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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2018 - 64 <br />BY: Mayor Kennedy and Councilman Brossard, Councilwoman Hemann & Williamson <br />AN ORDINANCE RENAMING AND AMENDING SECTION 333.11 OF THE <br />TRAFFIC CODE CURRENTLY ENTITLED "TEXTING WHILE DRIVING <br />PROHIBITED"SOAS TO FURTHER PROHIBITINTERNET USAGE WHILE <br />DRIVING AND ADDITIONALLY MAKING A VIOLATION OF SECTION <br />333.11 A PRIMARY OFFENSE, AND DECLARING AN EMERGENCY, AS <br />AMENDED. <br />WHEREAS, North Olmsted Codified Ordinance §333.11 currently prohibits texting while <br />driving and establishes that a violation is a secondary offense only; and <br />WHEREAS, it is the desire of the Director of Public Safety to further regulate driving while <br />engaging in internet browsing or related activity; and <br />WHEREAS, it is the further desire of the Director of Public Safety to make a violation of <br />Section §333.11 a primary offense. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That North Olmsted Codified Ordinance §333.11, which currently reads in its <br />entirety as follows: <br />333.11 TEXTING WHILE DRIVING PROHIBITED. <br />(a) No person shall drive a motor vehicle on any street, highway, or property open to the <br />public for vehicular traffic while using a handheld electronic wireless communications device to <br />write, send, or read a text -based communication. <br />(b) Subsection (a) of this section does not apply to any of the following: <br />(1) A person using a handheld electronic wireless communications device in that manner <br />for emergency purposes, including an emergency contact with a law enforcement agency, hospital or <br />health care provider, fire department, or other similar emergency agency or entity; <br />(2) A person driving a public safety vehicle who uses a handheld electronic wireless <br />communications device in that manner in the course of the person's duties; <br />(3) A person using a handheld electronic wireless communications device in that manner <br />