COM 0262.002 2008-2010 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 24, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO INATTENTION TO DRIVING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 24, article 7, division 3, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "SECTION 24- Use of mobile electronic devices while operating a vehicle. ~ As used in this section unless the context clearly requires otherwise: "Emergency responders" include fire fighters, emerQeney medical service technicians mobile intensive care technicians, civil defense workers, police officers and federal and state law enforcement officers. "Mobile electronic device" means anv hand-held 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 ~aeing device personal digital assistant laptop computer video game or digital photographic device, but does not include anv audio equ~ment or anv 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 to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway. "Use or usine_" means holding a mobile electronic device while operative, a motor vehicle." (b) It shall be a violation under this section to operate a motor vehicle while using a mobile electronic device, unless used with ahands-free device. Andperson convicted of violative this subsection shall be subject to a maximum fine of $150. (c) Whoever operates any vehicle while using a mobile electronic device, unless used with ahands-free device, in a manner as to cause a collision with or iniury or damage to, as the case may be, andperson, vehicle, or other property shall be fined not more than $500. (d) 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. (e) The following persons shall be exempt from the provisions of subsections bandc: