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T +: R~~: ,~,,, CITY OF NORTH OLMSTED ORDINANCE N0.2009 - 102 BY: Council Members Mahoney, Brossard and Kearney AN ORDINANCE AMENDING SECTION 331.42 OF THE TRAFFIC CODE IN ORDER TO PROHIBIT TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE, AND DECLARING AN EMERGENCY, ASAMENDED. WHEREAS, using a cell phone or other mobile communication device to text messages while operating a motor vehicle on the streets and highways of this City poses a serious risk of injury to nearby motorists and pedestrians; and WHEREAS, a number of states have already acted to prohibit such dangerous activity while operating a motor vehicle, and the Ohio General Assembly presently has such a bill pending before it; and WHEREAS, it is accordingly the desire of this Council to amend Section 331.42 of the Traffic Code to prohibit text messaging while operating a motor vehicle; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 331.42 ("Use of Mobile Telephones while Operating a Motor Vehicle") of the Traffic Code, which presently reads as follows: 331.42 USE OF MOBILE TELEPHONES WHILE OPERATING A MOTOR VEHICLE. (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) `'Park" 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 ahand-held mobile telephone. (2) Subsection (b)(1) hereof does 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.