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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYfIHOGA AND STATE OF OHIO: <br />SECTION 1: That there be and is hereby created new Section 331.42 of the Traffic Code, <br />entitled "Use of Mobile Telephones while Operating a Motor Vehicle, which shall read in its <br />entirety as follows: <br />931.42. USE OF MOBII.E TELEPHONES WHII..E OPERATING A MOTOR <br />VEHICLE. <br />(a) Definitions. As used in this Section: <br />(1) "Mobile Telephone" means and includes, but is not limited to, cellular, analog, <br />wireless and digital telephones. <br />(2) "Using" means operating a mobile telephone by: <br />(A) dialing; <br />(B) answering; <br />(C) talking; or <br />(D) listening. <br />(3) "Park" means, for a vehicle with automatic transmission, to place the vehicle in <br />park gear, and, for a vehicle with a standard transmission, to place the vehicle in neutral gear <br />and apply the brake. <br />(b) Use and Restrictions. <br />(1) No person shall operate a motor vehicle on any street or highway while using a <br />hand-held mobile telephone. <br />(2) Division (1) of this paragraph does not apply to a person who is using a mobile <br />telephone: <br />(A) to contact public safety forces; <br />(B) While maintaining his vehicle in the "Park" position. <br />(c) Notwithstanding any provision of law to the contrary, no law enforcement officer <br />shall cause an operator of an automobile being operated on any street or highway to stop the <br />automobile for the sole purpose of determining whether a violation of subsection (b) hereof has <br />been or is being committed or for the sole purpose of issuing a ticket, citation or summons for <br />a violation of that nature or causing the arrest of or commencing a prosecution of a person for <br />a violation of that nature; nor shall any law enforcement officer view the interior or visually <br />inspect any automobile being operated on any street or highway for the sole purpose of <br />determining whether a violation of subsection (b) has been or is being committed; and further, <br />no law enforcement officer shall cite the operator of any automobile being operated on any <br />street or highway for a violation of subsection (b) unless the officer has stopped the operator <br />for the purpose of issuing a citation, or making an arrest, for a moving traffic violation for <br />which points are charged pursuant to Section 4507.021 of the Ohio Revised Code. <br />2 <br />