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Wireless telecommunication service shall mean two-way real time voice or other data telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service. (b) It shall be unlawful for any person to use a hand-held mobile telephone to engage in a call or use a mobile communication device to send, read, or write a text message, while operating a moving motor vehicle in school zone: (1) on an official school day; (2) during the hours when the school zone is in effect. See Section 110-113 for the list of times in which school zones are in effect; and (3) when signs stating, "NO TEXT-MESSAGING OR HAND-HELD CELL PHONE USE IN ACTIVE SCHOOL ZONE," or similar language is conspicuously posted at each entrance to the school zone. (c) An operator of a motor vehicle who holds a mobile telephone 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 section. Immediate proximity is any distance that permits the user of a mobile telephone to hear telecommunications transmitted over the telephone and does not require physical contact with the user's ear. (d) It is a defense to prosecution under this section if a person is: (1) using the mobile telephone or mobile communication device to report illegal activity to a law enforcement agency; to communicate with an emergency response operator, a fire department, a law enforcement agency, a hospital, a physician's office, or a heath clinic regarding a medical or other emergency situation; or to prevent injury to a person or property; or (2) operating an authorized emergency vehicle and using the mobile telephone or mobile communication device in the course and scope of the person's official duties; or (3) using a hands-free mobile telephone in a hands-free manner. (e) Any person violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding five hundred dollars ($500.00). An offense under this section is not a moving violation and may not be made a part of a person's driving record or insurance record. " SECTION 3. Savings/Reuealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance No. 2008-19 Ordinance Prohibiting the Use of Hand-held Mobile Telephones in School Zones Page 3 508687.v3 - 000146