05-19 - Amend 331.345 Using Communication Devices While Driving

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Placed on first reading and referred to Public Safety Committee 1/22/19, second reading 2/4/19) . Please substitute for the original. Anderson, Bullock, George; Litten, ORDINANCE NO. 0 5 - 19 BY: 4' Leary, o' M a I ley, Rad (ar AN ORDINANCE to take effect on the 90th day following its adoption by Council and approval by the Mayor provided it receives the affirmative vote of at least two thirds of the members of Council, or otherwise to take effect at the earliest period allowed by law amending Section 331.345, Using Communications Device while Driving, of the Codified Ordinances of the City of Lakewood in order to update the Code so as to regulate the use of electronic devices while driving in the City. WHEREAS, the National Highway Traffic Safety Administration has reported that nearly 4,000 Americans are killed and close to 400,000 are injured annually in accidents involving distracted drivers; and WHEREAS, this public safety concern shows no signs of abating, given the prevalence of alternatives to handheld mobile phone use, and the fact that handheld cell phone use continues to be highest among 16 -24 year old drivers according to the National Occupant Protection Use Survey; and WHEREAS, the City of Lakewood, Ohio, is a walkable, bikeable, and densely populated community in which it is of heightened importance that drivers remain aware of their surroundings; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lakewood, this Council by a vote of at least two thirds of its members determines that this ordinance is an emergency measure and that it shall take effect on the 90th day after it is approved by the Mayor, and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments, in that time must be given to educate the public on the change to this traffic ordinance; 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, currently reading as follows: 331.345 USING COMMUNICATIONS DEVICE WHILE DRIVING.