§ 30-30. Texting while driving.

(a)

Offense. It is unlawful for a person to drive a motor vehicle in motion on a public street or highway or in a public place within the town limits, while text messaging, reading text messages, reading printed materials, or e-mailing. The arresting officer or the defendant may admit as evidence, without providing chain of custody, telephone number or texting information, or both, that are relevant to a violation of this section.

(b)

Exceptions. The provision of this section shall not apply to the following:

(1)

The operator of a motor vehicle that is lawfully parked or stopped.

(2)

Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.

(3)

The use of factory-installed or aftermarket global positioning system (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.

(c)

Penalty. Any person found to have violated this ordinance shall be guilty of a misdemeanor and subject to a fine of up to $500.00 or imprisoned for not more than 30 days, or both, upon conviction.

(Ord. No. 11-05, 5-17-2011)