AN ORDINANCE TO ADD A NEW SECTION 10:101a TO CHAPTER 126 (TRAFFIC) OF TITLE X OF THE CODE OF THE CITY OF ANN ARBOR. The City of Ann Arbor Ordains: Section 1. That a new Section 10:101a be added to Chapter 126 of the Code of the City of Ann Arbor to read as follows: 10:101a. Use of Cell Phone or Other Portable Electronic Device While Operating Motor Vehicle or Bicycle Prohibited. (1) Except as otherwise provided in this section, a person shall not operate a motor vehicle or bicycle on a highway, street or other place open to the general public or generally accessible to motor vehicles or bicycles while using or operating any portable electronic device to do or attempt to do any of the following: talk to or listen to another person; create, transmit, receive, read or listen to a text, voice, or any other digital or electronic message including email; perform other non-driving tasks besides selecting and playing music, including but not limited to playing electronic games, viewing movies, and transcribing notes; type into or otherwise operate a navigation system; use the Internet. (2) “Electronic Device” as used in this section mean any object that may be used to perform any action that this section prohibits while operating a motor vehicle or bicycle, which includes, but is not limited to: A mobile or satellite telephone or any other electronic object commonly known as a wireless, cellular, cell, digital telephone or smartphone; Any type of paging device or personal digital assistant; Any video game or digital photographic equipment. Any type of portable computer; Any portable navigation system including but not limited to any equipment commonly known as a global positioning system or GPS. (3)   This section does not apply to the use of an electronic device while operating a motor vehicle or bicycle under any of the following circumstances: (a) the person is using a hands-free electronic device and the electronic device is not hand-held; (b) the person uses the electronic device to communicate with or obtain directions to a police department, a fire department, an authorized emergency vehicle, a hospital, or a physicians office, during an emergency situation only; (c) the person uses the electronic device while performing his or her official duties as a police officer, a member of a fire department, or the operator of an authorized emergency vehicle; or, (d) the person uses the electronic device while the motor vehicle or bicycle is stationary in a location that is not within the portion of the highway that is intended for the purpose of moving traffic and that is a legal place to park, stop, or stand a motor vehicle or bicycle. (e) the person uses the electronic device while performing his or her duties as a volunteer in the Radio Amateur Civil Emergency Service (RACES) created by the Federal Emergency Management Agency and the Federal Communications Commission and as provided for in Title 47, Part 97, Subpart E, Section 97.407 of the Code of Federal Regulations. (4) This section does not apply to the following electronic or other devices if they are built into the vehicle and they do not otherwise violate City ordinance or state and federal laws: (a) An audio entertainment system and other accessory controls in the motor vehicle; (b) A vehicle navigation system, when it is in a fixed position and not hand-held. (5) The exceptions contained in subsections (3) and (4) are to be strictly construed. The exceptions apply only under the conditions and to the persons specifically described. The exceptions do not apply under any other conditions or to any other person including, but not limited to, City employees while on duty, drivers of any type of bus, and drivers of taxicabs. (6)   A defendant who claims he or she used the electronic device without using his or her hands has the burden of proof that this exception applies. (7)    This section may be enforced against the operator of a motor vehicle or bicycle whether or not the operator has been detained for a suspected violation of this Chapter or of any other law or ordinance. (8)   A person who violates this section is responsible for a civil infraction. (9) The penalty for a violation of this section shall be: (a) A fine of $125.00 plus costs, if there was no motor vehicle accident for which defendant was reported to be at fault on a vehicle crash report form completed by the police. (b) A fine of $300.00 plus costs, if there was a motor vehicle accident for which defendant was reported to be at fault on a vehicle crash report form completed by the police. Section 2. That this Ordinance shall take effect on the sixtieth day following legal publication.