Lathrop Municipal Code Ch. 8.48 Pedestrian Use of Mobile Electronic Devices

As used in this section, the following definitions shall apply. For purposes of this chapter, these definitions shall supersede any other definitions of the same terms elsewhere in this Code.

"Emergency responders"

include, but are not limited to, public safety officers of either municipal or county police department or fire department, emergency medical technicians, paramedics, private ambulance service responders, emergency management workers, and federal and state law enforcement and fire service officers on duty and responding to an emergency service request.

"Mobile electronic devices"

means any handheld, head- or body-mounted, or portable electronic equipment capable of providing wireless and/or data communication between two or more persons or a device for providing amusement, including but not limited to a cellular phone, smart phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, video/audio player, digital photographic device, or any other similar electronic device.

"Pedestrian"

means a person who is afoot or who is using any of the following: (1) a means of conveyance propelled by human power other than a bicycle; or (2) an electronic personal mobility device.

"Personal audio equipment"

means any device placed in, on or around a person's ear capable of providing an audible sound, including, but not limited to, headphones or ear buds.

"Viewing"

means looking in the direction of the screen of a mobile electronic device.

(Ord. 20-412 § 1)

A. No pedestrian shall cross a street or highway while engaged in a phone call, viewing a mobile device or with both ears covered or obstructed by personal audio equipment.

B. Upon presenting evidence, it is an affirmative defense to any citation for a violation of subsection A that the cited person was engaged in, or making a "911" emergency communication with a mobile electronic device.

C. Emergency responders viewing a mobile electronic device, or whose ears are covered or obstructed by audio equipment, while in the performance and scope of his or her official duties are exempt from subsection A.

D. Persons, whose disability necessitates the use of a mobile electronic device or personal audio equipment to safely cross a street or highway, are exempt from subsection A.

(Ord. 20-412 § 1)

A violation of this chapter shall constitute an infraction. Conviction of an infraction under this chapter shall be punishable by no jail time and no fine.

(Ord. 20-412 § 1)