Section 24-218.1. Use of mobile telephones restricted in a place of public performance


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  • a. Definitions. For purposes of this section:
        (1) The  term  "mobile  telephone"  shall  mean  a  cellular,  analog,
      wireless,  digital  or other similar telephone or communications device,
      which can be used to access two-way real time  voice  telecommunications
      service  that  is  interconnected to a public switched telephone network
      and is provided by a commercial mobile radio service, as  such  term  is
      defined by 47 CFR § 20.3.
        (2)  The  term  "use"  shall  mean  to receive a mobile telephone call
      signaled by an audible sound, dial a mobile telephone, or talk or listen
      on a mobile telephone.
        (3) The term "place of public performance" shall mean the area,  room,
      or  chamber  of  any  indoor  theatre,  library, museum, gallery, motion
      picture theatre, concert hall, or building in which theatrical, musical,
      dance, motion  picture,  lecture,  or  other  similar  performances  are
      exhibited.    This  term  shall  not  include any area or venue in which
      professional or amateur sporting events are taking place.
        b. No person shall use  a  mobile  telephone  in  a  place  of  public
      performance  while a theatrical, musical, dance, motion picture, lecture
      or other similar performance is taking place.
        c. Exception. The provisions of this section shall  not  apply  to  an
      individual  who uses a mobile telephone to contact an emergency response
      operator, hospital,  physician's  office  or  health  clinic,  ambulance
      company,  fire  company,  first  aid  squad  or  police department in an
      emergency situation or in any other circumstance which may be deemed  an
      emergency.
        d. Notice to patrons. (1) The owner, operator, manager or other person
      having  control  of  any  place  of  public  performance shall, at every
      theatrical, musical, dance, motion picture,  lecture  or  other  similar
      performance,  provide  prominent  and  conspicuous  notice to patrons by
      means of announcement, signage, printed material, or other similar means
      indicating that mobile telephone use  is  prohibited  as  prescribed  in
      subdivision  b  of  this  section.  The  commissioner  of  environmental
      protection may promulgate rules regarding the size, style  and  location
      of  such  notices,  but  in promulgating such rules, the commissioner of
      environmental protection shall take into consideration the  concerns  of
      the various types of establishments regulated herein with respect to the
      style and design of such notices.
        (2)  In  addition, the owner, operator, manager or other person having
      control of any motion picture  theatre  in  which  motion  pictures  are
      exhibited  to  the  public  shall,  prior to the showing of each feature
      motion picture, show upon the movie screen information  indicating  that
      mobile  telephone  use  is  prohibited as prescribed in subdivision b of
      this section.