24-19 Clean Cell Phone Ordinance (2) test copy

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(9) Telecommunications device means an electronic or digital telecommunications device or digital telecommunications device as addressed in Indiana Code §9-13-2-177.3 and includes hand-held mobile or wireless telephones and mobile communication devices. (10) Wireless telephone means a device used by subscribers and other users of wireless telephone service to access such service. (11) 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. Sec. 20-131. - Drivers prohibited from using hand-held mobile or wireless telephones, mobile communication devices and telecommunication devices while driving. (1) Except as provided in Sec. 20-132, a person may not: (a) hold or handle an electronic communications device; (b) participate in text messaging; or (c) view, record, or broadcast images or video; while operating a moving motor vehicle. (2) An operator of a motor vehicle who holds a mobile telephone or telecommunications device or an electronic communications device 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 article. Immediate proximity is any distance that permits the user of a mobile telephone or telecommunication device to hear telecommunications transmitted over the telephone or device and does not require physical contact with the user's ear. Sec. 20-132. - Limited exceptions. Section 20-131 does not apply to the following: (1) A law enforcement officer who is operating within the scope of the officer's employment, including while the law enforcement officer is: (A) working in a plainclothes capacity; (B) working in an undercover capacity; or (C) responding to an emergency.