Ordinance 08-11RECORD OF ORDINANCES
Ordinance No
08- 11(Amended)
Passed 20
AN ORDINANCE AMENDING SECTION 72.058 OF THE
CODIFIED ORDINANCES OF DUBLIN, OHIO TO PROHIBIT
"SENDING, READING, OR WRITING A TEXT MESSAGE OR
ACCESSING THE INTERNET WHILE DRIVING"
WHEREAS, texting while driving has been shown to increase the risk of accidents,
especially to younger drivers; and
WHEREAS, Council identifies the need to improve roadway safety for all vehicle
operators, passengers, bicyclists, pedestrians, and other roadway users by prohibiting
texting while driving;
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, / of the elected members concurring that:
Section 1. That Section 72.058 of the Codified Ordinances of the City of Dublin
is hereby amended to read as follows:
72.058 Failure to Control; Weaving; Full Time Attention, Sending, Reading, or
Writing a Text Message or Accessing the Internet While Driving.
(A) No person shall operate a motor vehicle or motorcycle without exercising
reasonable and ordinary control over such vehicle.
(B) No person shall operate a motor vehicle or motorcycle in a weaving or zigzag
course unless such irregular course is necessary for safe operation or in compliance
with law.
(C) No person shall operate a motor vehicle or motorcycle without giving his full
time and attention to the operation of such vehicle.
(D) No person shall operate a motor vehicle or motorcycle while using a mobile
communication device to:
(1) Manually write, send, read or reply to a text message; or
(2) Send, read, create, or interact with internet -based content,
play games or otherwise interact with the internet.
(3) Division (D) shall not apply to:
(a) Operators of emergency or public safety vehicles where
the operator of a public safety vehicle uses such device in the
course of the operator's official duties,
(b) Any person reporting a health or safety emergency;
(c) Drivers parked, standing or stopped and removed from
the flow of traffic, or stopped due to an inoperable vehicle.
(4) As used in division (D):
(a) "Text message" means any message sent, stored or
received via mobile communications device. For the purposes
of this Section, an email message and an instant message
shall be considered a text message.
(b) "Mobile communications device" means any portable
electronic device capable of transmitting or receiving data in
RECORD OF ORDINANCES
Ordinance No.
08- 11(Amended)
Passed
Page 2 of 2
20
the form of a text message or capable of accessing the
internet, including but not limited to a wireless telephone, a
text- messaging device, a personal digital assistant, or a
personal computer, but specifically excluding a commercial
portable mobile data terminal and a global positioning or
navigation system being used for thatpurpose.
(c) "Emergency vehicles" and "Public safety vehicles"
have the same meaning as set forth in Ohio Revised Code
Section 4511.01(D) and (E).
(E) A violation of any of the divisions of this Section shall be considered a
primary offense.
(F) Whoever violates divisions (C) or (D) of this Section shall be guilty of a
fourth degree misdemeanor.
Section 2. This Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this lq-b day 2011
Mayor - Pre 6 g Officer
Attest:
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Clerk of Council
CITY OF DUBLIN-
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 -410 -4400 • Fax: 614 -410 -4490
To: Dublin City Council
From: Marsha Grigsby, City Manager
Date: February 10, 2011
Initiated By: Heinz von Eckartsberg, Interim Chief of Police
Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
Memo
Re: Ordinance 08 -11 (Amended) - Amending Section 72.058 of the Codified
Ordinances of Dublin, Ohio to Create a Subsection Prohibiting "Sending,
Reading, or Writing a Text Message or Accessing the Internet While Driving"
Summary
Since the introduction of Ordinance 08 -11 on January 24, 2011, the Legal Department received
comments from AT &T on the proposed revisions to Section 72.058 of the Dublin Codified
Ordinances. AT &T has been involved with texting initiatives throughout the country. They made
the following two suggestions:
• In division (D)(1), insert "Manually" before "Write."
Per AT &T, this change would provide clarification that the prohibition is on a driver
manually writing or sending so as not to inadvertently prohibit voice - activated in- vehicle
technologies or text -to- speech applications from being used.
• In division (13)(4)(b), in the last clause, replace the phrase "an internet based vehicle
navigation system" with a "global positioning or navigation system."
Per AT &T, this change would provide clarification that the use of navigation applications on
a smart phone is permitted; the exception should not be limited to in- vehicle navigation
systems. The smart phone navigation applications, which perform the same functions as
traditional navigation devices (both in -car and handheld), are increasing in popularity and
their use should not be precluded.
We believe AT &T's points are valid and, consequently, have made the suggested revisions to the
attached ordinance. No other revisions have been made since the first reading.
Recommendation
Ordinance 08- 11(Amended) is presented for second reading/public hearing on February 14, 2011.
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
CITY OF DUBLIN_ Phone: 614 -410 -4400 • Fax: 614- 410 -4490
To: Dublin City Council
From: Marsha Grigsby, City Manager ��A \�
Date: January 20, 2011
Initiated By: Heinz von Eckartsberg, Interim Chief of Police
Stephen J. Smith, Law Director
Jennifer D. Readler, Assistant Law Director
Memo
Re: Ordinance 08 -11 - Amending Section 72.058 of the Codified Ordinances of
Dublin, Ohio to Create a Subsection Prohibiting "Sending, Reading, or
Writing a Text Message or Accessing the Internet While Driving"
Summary
At Council's request, the Legal Department researched the issue of prohibiting texting while driving
and, in consultation with the Police Department, has drafted the attached legislation for Council's
consideration. It is based upon the legislation that was passed by the Ohio House of
Representatives and is currently pending in the Ohio Senate.
The key elements of this legislation as currently drafted are as follows:
• Prohibits texting, accessing the internet, instant messaging and reading any such
information;
• Permits making or receiving cellular telephone calls and does not mandate the use of a
hands -free (Bluetooth) device;
• Provides for the following additional exceptions:
• The use of an intemet -based vehicle navigation system and a commercial
portable mobile data terminal;
• Emergency /public safety personnel, as defined by the Ohio Revised Code;
• Motorists reporting a health/safety emergency;
• Motorists parked outside the flow of traffic or stopped due to an
inoperable vehicle.
Provides that a violation is a primary offense. This means that a police officer may
initiate a traffic stop based solely on a violation of this ordinance;
Establishes the penalty as a fourth degree misdemeanor.
At the suggestion of the Police Department, the penalty for a violation of division (C) of Section
72.058 (Full Time Attention) was increased from a minor misdemeanor to a fourth degree
misdemeanor.
In addition to the proposed legislation, the City is continuing with ongoing educational efforts to
discourage texting and driving.
Memo re. Ordinance 08 -11 — Prohibiting Texting While Driving
January 20, 2011
Page 2 of 2
Legal staff, along with the Police Department, will be available to respond to any questions
regarding this legislation.
Recommendation
Ordinance 08 -11 is presented to Council for first reading on January 24, 2011.