No cell phone while driving in Lakewood
Posted: Thu Sep 05, 2019 9:15 am
Lakewood City Council passed this Tuesday night. I'm not sure when it goes into effect but I was thinking about it while I was talking to my mom on my cell phone after I dropped my kids off at school this morning. I went online to look at the ordinance. I will copy it here:
BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:
Section 1. New Section 331.346, Using Mobile Telephones while Driving, of the Codified Ordinances of the City of Lakewood is enacted to read as follows:
331.45 USING MOBILE TELEPHONES WHILE DRIVING.
(a) Definitions. As used in this Section:
(1) “Mobile telephone” means, including but not limited to cellular, analog, wireless and digital telephones.
(2) “Use” means to use a mobile telephone in text messaging, typing, reading or scrolling on the mobile telephone’s screen or display, dialing, answering, talking or listening.
(3) “Park” means for an automatic transmission vehicle that the vehicle is in the Park gear; for a standard transmission vehicle that the vehicle is in the neutral gear and the brake is being utilized or otherwise stationary.
009
(b) Purpose. It is the purpose of this Section and the policy of the City to regulate the use of mobile telephones, which are used while persons are operating a motor vehicle in order to protect other persons operating motor vehicles and pedestrians and other forms of traffic in the City.
(c) Severability. In the event that any provision of this Section is found by a court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this Section and shall not cause the invalidity or unenforceability of the remainder of this Section; and if a provision shall be deemed invalid only because of excessive scope or breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.
(d) Use; Restrictions.
(1) No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the “use” of a mobile telephone unless the operator maintains both hands on the applicable steering device.
(2) Subsection (d)(1) hereof does not apply to a person who is using the mobile telephone:
A. To contact public safety forces, or
B. While maintaining the vehicle in the park position either on public or private property, or
C. With a “hands-free device” which allows the operator to maintain both hands on the vehicle while using the mobile telephone.
Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements.
According to a report I saw about this on TV, this is a primary offense, so you can be pulled over just for being on the phone. I am happy to see it I think; it will be an inconvenience not to be able to talk on the phone, but I'm happy that police will be able to pull people over who are texting.
Betsy Voinovich
BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:
Section 1. New Section 331.346, Using Mobile Telephones while Driving, of the Codified Ordinances of the City of Lakewood is enacted to read as follows:
331.45 USING MOBILE TELEPHONES WHILE DRIVING.
(a) Definitions. As used in this Section:
(1) “Mobile telephone” means, including but not limited to cellular, analog, wireless and digital telephones.
(2) “Use” means to use a mobile telephone in text messaging, typing, reading or scrolling on the mobile telephone’s screen or display, dialing, answering, talking or listening.
(3) “Park” means for an automatic transmission vehicle that the vehicle is in the Park gear; for a standard transmission vehicle that the vehicle is in the neutral gear and the brake is being utilized or otherwise stationary.
009
(b) Purpose. It is the purpose of this Section and the policy of the City to regulate the use of mobile telephones, which are used while persons are operating a motor vehicle in order to protect other persons operating motor vehicles and pedestrians and other forms of traffic in the City.
(c) Severability. In the event that any provision of this Section is found by a court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this Section and shall not cause the invalidity or unenforceability of the remainder of this Section; and if a provision shall be deemed invalid only because of excessive scope or breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.
(d) Use; Restrictions.
(1) No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the “use” of a mobile telephone unless the operator maintains both hands on the applicable steering device.
(2) Subsection (d)(1) hereof does not apply to a person who is using the mobile telephone:
A. To contact public safety forces, or
B. While maintaining the vehicle in the park position either on public or private property, or
C. With a “hands-free device” which allows the operator to maintain both hands on the vehicle while using the mobile telephone.
Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements.
According to a report I saw about this on TV, this is a primary offense, so you can be pulled over just for being on the phone. I am happy to see it I think; it will be an inconvenience not to be able to talk on the phone, but I'm happy that police will be able to pull people over who are texting.
Betsy Voinovich
