69-76 Amend 333.03 Traffic - max speed limits

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driven at a ~reater speed thm~ will perndt him to bring the vehicle ~,> n stop wiflfin the assurc~.l clear distance ~ea([ the Mfidavlt and warran~ specify fl~e speed at which the defendant is all~ed ~o have driwm. (j) ~en a speed in excess of both a prima-fa, cie lhnitatlon and thc limitation subsection (h) hereof is ~dlc[~ed, the defendant shall be charg~l Mfidavit, alleging a single act, wifl~ a violation indicatc~l el both subsection (a), (b), (c), (d) or (e), or of nllmitdeclared pursuant to Ohio R.C. 4511.21 by the Ohio Director of Transt~rtation or Council, and subsection (h) hereof. H fl~e court finds a ~olation of s~secttons (a) to (e) hereof or a limit declared pursuant ~ Ohio R.C. 4511.21 has occurr~, it sh~.l enter a judgmen~ of con,etlon under the a~lic~le subsection and dismiss fl~e charge under subsection (h) herc~f. If tt finds no ~olationof subsecl~ons (a) to (e) her~f, or a limit declared pursuant to Ohio R.C. ,1511.21 , i.~ sh;dl then conMder whe~cr ~c evidence supports a convict.ion under subsec~l_on (h) hereof. (k) Points sh~l be assess~l for violation of m~bseetion th) hereof o~4y when the court finds the violation invol, vt~t a speed in excef;fl of sixty miles per hour on freeways as providcxt in subsection (0 hereo[. Convictions for violation of subs~tion (h) hereof, or m~y ordinance enactat to rc~tuee speeds In com- pliance wi~ subsection (h) her,)f, shall not be forwarded tr., the Ohio lhn'eau of Motor Vehicles as providr~l under Ohio II. C. 4507.40 u~Oess lmints nrc assess~t as provident in fids subsection. ~mnever, in aecordm~ee wifl~ Ohio R.C. 4511.21, the spc~l limitations as estab- llsh~] herein have been altered, either higher or lou-er, and the nlmr'opri~I;e signs ~vtng notice have been erected as required, operators of motor vehicles shall be govem~ by the speed limitations set forth on such signs. It is prima-facie ~mlawftd for ~y person ~ except the speed limits tx)sted u~m such signs. Section 2. That this Ordinance is hereby declared to be an emergency measure for the reasons set fort~ in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor, and existing Section 333.03 of the Traffic Code of the Codified Ordinances of the City 9~ Lakewood adopted February 18, 1975 shall be and the same is hereby repealed. Adopted:~~ 4/q7g Approved: ~~ ~ Mayor