36-81 New Sect. 741.02 Business - prohibit seales from cars

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ORDINANCE NO. 36-81 BY: Chinnock, Gallagher, Graham, McBride, Wendling AN EMERGENCY ORDINANCE to enact a new Section 741.02 of the Business Regulation_ Code of the Codified Ordinances of the City of'Lakewood, to pro- hibit the sale of merchandise from motor vehicles within the City and repealing all-other Ordinances inconsistent therewith. WHEREAS, Ohio Revised Code Section 715.22 provides that a municipal corporation has the power to license and regulate the use of its streets by per- sons who use vehicles to solicit or transact business thereon, and WHEREAS, This Council determines that the peddling of goods and wares from motor vehicles within the public streets not only constitutes a nuisance, but is dangerous to other users of said streets and highways, particularly younger children attracted thereto, and ~:~ ~ WHEREAS, this Council determines that it is in the best interest of'the City to prohibit the sale of goods and merchandise from the streets and sidewalks within the City, and WHEREAS, this Ordinance constitutes an em~r§ency measure providing for the immediate preversation of the public safety and welfare, and for the usual daily operation of a municipal department; now, therefor, e, BE IT ORDAINED BY llE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 741 of the Business Regulations Code of the Codified Ordinances of the City of Lakewood be supplemented by enacting a new Section 741.02 to read as follows: Section 741.02 (a) No person, firm or corporation shall s~ll, offer for s.ale, or othen~ise exchange any product, goods, or merchandise from a motor vehicle, pushcart, c~tricycle on any public street or sidewalk within the City, while such public street or sidewalk is open to normal public use. (b) Whoever violates this Section is guilty of a minor misdemeanor for a first offense and for a second or subsequent offense shall be guilty of a misdemeanor_of the fourth degree. Section 2. That existing Section 741.02 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood adopted March 5, 1934, shall be and the same is hereby repealed. Section 3. That Sections 1745.07 through SectioF~1745.13, inclusive of the Sanitary Code of the Codified Ordinances of the City of Lakewood, be and the same are hereby repealed. Sec%ion 4. It is found and' determined'that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopt- ed in an open meeting of this Council, and that all said deliberations of this Council and that of any of its committees that resulted in such formal action, were in meetings open to the public in accordance with all legal requirements including Section 121.22 of the Ohio Revised Code. .~