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,~. ORDINANCE N0.2013-02 INTRODUCED BY: Mayor Rinker and Council as a Whole AN EMERGENCY ORDINANCE TO SUPPLEMENT THE CODIFIED ORDINANCES OF HAYFIELD VILLAGE, OHIO BY ENACTING NEW SECTIONS 331.43 AND 331.44 PROHIBITING THE USE OF WIRELESS HANDSETS TO TEXT MESSAGE WHILE DRIVING. WHEREAS, as of September 2012, according to the Governor's Highway_ ~ Safety Association, 39 states, including Ohio, outlaw text messaging; WHEREAS,, mobile texters in the United States sent 2 trillion messages in 2011, according to industry statistics cited by the New York Times; WHEREAS, according to a 2010 study by Nationwide Insurance, 20% of drivers use text messaging while at the wheel and that number jumped to 47% amongst drivers under the age of 35; WHEREAS, in 2007, a National American Automobile Association survey of 1,000 16 and 17 year old drivers found that 46% sent text messages with their cell phones while driving; WHEREAS, each year, 21 % of fatal car crashes involving teenagers between the age of 16 and 19 were the result of cell phone use and this result is expected to grow as much as 4% every year; WHEREAS, this Council believes that regulation of text messaging while driving is necessary for the health and safety of Ohio citizens and the residents of this Village. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The Codified Ordinances of Mayfield Village Ohio are hereby supplemented by enacting new Sections 331.43 and 331.44, to read as more fully set forth in Exhibit "A", attached hereto and incorporated herein by reference. SECTION 2. After the effective date of this ordinance, a law enforcement officer who observes that the operator of a motor vehicle has committed or is committing a violation of Codified Ordinance Section 331.43 or 331.44 will be authorized to issue a ticket, citation, or summons to that operator for that violation or to cause the arrest of or commence a prosecution of such an operator for that violation. SECTION 3. All other provisions of the Village Codified Ordinances not inconsistent herewith shall remain in full force and effect.