2002-010 Ordinance - Laserfiche WebLink

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?. ? . (a) Definitions. As used in this Section: (1) "Mobile Telephone" means and includes, but is not limited to, cellular, analog, wireless and digital telephones. (2) "Using" means operating a mobile telephone by: (A) dialing; (B) answering; (C) talking; or (D) listening. (3) "Pazk" means, for a vehicle with automatic transmission, to place the vehicle in park gear, and, for a vehicle with a standard transmission, to place the vehicle in neutral gear and apply the brake. (b) Use and Restrictions. (1) No person shall operate a motor vehicle on any street or highway while using a hand-held mobile telephone. (2) Division (1) of this paragraph dces not apply to a person who is using a mobile telephone: (A) to contact public safety forces; (B) While maintaining his vehicle in the "Park" position. (c) Notwithstanding any provision of law to the contrary, no la.w enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violahon of subsection (b) hereof has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature; nor shall any law enforcement officer view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of subsection (b) has been or is being committed; and further, no law enforcement officer shall cite the operator of any automobile being operated on any street or highway for a violation of subsection (b) unless the officer has stopped the operator for the purpose of issuing a citation, or making an anest, for a moving traffic violation for which points aze charged pursuant to Section 4507.021 of the Ohio Revised Code. (d) Penalties. Whcever violates paragraph (b) of this Section shall be guilty of a minor misdemeanor and shall not be fined more than $3." Be and the provisions hereby are readopted by this Council and made permanent. SECTION 2: That any Ordinance, or part of Ordinance, inconsistent or in conflict with this Ordinance, be, to the extent of any such inconsistency or conflict, repealed. SECTION 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the further reason that it is necessary that this readoption of Ordinance No. 2000-117 go into effect 2