[HISTORY: Adopted by the Borough Council of the Borough of Larksville as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-2010 by Ord. No. 3-2010]
The purpose of this article is to establish regulations regarding the use of mobile telephone devices and smart phones within the Borough of Larksville in order to protect other drivers, passengers, pedestrians, and the general populace.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them:
- MOBILE TELEPHONE
- Includes, but not limited to, cellular analog, wireless, and digital handheld telephone devices and smart phones.
- For automatic transmission vehicles, that the vehicle is in the park gear; for standard transmission vehicles, that the vehicle is in the neutral gear and the parking brake is being utilized or is otherwise stationary.
- Includes dialing, answering, listening, speaking, texting, and web surfing.
No person, including law enforcement officers and operators of emergency vehicles when on duty and acting in their official capacity, shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the use of a mobile telephone and smart phone, unless the operator maintains both hands on the applicable steering device.
This section does not apply to a person who is using the mobile telephone or smart phone to contact public safety forces, or while maintaining the vehicle in the park position either on public or private property, or with a hands-free device which allows the operator to maintain both hands on the vehicle while using the mobile telephone or smart phone.
The use of Emergency 911 phone numbers shall not be prohibited for any persons operating a motor vehicle in the Borough of Larksville.
Anyone who shall violate the provisions of this article while operating his or her motor vehicle in the Borough of Larksville shall, upon conviction hereof, be sentenced to pay a fine of not more than $75, and costs of suit.
All agencies and authorities within the Borough, including, but not limited to, the Police Department have full authority to enforce this article, and impose such fines and other penalties as necessary and appropriate.
The provisions of this article are severable. If any section, clause, sentence, part or provision of this article shall be determined to be illegal or invalid by any court of competent jurisdiction, such decision shall not impair or affect the remaining terms, sections, and clauses or this article.