The purpose of this article is to establish regulations regarding
the use of mobile telephones in the Borough of West Conshohocken (hereinafter
the "Borough") while driving a motor vehicle. It is the position of
the Borough 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 Borough
further believes that the regulation of the use of mobile telephones
while operating a motor vehicle in the Borough will enhance the safety
of those persons operating motor vehicles as well as other drivers,
passengers, pedestrians and the general populace of the Borough.
Unless the context specifically and clearly indicates otherwise,
the meaning of the following terms used in this article shall be as
follows:
MOBILE TELEPHONE
Includes, but is not limited to cellular, analog, wireless
and digital telephones.
USE
To operate a mobile telephone in:
PARK
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.
It is the purpose of this article and the policy of the Borough
to regulate the use of mobile telephones, which are used while persons
are operating a motor vehicle in order to protect other persons operating
motor vehicles and pedestrians in the Borough.
Anyone who shall violate the provision of this article 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 $75.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions of this article.
This article shall become effective five days after its adoption.