CHAPTER 440
Operation of Motor Vehicles
440.01   Maximum speed limits established on certain streets.
440.02   Driving over curbs and sidewalks.
440.03   Cellular phones use restrictions.
440.04   Use of motor driven vehicles.
440.05   Violating crossing guard directions.
440.06   Portable electronic device use restrictions.
 
440.99   Penalty.
   CROSS REFERENCES
   Obedience to and effect of traffic laws - see Vehicle Code §§ 3101 et seq.
   Rules of the road - see Vehicle Code §§ 3301 et seq.
   Speed - see Vehicle Code §§ 3361 et seq.
   DUI - see Vehicle Code §§ 3731
   Accidents and accident reports - see Vehicle Code §§ 3741 et seq.
   Vehicle equipment - see Vehicle Code §§ 4101 et seq.
440.01  MAXIMUM SPEED LIMITS ESTABLISHED ON CERTAIN STREETS.
   (a)   The maximum speed of vehicles on the following streets is hereby fixed and limited to fifteen miles per hour.
Baker Street
Hewes Avenue
Beale Street
Huddell Street
Brookside Avenue
Hutchinson Street
Chadwick Avenue
Jones Drive
Cooper Drive
Laughead Avenue east of Chichester Avenue to the Township line
Cranston Street
Crosgrove Street
Laughead Avenue between Chichester Avenue and Hewes Street
Ebright Drive
Edwards Street
Elliot Drive
Ervin Avenue
Fronefield Avenue
Green Street
Harvey Avenue
Lindsay Drive
Richardson Drive
Maise Drive
Simpson Street
Martin Drive
Sterling Avenue
Morton Street
Summit Street
Myrtle Drive
Ward Street
National Avenue
Weber Drive
Norwood Drive
White Avenue
Ormond Street
Wood Drive
Palmer Drive
Worrilow Street
Pechmann Drive
Yates Avenue
Pierce Drive
 
(Ord. 255.  Passed 5-16-49; Ord. 339.  Passed 9-19-60.)
   (b)   The speed on State highways from Station 0+00 right side to 20+36 right side shall be and is hereby limited to thirty-five miles per hour.
(Res. 366.  Passed 9-16-63.)
440.02  DRIVING OVER CURBS AND SIDEWALKS.
   No person shall drive any vehicle upon or over any curb or sidewalk in the Township without first having established a depressed curb and constructed an apron between said curb and sidewalk in accordance with the rules, regulations and ordinances of the Township pertaining thereto.
(Ord. 284.  Passed 2-15-54.)
440.03  CELLULAR PHONES USE RESTRICTIONS.
   (a)   Purpose.  The purpose of this section is to establish regulations regarding the use of mobile telephones in the Township of Lower Chichester (hereinafter the "Township") while driving a motor vehicle.  It is the position of the Township that the operation of a motor vehicle on the public roadways while using a telephone may cause the operator to maintain less than full-time attention to the operation of said motor vehicle.  The Township further believes that the regulation of the use of mobile telephones while operating a motor vehicle in the Township will enhance the safety of those persons operating motor vehicles as well as other drivers, passengers, pedestrians and the general populace of the Township.
   (b)   Definitions.  Unless the context specifically and clearly indicates otherwise, the meaning of the following terms used in this section shall be as follows:
      (1)   "Mobile telephone" includes, but is not limited to cellular, analog, wireless and digital telephones.
      (2)   "Park," for an automatic transmission vehicle, means that the vehicle is in the park gear; for a standard transmission vehicle that the vehicle is in the neutral gear and the brake is being utilized or otherwise stationary.
      (3)   "Use" means to operate a mobile telephone in dialing, answering, talking, and listening.
   (c)   Application of Section.  This section shall be liberally construed and applied to promote its purpose and policies.
   (d)   Uses, Restrictions.
      (1)   No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as use of a mobile telephone unless the operator maintains both hands on the applicable steering device.
      (2)   Paragraph (1) hereof does not apply to a person who is using a mobile telephone:
         A.   To contact police, fire, ambulance or other public safety forces;
         B.   While maintaining the vehicle in park position either on public or private property; or
         C.   With a "hands-free device" which allows the operator to maintain both hands on the vehicle while using the mobile telephone.
   (e)   Exceptions.
      (1)   The provisions of this section shall not apply to law enforcement officers, operators of emergency vehicles when on duty and acting in their official capacities.
      (2)   The use of emergency 911 phone numbers shall not be prohibited for any person operating a motor vehicle in the Township.
   (f)   Procedure upon Violation.  Anyone who shall violate the provision of this section while operating his or her motor vehicle, in addition to any other violation of the Pennsylvania Motor Vehicle Code, and to the extent that such violations occurred, shall upon conviction hereof, be sentenced to pay a fine of not more than seventy-five dollars ($75.00), plus costs of prosecution.  Said fines to be payable to the Township treasury.
(Ord. 2003-1.  Passed 1-20-03.)
440.04  USE OF MOTOR DRIVEN VEHICLES.
   (a)   No person shall operate a motor vehicle, motorcycle or tractor upon any sidewalk in the Township; nor shall any person operate a motor vehicle, tractor or motorcycle upon or across any sidewalk, except in order to gain access to or egress from a driveway or alley at such location where the curb, if such sidewalk is curbed, shall have been properly cut down for the said purpose.
   (b)   No person shall operate any motor driven vehicle or devices including, but not limited to: all-terrain vehicles, snowmobiles, mini-bikes, scooters, skateboards, power-wheels, pedalcycles, or motorized go-carts upon any sidewalk located in the Township.
   (c)   No person shall operate a motor driven vehicle, or devices, including but not limited to all-terrain vehicles, snowmobiles, mini-bikes, scooters, skateboards, power wheels, pedalcycles, motorized go-carts upon any street, way, alley or highway located in the Township.  This section does not apply to any passenger motor vehicle, tractor or motorcycle which is a properly registered motor vehicle provided that said vehicle is operated by a properly licensed driver.
   (d)   Penalty.  Any person, firm or corporation who shall violate provisions of this section, shall, upon conviction thereof, be sentenced to pay a fine of not more than one thousand dollars ($1,000), plus costs and in default of payment of said fine and costs to a term of imprisonment not to exceed thirty days.
   (e)   This section shall not apply to any person who is physically handicapped, physically disabled, or is physically challenged and is operating a motorized device as a result of said handicap, disability or physical challenge, which device is recognized by the Americans With Disabilities Act, as a proper mode of conveyance.
(Ord. 2003-09.  Passed 5-19-03.)
440.05  VIOLATING CROSSING GUARD DIRECTIONS.
   (a)   Any person, upon proper notice or audible warning, who fails to comply with the directions of a duly posted crossing guard, between September 1 and July 1 of each year, between the hours of 6:00 a.m. until 6:00 p.m., shall be subject to a fine of not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00).
   (b)   In the case of a minor person, who is less than eighteen years of age, such first offense shall result in a warning summons being issued, which will be sent to the parent, or parents, or legal guardian of said minor person, and to the school. A second or subsequent offense shall result in the violation being charged against the parent, or parents, or legal guardian of the said minor person.
   (c)   The Board of Commissioners, and/or the Chief of Police, may change the said times during which this section is in effect.
(Ord. 2002-02.  Passed 10-21-02.)
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