[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:
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.
A.
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.
B.
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.
