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2018-064 Ordinance
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2018-064 Ordinance
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8/9/2018 11:43:01 AM
Creation date
8/9/2018 11:37:33 AM
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North Olmsted Legislation
Legislation Number
2018-064
Legislation Date
7/10/2018
Year
2018
Legislation Title
Amend 333.11
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(6) A person receiving wireless messages via radio waves; <br />(7) A person using a device for navigation purposes; <br />(8) A person conducting wireless interpersonal communication with a device that does <br />not require manually entering letters, numbers, or symbols or reading text messages, except to <br />activate, deactivate, or initiate the device or a feature or function of the device; <br />(9) A person operating a commercial truck while using a mobile data terminal that <br />transmits and receives data; <br />(10) A person using a handheld electronic wireless communications device in <br />conjunction with a voice -operated or hands-free device feature or function of the vehicle. <br />(c) Notwithstanding an), provision of lawto the eentrai-y, no law enfor-eeffient offieer- shall <br />eause an operator- of an atitomobile being operated on any stfeet or- highway to stop the atitomebi <br />for- the sole pur-pose of deter-Enining xA,hethef a violation of subseetion (a) of this seetion has been of <br />being eommitted or- for- the sole purpose of issuing a tieket, eitation o r- summEffls f0f a Violati <br />that nc,4ur-e — eausing the arrest of of eommeneing a pi!oseeeution of a per -son for- a vielation of that <br />nature, and no law enfofeement offieer- shall view the inter-iof of visually ifispeet any automo <br />being operated on an), stfeet or- highway for- the I I '' <br />)f deter -mining whether- a vielation of <br />that .,.,tune has been or- being emitte . Notwithstanding any other state or municipal <br />ordinance, a law enforcement officer may cause an operator of an automobile being operated <br />on any street or highway to stop the automobile for the sole purpose of determining whether a <br />violation of subsection (a) of this section has been or is being committed or for the sole purpose <br />of issuing a ticket, citation or summons for a violation of subsection (a) or causing the arrest of <br />or commencing a prosecution of a person for a violation of subsection (a). <br />(d) Whoever violates subsection (a) of this section is guilty of a minor misdemeanor. <br />(e) A prosecution for a violation of Ohio R.C. 4511.204 does not preclude a prosecution <br />for a violation of a substantially equivalent municipal ordinance based on the same conduct. <br />However, if an offender is convicted of or pleads guilty to a violation of Ohio R.C. 4511.204 and is <br />also convicted of or pleads guilty to a violation of a substantially equivalent municipal ordinance <br />based on the same conduct, the two offenses are allied offenses of similar import under Ohio R.C. <br />2941.25. <br />(f) As used in this section: <br />(1) "Electronic wireless communications device" includes any of the following: <br />A. A wireless telephone; <br />
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