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with or iniurv or damage to as the case may be any person, vehicle, or <br />other property shall be fined not more than $500. <br />(dl The use of a mobile electronic device for the sole puroose of making a <br />"911" emer enc communication shall be an affirmative defense to this <br />ordinance. <br />(e) The following persons shall be exempt from the provisions of subsections <br />and c <br />(1) Emer~ency responders using a mobile electronic device while in <br />the performance and scope of their official duties; <br />(2) Drivers using two wav radios while in the performance and scope <br />of their work-related duties; and <br />(31 Drivers holding a valid amateur radio operator license issued by <br />the federal communications commission and usm¢ half-duplex <br />two-wav radio." <br />SECTION 2. New material is underscored. In printing this ordinance, the underscoring <br />need not be included. <br />SECTION 3. If any provision of this ordinance or the application thereof to any person <br />or circumstance, is held invalid, the invalidity does not affect other provisions or applications of <br />the ordinance which can be given effect without the invalid provision or application, and to this <br />end the provisions of this ordinance are severable. <br />SECTION 4. This ordinance shall take effect on January 1, 2010. <br />INTRODUCED <br />i~ ~f <br />COUNCIL A <br />xilo , Hawaii <br />Date of Introduction: June 2, 2009 <br />Date of 15` Reading: June 2, 2009 <br />Date of 2"d Reading: August 5, 2009 <br />Effective Date: January 1, 2010 <br />AI <br />FEFER~E: Comm. 262.11 <br />2 <br />