(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.)