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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIR- GINIA, 1961, BY ADDING TO CHAPTER 18 THEREOF A NEW SECTION PERTAINING TO THE WEARING OF EARPHONES WHILE DRIVING A MOTOR VEHICLE. WHEREAS, the City of Portsmouth is authorized to en- act as ordinances certain statutos from the Code of Virginia, provided such ordinances are substantially consistent with the state law; and ?H{EREAS, the General Assembly of Virginia at its 1973 session amended certain of those statutes of the Code of Virginia, 1950; and ~EREAS, it is thorefore necessary to amend a certain chapter of the Code of the City of Portsmouth, Virginia, 1961, so as to make said chapter conform to the changes in the Code of Virginia enacted by the General Assembly at its 1973 session. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That.the Code of the City of Portsmouth, Virginia, 1961, be amended by adding to Chapter 18 thereof a new section, such new section to read as follows: Section 18-51.1. Wearing earphones while driving prohibited. (a) It shall be unlawful for any person to oper- ate a motor vehicle on any street or highway of this City while using earphones on or in the ears. Any person violating this section shall be guilty of a misdemeanor. (b) For the purpose of this section, "earphones" shall mean any device worn on or ~n the ears which converts electrical energy to sound waves or which impairs or hinders the person's ability to hear, but shall not include any pros- thetic device which aids the hard of hearing, nor does it include the driver of any police vehicle, any fire vehicle used exclusive- ly for fire fighting, any ambulance or rescue or lifesaving ve- hicle used for the principal purpose of emergency relief. 2. This ordinance shall take effect from the date of its passage. Adopted by the Council of the City of Portsmouth, Vir- ginia, at a meeting held June 12, 1973. Teste: City Clerk