§ 10.32.140. Texting while driving.

A.

As used in this section:

1.

"Wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer. "Wireless communication device" does not include a device which is voice operated and which allows the user to send or receive text based communication without the use of either hand, except to activate a feature or function.

2.

"Write, send or read a written communication" means using a wireless communication device to manually type, send or read a written communication, including but not limited to, a text message, instant message or electronic mail.

B.

Except as provided in subsections C. and D., no person shall operate a motor vehicle on a public road or highway while using a wireless communications device to write, send or read a written communication.

C.

The provisions of subsection B. shall not apply to:

1.

A law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment;

2.

A motor vehicle stopped off the regular traveled portion of the roadway;

3.

A person who reads, selects or enters a telephone number or name in a wireless communications device for the purpose of making or receiving a phone call.

4.

A person who receives an emergency, traffic or weather alert message; or

5.

A person receiving a message related to the operation or navigation of the motor vehicle.

D.

The provisions of subsection B. shall not prohibit a person from using a wireless communications device while operating a moving motor vehicle to:

1.

Report current or ongoing illegal activity to law enforcement;

2.

Prevent imminent injury to a person or property; or

3.

Relay information between transit or for-hire operator and the operator's dispatcher, in which the device is permanently affixed to the motor vehicle.

E.

This section shall be a part of and supplemental to the Standard Traffic Ordinance of the City of Great Bend, Kansas.

(Ord. No. 4223, § 1, 1-17-2011)

Editor's note

Ord. No. 4223, § 1, adopted Jan. 17, 2011, set out provisions intended for use as § 10.32.130. To avoid duplication of section numbers, these provisions have been included as § 10.32.140 at the city's direction.