[Added 5-9-2000 by Ord. No. 00-5, approved 5-9-2000]
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:
A. 
Dialing.
B. 
Answering.
C. 
Talking.
D. 
Listening.
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.
A. 
This article shall be known and may be cited as the "Borough of West Conshohocken Telephone Operation Ordinance."
B. 
This article shall be liberally construed and applied to promote its purpose and policies.
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.
A. 
No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as use of a mobile telephone unless the operator maintains both hands on the applicable steering device.
B. 
Subsection A of this section does not apply to a person who is using a mobile telephone:
(1) 
To contact police, fire, ambulance or other public safety forces; or
(2) 
While maintaining the vehicle in park position, either on public or private property; or
(3) 
With a hands-free device which allows the operator to maintain both hands on the vehicle while using the mobile telephone.
A. 
The provisions of this article shall not apply to law enforcement officers and operators of emergency vehicles when on duty and acting in their official capacities.
B. 
The use of emergency 911 phone numbers shall not be prohibited for any person operating a motor vehicle 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.