2009-81

AN ORDINANCE AMENDING SECTION 648.09 ENTITLED "CURFEW HOURS;

EXCEPTIONS" OF CHAPTER 648 ENTITLED "PEACE DISTURBANCES" OF THE

CODIFIED ORDINANCES OF THE CITY OF VERMILION, AND DECLARING AN

EMERGENCY.

WHEREAS, the Legislative Committee at their meeting of September 14, 2009

favorably recommended to City Council to amend Section 648.09 entitled "Curfew

Hours; Exceptions of the Codified Ordinances of the City of Vermilion.

NOW, THEREFORE BE IT ORDAINED by the Council of the City of

Vermilion, Counties of Erie and Lorain, State of Ohio:

SECTION 1: That Section 648.09 entitled "Curfew Hours; Exceptions" of the Codified

Ordinances of Vermilion is hereby amended to read henceforth as follows:

648.09 CURFEW HOURS; EXCEPTIONS

    (a)       No minor of the following ages shall be or remain upon any public street,

sidewalk, alley or other public ground or building or any railroad ground or building during the

               The term "in session" does not include any summer school conducted by a recognized

               1)   Minors under sixteen years of age and minors under age eighteen on probation from

                      any court. 10:00 p.m. to 5:30 a.m. of the following day on nights preceding a day

                      on which a recognized school system is in session; 11 :30 p.m. to 5:30 a.m. of the

                      following day on nights preceding a day on which a recognized school

              (2)   Minors sixteen to seventeen years of age, inclusive. 11 :30 p.m. to 5:30 a.m. of the

                      following day on nights preceding a day on which a recognized school system is

                      in session; 12: 00 a. m. to 5 :30 a.m. on nights preceding a day on which a

                      recognized school system is not in session.

               (b)   This section shall not apply to a minor who is accompanied by a parent, guardian or

person having legal custody of such minor; to a minor who is accompanied by an adult who is

duly authorized to have custody of the minor by a parent, guardian or person having legal

custody of such minor; or to a minor who is dutifully employed during the hours of curfew

and/or is in the performance of such employment or traveling directly to and from his or her

place of residence or employ, provided that the minor is not employed contrary to Ohio R.C.

4109.03.

               ( c) The Mayor and the Chief of Police are hereby authorized to grant exceptions to the

enforcement of this section, both as to the minors covered by it and as to the times and dates of

enforcement.

               (d) The parent, guardian or person having the legal custody and control of any child

               ( e) The parent, guardian or person having the legal custody and control of any child

                 SECTION 2: This Council finds and determines that all formal actions of this Council

concerning and relating to the passage of this Ordinance were taken in an open meeting of this

Council and that all deliberations of this Council and of any committees that resulted in those

formal actions were in meetings open to the public and in compliance with all requirements

AN ORDINANCE ENACTING SECTION 432.43 ENTITLED "TEXT

MESSAGING WHILE DRIVING OF CHAPTER 432 ENTITLED "OPERATION

GENERALLY" OF THE CODIFIED ORDINANCES OF THE CITY OF

VERMILION, AND DECLARING AN EMERGENCY.

                    WHEREAS, according to the Governors Highway Safety Association, Alaska,

Minnesota, New Jersey and Washington outlaw text messaging while driving, and

legislation is being considered in 16 other states; and

                    WHEREAS, mobile texters in the United States sent 158 billion messages in 2006, up

95 percent from 2005, according to industry statistics cited by the New York Times; and

                     WHEREAS, according to a 2006 study by Nationwide Insurance, 19 percent of drivers

use text messaging while at the wheel, and that number jumped to 37 percent among drivers

aged 18 to 27; and

                     WHEREAS, this Council and the Administration believe that regulation of

text messaging while driving is necessary for the health and safety of our citizens.

NOW THEREFORE, BEIT ORDAINED BY THE COUNCIL OF THE CITY

OF VERMILION, COUNTIES OF EIRE AND LORAIN, STATE OF OHIO:

                      SECTION 1. That Section 432.43 entitled "Text Messaging while Driving" of

the Codified Ordinances of the City of Vermilion, Ohio is hereby enacted to read as

follows:

                     432.43 TEXT MESSAGING WHILE DRIVING

                    (A)      As used in this section:

                               (1)    "Text Messaging" means a message sent or received via a process using

                                         wireless handsets. For purposes of this section, an e-mail shall be

                                         considered a ''text message".

                               (2)    "Wireless handset" means a portable electronic device capable of

                                        transmitting or receiving data in the form of a text message.

                     (B)     No person shall use a wireless handset to compose, send or read text or

                               electronic messages while operating a motor vehicle in the City of

                               Vermilion unless one of the following exceptions applies: .

                                (1)     Contacting any law enforcement, police officers, emergency

                                          services personnel, emergency medical technicians or fire safety

                                          officials to report an emergency situation.

                                (2)     While inside a motor vehicle when such vehicle is parked, standing

                                          or stopped and is removed from the flow of traffic in

                                          accordance with applicable laws or rules or is stopped due to the

                                          inoperability of such vehicle.

                      (C)    Penalty. Whoever violates this section shall be fined up to one hundred dollars for

                                the first offense, two hundred dollars for the second offense, and up to five

                                hundred dollars for each subsequent offense. If the texting also causes an

                                accident, the penalty shall be the same as for a misdemeanor of the fourth

                                degree.

                      (D)    The Safety Service Director may direct that signs be placed at primary entrances to

                                the City indicating that texting while operating a motor vehicle is prohibited.

                                 Lack of signage shall not be a basis for dismissal of a violation.

                      SECTION 2. It. is found and determined that all formal actions of this Council

concerning and relating to the adoption of this Ordinance were conducted in an open meeting

of this Council, and that all deliberations of this Council and any of its committees that

resulted in such formal action were in meetings open to the public in accordance with all legal

requirements, including Section 121.22 of the Ohio Revised Code.

                       SECTION 3. This Ordinance shall take effect and be in full force from and after the

earliest period allowed by law.

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