[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 9-15-2003 by Ord. No. 2003-12. Amendments noted where applicable.]
It is the purpose of this chapter and the policy
of the municipality to regulate the use of mobile telephones by persons
operating motor vehicles in order to protect other persons within
the municipality. This chapter shall be liberally construed and applied
to promote its purposes and policy.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes but is not limited to cellular, analog, or wireless
and digital telephones, devices commonly known as "walkie-talkies"
and devices having both features.
For an automatic transmission vehicle, that the vehicle is
in the park gear; for a standard transmission, that the vehicle is
in the neutral gear and the break is being utilized or the vehicle
is otherwise stationary.
To use a mobile communication device in dialing, answering,
talking, listening, or purporting to use by holding or by placing
the telecommunications device to one's ear.
A.
Permitted uses. Notwithstanding anything contained
in this chapter to the contrary, this chapter shall not be construed
to prohibit the use of mobile telephones by any law enforcement, public
safety or police officers, emergency management officials, first aid,
emergency medical technicians and personnel, and fire safety officials
in the performance of their duties arising out of, and in the course
of, their employment as such. Further, this chapter shall not be construed
to prohibit the use of mobile communication devices for the sole purpose
of contacting:
(1)
911 emergency services;
(2)
Hospitals, ambulances or first aid squads;
(3)
Police, fire and emergency management departments
or officials;
(4)
Any individual or other entity, provided the motor
vehicle is in the parked position, either on public or private property;
or
(5)
Any individual or other entity, provided the use is
conducted with a hands-free device which allows the operator to maintain
both hands on the applicable steering device while using the mobile
communication device.
B.
Restrictions. No person shall operate a motor vehicle
on any street or highway while engaging in any conduct defined as
the use of a mobile communication device unless the operator is using
hands-free technology for dialing, answering, talking and listening
and has the ability at all times to maintain both hands on the applicable
steering device.
Violations of any provision of this chapter
shall be punishable by a fine not less than $50 and not to exceed
$250, except that when the operator of a motor vehicle in violation
of this chapter is involved in a motor vehicle accident involving
injury, death or property damage, the fine shall be doubled.
The Borough, in coordination with the Borough
Department of Public Works, the Borough Engineer, the Borough Police
Department and the County of Passaic, shall erect street signs to
advise motorists traveling through the Borough of the prohibition
contained in the within chapter of the Code.
