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Minutes of the Regular Meeting of Council <br />Monday, March 18, 2019 <br />Page 7 <br />• Second Reading of Ordinance No. 2019-05, _entitled, "An emergency Ordinance <br />amending Codified Ordinance Section 153.11 pertaining to Family and Medical Leave." <br />Introduced by Mayor Bodnar. (First Reading — February 25, 2019) <br />(Administration/Finance Departments) <br />Ordnance No. 2019-05 moved to Third Read. <br />Council President Saponaro stated, before we do the second readings of the next three <br />Ordinances, maybe this would be the appropriate time to answer the question from Mr. Christian. <br />Mr. Coyne stated, Mr. Christian, you had a comment about the lawfulness of such legislation <br />being passed by Mayfield Village when it may not be something that's readily apparent from <br />Ohio law. The fact of the matter is the Village is a chartered community. The Charter operates <br />like the Constitution of the State of Ohio as a consequence for the public health, safety and <br />welfare. The Council is authorized to pass such legislation that it deems to be in the best interest <br />of the community. In this particular case, we have modified a current ordinance and are adding <br />two amendments which will allow for the police to enforce the use of seatbelts as a primary issue <br />as well as not to use their cellphone while the automobile is in drive or is in use and operational. <br />These are both based upon studies that have been done. They show that wearing seatbelts is a <br />safety issue. It is important for the drivers and the occupants of all automobiles. As related to <br />cellphone use, there's a great of deal of that going on, particularly texting more than talking on <br />the phone with it in your hand which is a real public health hazard. I think we all have <br />experienced that frankly driving on the freeway and we see cars weaving back and forth and we <br />are not sure what's going on and they are texting. So the Council is considering this. These are <br />all on for Second Reading and they would make those two issues primary offenses in the Village <br />of Mayfield. <br />Mr. Christian stated, I can see texting. But if you get a phone call and you answer a phone call, <br />you're not texting. <br />Mr. Coyne stated, you are still taking your hands off the wheel and you are a distracted driver <br />and a police officer could pull you over if they see that you're not — <br />Mr. Christian asked, how many times do you drive with two hands on the wheel? <br />Mr. Coyne replied, it depends. I usually do, but if I don't, if I have a Big Mac in my hand, I can <br />get pulled over that. So, it's being a distracted driver and a police officer - <br />Council President Saponaro stated, that's already on the books. <br />Mr. Coyne stated, that's correct. It is incumbent upon a police officer if he observes a driver <br />who is distracted and could be a danger to the public health, safety and welfare, he can pull that <br />driver over. <br />Mr. Christian stated, I understand that, but a distracted driver, okay, if he's weaving, I can see <br />that, a police officer pulling the guy over. Okay, but if somebody's talking on the phone and <br />