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(c) No holder of a temporary instruction permit who has not attained the age of <br />eighteen years and no holder of a probationary driver's license shall drive a motor <br />vehicle on any street, highway or property used by the public for purposes of <br />vehicular traffic or parking while using in any manner an electronic wireless <br />communications device. <br />(d) Subsection (c) of this section does not apply to any of the following: <br />(1) A person using an electronic wireless communications device for <br />emergency purposes, including an emergency contact with a law enforcement <br />agency, hospital, or health care provider, fire department, or other similar <br />emergency agency or entity; <br />(2) A person using an electronic wireless communications device whose motor <br />vehicle is in a stationary position and the motor vehicle is outside a lane of travel; <br />(3) A person using a navigation device in a voice- operated Of and hands -free <br />manner who does not manipulate the device while driving. <br />(e) Whoever violates subsection (a) of this section on a first offense is guilty of <br />a minor misdemeanor. Whoever violates subsection (c) of this section shall be <br />adjudicated in accordance with juvenile court law and procedure. <br />(f) (Reserved.) <br />(g) As used in this section: <br />(1) "Electronic wireless communication device" includes a wireless telephone; <br />a text - messaging device; a personal digital assistant; a computer, including a <br />laptop computer and a computer tablet; and any other substantially similar <br />wireless device that is designed or used to communicate text or via voice, image <br />or written word. <br />(2) "Voice- operated or and hands -free device" means a device that allows the <br />user to vocally compose or send, or to listen to a text -based communication or to <br />dial, talk, answer or listen for the purposes of making an audible communication, <br />without the use of either hand. <br />(3) "Write, send or read a text -based communication" means to manually write <br />or send, or read a text -based communication using an electronic wireless <br />communications device, including manually writing or sending, or reading <br />communications referred to as text messages, instant messages, or electronic mail. <br />(4) "Handheld" means within a person's hand at the time of use. <br />Section 2. It is found and determined that all formal actions of this Council concerning and <br />relating to the passage of this ordinance were passed in an open meeting of this Council and that <br />all deliberations of this Council and any of its committees that resulted in such actions were in <br />meetings open to the public and in compliance with legal requirements. <br />Section 3. This ordinance is hereby declared to be an emergency measure necessary for the <br />immediate preservation of the public peace, property, health, safety and welfare in the City and for <br />the usual daily operation of the City for the reasons set forth and defined in the preamble to this <br />ordinance, and provided it receives the affirmative vote of at least two thirds of the members of <br />Council, this ordinance shall take effect and be in force on the 90th day following its adoption by <br />the Council and approval by the Mayor, or otherwise it shall take effect and be in force after the <br />earliest period allowed by law. <br />Adopted: <br />ide C n <br />4 <br />