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read, or write a text message, electronic mail or other electronic message <br />while operating a moving motor vehicle in a reduced speed school 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) Subsection (b) shall not apply to: <br />1) the use of a mobile telephone for the sole purpose of <br />communicating with any of the following regarding an <br />emergency situation: an emergency response operator; a <br />hospital, a physician's office or health clinic; or a public safety <br />department; <br />2) any law enforcement, police officer, emergency services official, <br />first aid, emergency medical technicians and personnel, or any <br />fire safety official in the performance of duties arising out of an <br />emergency in the course of his or her employment as such; or <br />3) the use of a hands -free mobile telephone when being used in a <br />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 />of Paris and the city's school districts may be conducted to inform the <br />public about the importance and requirements of this new ordinance. <br />(f) An offense under this section is not a moving violation and may not be <br />made a part of a person's driving record or insurance record. <br />-3- <br />