[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:
(a) Persons using such a device entirely in a hands-free mode for voice communication, including dialing without the use of either hand.
(b) 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.
(c) 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.
(d) 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.