[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 6-22-10 as Ord. No. 2010-24. Amendments noted where applicable.]
As used in this section, the words and phrases herein defined shall have the following meaning, unless the context otherwise requires:
ENGAGE A CALL
Talking or listening on a hand-held mobile telephone or texting.
HAND-HELD MOBILE TELEPHONE
A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate, or initiate a function of such telephone.
IMMEDIATE PROXIMITY
That distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require physical contact with such operator's ear.
MOBILE TELEPHONE
The device used by subscribers and other users of wireless telephone service to access such service.
USING
Holding a mobile telephone to, or in the immediate proximity of, the user's ear or used to text.
WIRELESS TELEPHONE SERVICE
Two-way real time voice telecommunications service that is interconnected to a public switched telephone network.
A. 
Except as otherwise provided in this section, no person shall operate a motor vehicle in the Town including a School Parking Lot while using a mobile telephone to engage in a call or texting while such vehicles is in motion.
B. 
An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of, his or her ear, or text while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a mobile telephone.
Section 88A-2 of this chapter shall not apply to:
A. 
The use of a mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: an emergency response operator; physician's office or health clinic; an ambulance company; a Fire Department; or a Police Department; or
B. 
Any of the following persons while in the performance of their official duties: a Police Officer; a member of a Fire Department; or the operator of an authorized emergency vehicle; or
C. 
The use of a hands-free mobile telephone.
Any person violating any provision of this chapter shall be punished for a first conviction by a fine of not more than $100; for a second such conviction within one year thereafter by a fine of not more than $200; and upon a third or subsequent conviction within one year after the first conviction by a fine of not more than $500.