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"SECTION VIII. USE OF HAND-HELD MOBILE TELEPNONES PROHIBlTED iN CERTAIN LOCATIONS Sec. 86-190. Use of Hand-Heid Moblle Telephones Prohibited in Active School Zones. (a) For purposes of this section the foNowing definitions appiy: (1) °Engaging in a call" shall mean talking into, dialing or listening on a hand-held mobile telephone, but shall not inciude holding a mobile telephone to activate or deactivate such telephone. (2) "Hands-free mobile telephone" shail mean a mobile telephone that has an intemai 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 physicaliy disabled person), is necessary to activate, deactivate or initiate a function of such a telephone. (3) "Hand-heid mobile telephone" shali 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 servic$ and shall include Personal Digital Assistants. (5) "Personal Digital Assistant" shall mean a device operated using a wireless telecommunications servics that provides for data communication other than by voice. (6) "Wirelsss telephone service' shall mean twaway 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 otherwise provided below, it shall be unlawful for a person to drive or operate a motor vehicle in a school zone, as designated pursuant to Section 86.50 of the City of Highland Village Code of Ordinances, on official school days, during the hours when school zones are in effect, and when school zone signs and signs prohibiting hand-held mobile 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 motor 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