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Appendix A <br />(Section 46-55, Code of Ordinances) <br />Section 46-55. Use of communications devices in schooi areas while driving. <br />(a) Definitfons. The foilowing definitions apply #o this Section 46-55: <br />Engage in a Call shall mean talking into, dialing, listening on, entering or <br />reading text messages or viewing images and/or text on a Mobile <br />Communications Device. <br />Mobile Communications Device shalf inean a mobile telephone, "smart" <br />phone, personal digital assistant, pager or other device by which the user <br />communicates to another, or receives communication from anather, by <br />means of voice communications, text entry, text receipt or any other <br />means of electronically transferred data. <br />School Area shail mean thase areas designated as such in Section 46-47 <br />of this Code o# Ordinances. <br />(b) Except as otherwise provided below, it shall be unlawful for a person to <br />Engage in a Cafl whi{e operating a moving motor vehicle in a School Area, <br />on an official school day, during the hours when schaol zanes are in <br />effect, and when school zone signs and signs prohibiting Mobile <br />Communications Device use are posted. <br />(c) The operator of a motor vehicle is presumed to Engage in a Call if such <br />operator holds a Mobile Communications Device to or in the immediate <br />proximity of his ear whiie such vehicle is in motion. "Immediate proximity" <br />shatl mean the distance permitting the user of a Mobile Communications <br />Device to hear telecommunications transmitted aver such device, but shall <br />not require physical contact with such operator's ear. <br />(d) Subsection (b) shall not apply to: <br />(1) The use of a Mobile Communications Device for the sole purpose <br />of communicating with an emergency response operatar, hospital, <br />physician's office or health clinic, or the City`s police or fire <br />department during an emergency situation; <br />(2) Law enforcement, public safety or police officers, emergency <br />services officials, first aid, emergency medical technicians and <br />personnel, or any fire safety officials when the specific use of a <br />Mobile Communications Device at issue occurred in the <br />performance of dufiies arising out of and in the course of their <br />employment as such; and <br />(e) Any person violating this section shall be guilty of a misdemeanor and <br />W 000150 <br />