§ 24-179. Use of handheld mobile telephone or portable electronic device; prohibited conduct; exceptions; penalties.

(a)

Definitions .

(1)

"Hands-free use" means the use of a mobile communication device without the use of either hand.

(2)

"Mobile communication device" means a wireless communication device that is designed to engage in calls; and/or receive and transmit text, images, and/or data.

(3)

"Operating a motor vehicle" means being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but excludes operating a motor vehicle when the vehicle has pulled over to the side of the road or off a roadway and has stopped at a location in which the vehicle can safely remain stationary.

(b)

No person shall, except as otherwise provided in this section, use a mobile communication device while operating a motor vehicle upon a street or highway, unless that device is specifically designed or configured to allow hands-free use and is used in that manner while operating a motor vehicle. A law enforcement officer may stop a motor vehicle or motor driven cycle if the officer has reasonable suspicion to believe a violation of this Section is occurring.

(c)

Exemptions . This section shall not apply to:

(1)

The use of a mobile communication device for the sole purpose of communicating with any of the following regarding an immediate emergency situation, safety hazard or criminal activity:

a.

An emergency response operator;

b.

An ambulance company;

c.

Fire department and rescue service personnel;

d.

Law enforcement personnel;

e.

A hospital; or

f.

A physician's office or health clinic.

(2)

The activation, initiation or deactivation of hands-free use.

(3)

Law enforcement and public safety personnel, and persons operating authorized emergency vehicles, using a mobile communication device for the purpose of communicating regarding official public safety duties.

(d)

It is an affirmative defense to a prosecution under this section that the driver was not operating the vehicle in a careless manner and was:

(1)

A driver using a two-way radio or a private land mobile radio system, within the meaning of Title 47 Code of Federal Regulations Part 90 while in the performance and scope of their work-related duties and who are operating fleet vehicles or who possess a commercial vehicle license and are operating a commercial vehicle; or

(2)

A driver holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio;

(e)

Penalty . A person who violates subsection (b) commits a civil violation and is subject to a civil penalty of up to two hundred fifty dollars ($250.00) plus any other penalty assessments authorized by law, all in accordance with the provisions of Glendale Municipal Code Chapter 13, Article I.

(Ord. No. O19-01, § 1, 1-8-19)