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(b) A person commits an offense if the person uses a hand-held mobile <br />telephone to engage in a call or uses a mobile communication device to <br />send, read, or write a text message, electronic mail or other electronic <br />message while operating a moving motor vehicle in a reduced speed school <br />zone: <br />1) On an official school day; <br />2) During the hours when a reduced speed school zone is in effect; <br />3) When signs are conspicuously posted to indicate the beginning <br />and end of the reduced speed school zone; and <br />4) When signs indicating hand-held cell phone use is prohibited are <br />conspicuously posted at each entrance to the reduced speed <br />school zone. <br />(c) An operator of a motor vehicle who holds a mobile telephone to or in <br />the immediate proximity of his or her ear while the vehicle is in motion is <br />presumed to be engaging in a call under this section. Immediate proximity <br />is any distance that permits the user of a mobile telephone to hear <br />telecommunications transmitted over the telephone and does not require <br />physical contact with the user's ear. <br />(d) It shall be an affirmative defense to prosecution under this section <br />that the person was: <br />1) operating an authorized emergency vehicle and using the mobile <br />telephone or mobile communication device in the course and scope <br />of the person's official duties; <br />2) using the mobile telephone or mobile communication device to: <br />A. report illegal activity to a law enforcement agency; <br />B. communicate with an emergency response operator, a fire <br />department, a law enforcement agency, a hospital, a <br />physician's office, or a health clinic regarding a medical or <br />other emergency situation; or <br />3) using a hands-free mobile telephone in a hands-free manner. <br />(e) Any person violating any of the provisions of this ordinance shall be <br />guilty of a misdemeanor and upon conviction shall be punished by a fine of <br />up to $200. Warning citations may be issued for the first 30 days following <br />the effective date of this ordinance so that an educational effort by the City <br />-3- <br />» UOC(}73 <br />