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~; - Ordinance No. 2009-102 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) hereof has been or is being committed by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone; 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) by dialing, answering, talking or listening on a cellular, analog, wireless or digital telephone, hereof unless the officer has stopped the operator for the purpose of issuing a citation, or making an arrest, for a moving traffic violation for which points are charged pursuant to Ohio R.C. 4507.021. (d) Penalties. Whoever violates subsection (b) hereof by dialing, answering, talkin or listenin on a cellular analo wireless or di ital tele hone shall be guilty of a minor misdemeanor and shall not be fined more than three dollars ( 3.00). Whoever violates subsection (b) hereof by text messaging or typing (other than dialing) on a communication device shall be guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the nerson is guilty of a misdemeanor of the third degree. SECTION 2: That all ordinances, and parts of ordinances, inconsistent or in conflict with this Ordinance, shall, to the extent of such inconsistency or conflict, be repealed.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 further for the reason that it is necessary that this Resolution go into effect immediately in order to protect the safety of the motoring and pedestrian public against a very real and growing danger on the streets and highways of the City; and further provided it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED. ~~ ~.~ ~ ~ °~~ 1 /~~ ATTEST.• L-~~~~~fif~ /Yta2~.~ G~Nb Clerk of Council APPROVED: MAYOR THOMAS E. O'GRADY First Reading: Second Reading: Third Readin Committee: ~~ ~ G v ~~eG~~r-~-~ ~~ l ~ ~~ EVIN M. K NNEDY '' President of Council ~} APPROVED AS TO FORM.' /s/James M. Dubelko JAMES M. D UBELKO Director of Law 3