Sec. 15-24.23 — Mobile electronic devices.
(a) No person shall operate a motor vehicle while using a mobile electronic device.
(b) The use of a mobile electronic device for the sole purpose of making a “911” emergency communication shall be an affirmative defense to this ordinance.
(c) The following persons shall be exempt from the provisions of subsection (a):
(1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties;
(2) Drivers using two-way radios while in the performance and scope of their work-related duties;
(3) Drivers holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio.
(d) As used in this section:
“Emergency responders” include firefighters, emergency medical technicians, mobile intensive care technicians, civil defense workers, police officers and federal and state law enforcement officers.
“Mobile electronic device” means any handheld or other portable electronic equipment capable of providing wireless and/or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle or video entertainment to the passengers in the rear seats of the motor vehicle.
“Operate” a motor vehicle means the same as is defined in HRS Section 291E-1.
“Use or using” means holding a mobile electronic device while operating a motor vehicle. (Added by Ord. 09-6)