance 2008-042, sec. 2, adopted 11/10/08; 1988 Code, sec. 31-58; Ordinance adopting 2021 Code)