§ 10.24.170. Driving while using cellular telephone prohibited—Exceptions.

A.

Within the city of Cheyenne, no person shall use a cellular telephone, for any purpose, while operating a motor vehicle unless the cellular telephone is specifically designed to allow hands-free operation and is used in a hands-free manner.

B.

This section shall not apply to the following persons:

1.

A person who is occupying a legally parked motor vehicle; or

2.

A person who is specifically contacting an emergency services agency to inform that agency of an emergency.

C.

As used in this section, the following term is defined: "Cellular telephone" (also known as hand phone, wireless phone, cell phone, mobile phone, mobile telephone, cellular phone or cell telephone) is a mobile communication device that uses short-wave analog or digital radio transmissions between the device and a transmitter to permit wireless communications to and from the user of the device.

D.

Any person who operates a motor vehicle in violation of this section shall be guilty of a misdemeanor. The penalty for a violation of this section shall be a monetary fine not to exceed seven hundred fifty dollars ($750.00) as determined by the municipal court.

(Ord. No. 3870, § 1, 9-14-09)