(a) As used in this section and each section referenced in subsection (b) of this section, all of the following apply:
(1) "Distracted" means doing either of the following while operating a vehicle:
A. Using an "electronic wireless communications device", as defined in Section 333.12 of the Codified Ordinances, in violation of that section; and /or
B. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
(2) "Distracted" does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same time. A person who so wears earphones or earplugs may be charged with a violation of Section 331.42 of the Codified Ordinances.
(3) "Distracted" does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility, provided that the driver of the vehicle is acting in response to an emergency, power outage, or a circumstance affecting the health or safety of individuals.
(4) As used in subsection (a)(3) of this section:
A. "Utility" means an entity specified in division (A), (C), (D), (E), or (G) of Section 4905.03 of the Ohio Revised Code.
B. "Utility service vehicle" means a vehicle owned or operated by a utility.
(b) If an offender violates a section of Chapter 331 or 333 of the Codified Ordinances while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding Section 2929.28 of the Ohio Revised Code, is subject to an additional fine of not more than one hundred dollars as follows:
(1) Subject to Ohio Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the aforementioned sections of Chapters 331 or 333 of the Codified Ordinances or that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender's right to contest the ticket, citation, or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of one hundred dollars ($100.00).
In lieu of payment of the additional fine of one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course, as described in Section 4511.991 of the Ohio Revised Code. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation but shall not be required to pay the additional fine of one hundred dollars ($100.00), so long as the offender submits to the court both the offender's payment in full and such written evidence.
(2) If the offender appears in person to contest the ticket, citation, or summons in a trial and the offender pleads guilty to or is convicted of the violation, the court, in addition to all other penalties provided by law, may impose the applicable penalty for the violation and may impose the additional fine of not more than one hundred dollars.
If the court imposes upon the offender the applicable penalty for the violation and an additional fine of not more than one hundred dollars ($100.00), the court shall inform the offender that, in lieu of payment of the additional fine of not more than one hundred dollars ($100.00), the offender instead may elect to attend the distracted driving safety course described in subsection (b)(1) of this section. If the offender elects the course option and attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation but shall not be required to pay the additional fine of not more than one hundred dollars, so long as the offender submits to the court the offender's payment and such written evidence.
(3) If a law enforcement officer issues an offender a ticket, citation, or summons for a violation of any of the sections in Chapters 331 or 333 of the Codified Ordinances or a substantially equivalent state statute based on the same conduct that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the officer shall do both of the following:
A. Report the issuance of the ticket, citation, or summons to the officer's law enforcement agency;
B. Ensure that such report indicates the offender's race.
(Ord. 77-2023. Passed 5-23-23.)