(a) Purpose. The purpose of this section is to establish regulations regarding the use of portable electronic devices 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 portable electronic device; by sending and/or reading text messages; sending or reading e-mail messages; internet browsing; game playing; or any other use of the portable electronic device will 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 portable electronic devices, 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, property, 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) “Portable Electronic Device” includes, but is not limited to, a wireless electronic communication device that provides for data communication other than by voice.
(2) “Use” means to operate a portable electronic device in:
A. Dialing
B. Typing
C. Answering
D. Reading
E. Writing
F. Sending
(3) “Park” means for an automatic transmission vehicle 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.
(c) Title and application of section.
(1) This section shall be known and may be cited as the Lower Chichester Township Portable Device Ordinance.
(2) This section shall be liberally construed and applied to promote its purpose and policies.
(d) Purpose of this section. It is the purpose of this section and the Policy of the Township to regulate the use of portable electronic devices, which are used while persons are operating a motor vehicle, in order to protect that person, as well as other drivers; passengers; pedestrians; property and the general populace of the Township.
(e) Uses and restrictions.
(1) No person shall operate a motor vehicle on any street or highway, while using a portable electronic device or while engaging in any conduct defined as use of a portable electronic device.
(2) Division (1) does not apply to a person who is using a portable electronic device:
A. To contact police, fire, ambulance or other public safety forces; or
B. While maintaining the vehicle in park position either on public or private property.
(f) Exceptions. 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.
(g) Procedure upon violation. Violation of this section is a non-moving civil violation. To the extent that such violation occurs, a person 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. Violation of this Ordinance does not prevent the enforcement of any other Ordinances and/or Pennsylvania Motor Vehicle Code Sections.
(Ord. 2009-02. Passed 8-17-09.)