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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2013 - 49 <br />BY: Council Members Schumann, Williamson & Brossard <br />AN ORDINANCE AMENDING SECTION 331.42 OF THE TRAFFIC <br />CODE IN ORDER TO INCREASE THE MAXIMUM FINE FOR <br />USING A MOBILE COMMUNICATION DEVICE WHILE <br />OPERATING A MOTOR VEHICLE FROM THREE DOLLARS TO <br />ONE HUNDRED AND FIFTY DOLLARS. <br />WHEREAS, using a cell phone or other mobile communication device to text <br />messages while operating a motor vehicle on the streets and highways of this City poses a <br />serious risk of injury to nearby motorists and pedestrians; and <br />WHEREAS, the current maximum fine for using a mobile communication device <br />while operating a motor vehicle is $3.00; and <br />WHEREAS, it is accordingly the desire of this Council to amend Section <br />331.42(3) (d) of the Traffic Code to increase the maximum fine for a violation from <br />$3.00 to $150.00 - the current maximum fine for all other minor misdemeanors in the <br />?r. North Olmsted Codified Ordinances. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIOr <br />SECTION 1: That Section 331.42 ("Use of Mobile Communication Devices <br />while Operating a Motor Vehicle") of the Traffic Code, which presently reads as follows: <br />331.42 USE OF MOBILE COMMUNICATION DEVICES WHILE <br />OPERATING A MOTOR VEHICLE. <br />(a) Definitions. As used in this section: <br />(1) "Mobile Communication Device" means a cellular, analog, <br />wireless and digital telephone, and any other wireless electronic <br />device, such as a text-messaging device, personal digital assistant, <br />or computer, that is designed or used to communicate text or data. <br />(2) "Using" means operating a mobile communication device by: <br />A. Dialing; <br />B. Answering; <br />C. Talking; <br />D. Listening; or <br />E. Text Messaging or Typing. <br />(3) "Park" means, for a vehicle with automatic transmission, to place <br />? the vehicle in park gear, and, for a vehicle with a standard <br />?