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"SECTION VIII. USE OF HAND-HEID MOBILE TELEPHONES PROHIBITED IN CERTAlN LOCATIONS Sec. 86-190. Use of Hand-Held Mobils Telephones Prohibited in Active School Zones. (a) For purposes of this section the foilowing definitions apply: (1) "Engaging in a cali" shall mean talking into, dialing or listening on a hand-heid mobile telephone, but shali not include holding a mobile telephone to activate or deactivate such telephone. (2) "Hands-free mobile telephone" shall mean 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 such mobile telephone, or is a part of the motor vehicle, 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), is necessary to activate, deactivate or initiate a function of such a telephone. (3) "Hand•held mobile telephone" shall mean a mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person). (4) "Mobile telephone° shall mean the device used by subscribers and other users of wireless telephone service to access such service and shall include Personal Digital Assistants. (5) "Personal Digital AssistanY shall mean a device operated using a wireless telecommunications service that provides for data communication other than by voice. (6) "Wireless telephone service" shall mean two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly refeRed to as a cellular service or personal communications service. (b) Except as othenaise provided below, it shall be unlawful for a person to drive or operate a mator vehicle in a school zone, as designated pursuant to Section 86.50 of the City of Highland Village Code of Ordinances, on official schoal days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mabile telephone use are posted in place, while using a hand-held mobile telephone to engage in a call or to create, send or read messages. (c) An operator of a mator vehicle who holds a mobile telephone to or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. "Immediate proximity" shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear. Ordinance 08-1049 Page 2 of 4 - 000154