44-12 Enact 331.345 Using Communication Device While Driving

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Placed on first reading and referred to the Public Safety Committee Sept. 17, 2012; second reading Oct. 1, 2012. Please substitute for the original. ORDINANCE NO. 44-12 gy; Anderson, Bullock, Suris, Madigan, Nowlin, Powers. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, enacting Section 331.345, Using Communica- tions Device While Driving, of the Codified Ordinances of the City of Lakewood to es- tablish anew offense within the Traffic Code. WHEREAS, Rev. Code § 4511.204 has been enacted by the General Assembly to prohibit in general the use of handheld electronic wireless communications devices to write, send or read text-based communications while driving in the state; and WHEREAS, Rev. Code § 4511.205 has been enacted by the General Assembly to prohibit in general the use, by minors, of electronic wireless communications devices while driving in the state; and WHEREAS, the Traffic Code within Codified Ordinances, which generally mir- rors the state traffic code, stands to be augmented with the creation of similar traffic of- fenses within the City; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) members thereof deter- mines that this ordinance is an emergency measure, and that this ordinance shall take ef- fect at the earliest date possible as set forth in tlrticle III, Sections 10 and 13 of the Sec- ond Amended Charter of the City of Lakewood, and that it is necessary to provide for the usual daily operation of municipal departments in that the effective date of the new state statutes has passed; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 331.345, Using Communications Device While Driving, of the Codified Ordinances of the City of Lakewood shall be and hereby is enacted to read as follows: