11/21/2000 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 11/21/2000 2) On November 6, the Legislative Committee met. Present were Councilmen Kasler, Miller, Nashar, Limpert, the Safety Director and Mr. Ellis from AT&T. The committee discussed Ordinance 2000-117 (cell phone ordinance) which had been previously discussed and brought back to committee. This ordinance would restrict the use of hand- held cell phones while driving. The ordinance had been referred to the Safety Department for information on whether or not any citations had been issued with regard to cell phones. However, the statistics that were requested are non-existent as the Police Department simply does not break down their citations in that manner. The committee did amend the ordinance to reflect that the use of hand-held cell phones is the prohibited activity as opposed to hands-free. It was determined that the penalty will remain at $3 and that no record of this offense would involve the Ohio Bureau of Motor Vehicles since the use of the cell phone or that part of the violation is not a moving violation. Councilman Limpert expressed concern that hands-free devices are as dangerous or more so than ahand-held phone requiring your eyes to be off the road for a longer period of time. He expressed a lack of support in the form of an ordinance. Councilman Nashar reiterated his purpose for presenting this ordinance as an awareness, making the public aware of the dangers related to cell phone use while driving. Councilman Miller quoted statistics that 60% of all cell phone use occurs in automobiles, and it is his feeling that this activity may diminish driving ability. He also introduced information that Verizon, the number two provider of cell phones in that industry, backs a state initiative to impose hands-free usage. The issue of inconsistencies among communities came up. That is, when a person drives from one community to another and one does not prohibit and the next one does and, when you hit that boundary line, you have to hang up. Mr. Ellis, of AT&T, reiterated that his company has made an effort to educate on safety and to improve the phones themselves for safety usage. With Councilmen Kasler, Miller and Nashar, the Safety Director and Mr. Ellis remaining, the suggestion of a resolution(s) as opposed to an ordinance was discussed. The suggestion was the resolution would include a requirement that providers educate their consumers on safety related issues, the State to address legislation related to cell phone use and encourage our Police Department to enforce the inattentive driving statutes as they relate to the use of cell phones particularly in light of our increased traffic safety efforts in North Olmsted through the STOP program. Mr. Nashar's concern was that a resolution is non-enforceable while Mrs. Kasler suggested that the resolution has more teeth or substance, specifically in light of our STOP program and our ability to attend to such violations. The ordinance versus resolution issue was to be submitted to the Law Department for discussion and another meeting would be scheduled on November 14. 3) On November 14, another Legislative meeting was held and all of Council was present along with the Service Director. Resolution 2000-155 was discussed. This is a resolution urging Congress to defeat a bill which would take zoning authority away from municipalities and give it to the federal government. The committee decided to review a copy of HR 2372 which this resolution supports. That was requested and will be distributed to committee members and all of Council if they wish. The committee requested that this be held in committee until such time as the bill could be reviewed. ~.,;: 4