Texting While Driving_Ordinance No. 10663-19

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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. (2) A firefighter, emergency medical technician (EMT), paramedic, other first responder or other emergency personnel, including authorized volunteers, while acting within the scope of their employment or authority and while responding to an emergency. (3) A driver using an electronic communications device for the sole purpose of communicating with emergency personnel or law enforcement regarding an emergency. (4) A driver using an electronic communications device by means of hands free or voice operated technology, including by: (A) use of a headset or earpiece to conduct a voice communication; (B) use of a device that is: (i) designed to be worn on the wrist; and (ii) capable of being used to conduct hands free voice communication; (C) use of technology that uses voice recognition to convert a voice communication into text for purposes of transmission as a text message, electronic mail message, or other electronic data; if the device requires the driver to press not more than one (1) button to initiate or terminate a voice communication or transmission described in this subdivision. (4) A driver using an electronic communications device while parked on the shoulder of a public highway. (5) A driver using an electronic communications device when: (A) the vehicle is not in motion; and (B) the vehicle's transmission is in "park". (6) A driver using: (A) a navigation or global positioning feature of an electronic communications device; or (B) a fixed device that is designed to continuously record or broadcast video from within or outside a motor vehicle; without holding or handling the device. (7) A driver using a manufacturer installed system that is embedded or integrated into the vehicle. Sec. 20-133. - Violations and penalties. (1) Any person violating any provisions of this article shall be issued a citation and be subject to the following fines: