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CITY OF NORTH OLMSTED ORDINANCE NO. 2016 - 137 BY: Mayor Kennedy AN ORDINANCE AMENDING SECTION 331.42 OF THE TRAFFIC CODE IN ORDER TO CORRECT AN OBSOLETE REFERENCE TO THE OHIO REVISED CODE. WHEREAS, under the current North Olmsted Codified Ordinance §331.42, no law enforcement officer may cite the operator of any automobile being operated on any street or highway for a violation of the cell phone while driving ordinance 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; and WHEREAS, Ohio R.C. §4507.021 has been eliminated from the revised code and reference to the same in §331.42 is improper; and WHEREAS, it is accordingly the desire of this Council to amend Section 331.42 of the Traffic Code for the purpose of providing an accurate reference to the Ohio Revised Code. 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 Communication Devices while Operating a Motor Vehicle") of the Traffic Code, which presently reads as follows: 331.42 USE OF MOBILE COMMUNICATION DEVICES WHILE OPERATING A MOTOR VEHICLE. (a) Definitions. As used in this section: (1) "Mobile Communication Device" means a cellular, analog, wireless and digital telephone, and any other wireless electronic device, such as a text -messaging device, personal digital assistant, or computer, that is designed or used to communicate text or data. (2) "Using" means operating a mobile communication device by: A. Dialing; B. Answering; C. Talking; D. Listening; or E. Text Messaging or Typing. (3) "Park" means, for a vehicle with automatic transmission, to place the vehicle in park gear, and, for a vehicle with a standard