9946-09 Amend Chapter 20, Inclusion of new article 13 - regulations on the use of handheld mobile telephones

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Telecommunication Devices in School Crossing Zone Ordinance Page 4 (b) An operator of a motor vehicle who holds a mobile telephone or telecommunications 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. If the person operating a moving motor vehicle in a school crossing zone was: (a) operating an authorized emergency vehicle and using a hand -held mobile telephone, mobile communication device or other telecommunications devise in the course and scope of the person's official duties; (b) using the mobile telephone or mobile communication device to: (1) report illegal activity to a law enforcement agency; (2) communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a health clinic regarding a medical or other emergency situation; or (3) is using a hands -free mobile telephone in a hands -free manner shall be considered exempt from the provisions of this Article. Sec. 20 -133 Violations and Penalties. (a) Any person violating any provisions of this Article shall be issued a citation and be subject to the following fines: (1) Seventy -Five Dollars ($75.00) for the first violation; (2) One Hundred Twenty -Five Dollars ($125.00) for the second violation; (3) Two Hundred Fifty Dollars ($250.00) for all subsequent violations however, if a person violating any provisions of this Article has an accident in a School Crossing Zone, the citation shall automatically result in a fine of Two Hundred and Fifty Dollars ($250.00). (b) Any person issued a citation for violating any provision of this Article shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of the citation shall result in the assessment of a late fee of fifty dollars ($50.00). (c) Each violation of this Article shall constitute a separate offense.