02-79 Distrib of Codified Ordinances & establish rates

Home Browse Search

ORDINANCE NO. 1-79 BY: Brockman, Brown, Chinnock, Magnotto, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to supplement Section 501.99 of the General Offenses Code of the Codified Ordinances of the City of Lakewood by enacting new Subsections (c) and (d) relating to penalties and imposing sentences for misdemeanors. WHEREAS, the Ohio Legislat'ure recent]y adopted Amended Substitute Senate Bill 1'19, which provides, among other things, that the municipal court may require a person convicted or pleading guilty to a misdemeanor to make restitution and to take into account in imposing imprisonment for misdemeanors that the victim of the offense was sixty-five (65) years of age or older or disabled, and ~{EREAS, it is desirous that the Codified Ordinances of the City be in conformance with the State Code relating to the aforementioned matters, and Wq{EREAS, this ordinance constitutes an emergency measure providing for the imediate preservation of the public hea~th, safety and welfare and for the usual daily operation ~f a municipal department; now, therefore, OHIO: BE IT ORDAINED BY. THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF Section 1. That Sec.tion 501'.99 of the General Offenses Code of the Codified Ordinances of the City of Lakewood be supplement'ed by enacting new Subsections (c) and (d) to read as follows': 501.99 PENALTIES FOR.MISDEMEANORS. (c) The court may require a person who is convicted of or pleads guilty to ~ misdemeanor to make restitution for all or part of the property damage that is caused by h~s offense and for all or part of the value of the property that is the subject of any theft offense, as defined in Division (k) of Section 545.01 of this Code, that the person committed. If the court 'determines that the victim of the offense was sixty-five years of age or older or permanently or totally disabled at the time of the commission of. the offense, the co,rt shall, regardless of Whether or not the offender knew the age of victim, consider th~s fact in favor of imposing restituion, but this fact shall not control the decision of th~ court. (d) The following do not control the court's discretion, but shall be con~sidered in favor of imposing imprisonment for mis d eme ano r: (1) The offendcr is a repeat or dangerous offender; (2) Regardless of whether or not the offender knew the age of the victim, the victim of the offense was sixty- five years of age or older or permanently and 'totally disabled at the time of the commission of the offense. Section 2. That this ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Co,ncil, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Adopted: Approved: