[Ord. 72-2009, passed 12-16-2009]
Erie City Council finds that the use of mobile telephones while driving motor vehicles has been a factor in many traffic accidents nationwide; resulting in loss of lives, injuries and property damage, and a prohibition of the use of such devices, other than in a hands-free mode, is in the best interests of the safety the people of the City of Erie, and persons driving on the streets and highways within the City.
[Ord. 72-2009, passed 12-16-2009; Ord. 19-2010, passed 4-21-2010]
No person shall use a mobile telephone or wireless communication device in any way, including for voice communication, messaging, e-mailing, or internet activity while operating a motor vehicle, bicycle or other vehicle on any street, road or highway within the City of Erie, with the exception of:
Persons using such a device entirely in a hands-free mode for voice communication, including dialing without the use of either hand.
Persons using a mobile telephone to call "911" for emergency assistance, or to report a traffic accident or unsafe driving by another motorist, although effort should be made to exit moving traffic before calling if such can be done prompt and safely under the circumstances.
Persons using a mobile telephone or wireless communication device while maintaining a motor vehicle in a stationary position in a parking lane or space out of moving traffic lanes, and not in gear.
No person shall be convicted of a violation of this article unless the person is also convicted of a violation of law involving a moving vehicle committed at the same time as the use of a hand-held mobile phone.
[Ord. 19-2010, passed 4-21-2010]
Any person convicted of violating this article shall be guilty of a Summary Offense, and shall be subject to a fine of not less than $150 nor more than $300 if the primary motor vehicle offense did not cause a collision, property damage or injury to any person. In the event of such motor vehicle violation conviction which resulted from a collision, property damage or personal injury caused by the defendant who was also violating this article, the first violation of this article by any person shall be subject to a fine of $500; and the second or subsequent violation shall be subject to a fine of $1,000.