108-83 Amend 901.18 - Streets - use of public property

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ORDINANCE NO. 108-83 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend Section 901.18 of the Streets and Pub- lic Services Code of the Codified Ordinances of the City of Lakewood to provide for the regulation of the use of public property. WHEREAS, the United States District Court has granted Summary judgment holding Section gOl.18 of the Codified Ordinances of the City of Lakewnod to be unconstitutional and void, specifically in reference to the placement of coin operated newspaper boxes on public property, and WHEREAS, the United States District Court has, however, held the matter of a permanent injunction in abeyance to give the City of Lakowood an opportunity to enact reasonable regulations concerning the placement of newspaper boxes on public property, and WHEREAS, this Council determines that it is in the best interest of the Ctt~ to pr?ide for the placement of structures on public property, subject to permit obtained from this Council except as may otherwise be permitted by ordinance, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section gOl.18 of the Streets and Public Services Code of the Codified Ordinances of the City of Lakewood, now reading as follows: gOl.18 ERECTING BUILDINGS OR STRUCTURES ON PUBLIC GROUND. No person shall erect or place, or cause to be erected or plac- ed, or permit to remain, any building or structure of any nature upon any street, lane, alley or public ground within the City. shall be and the same is hereby amended to read as follows: gOl.18 ERECTING BUILDINGS OR STRUCTURES ON PUBLIC GROUND. (al No person shall erect, place,'or caused to be erected or placed or permit to remain, any building, structure, or device of any nature upon any street, lane, alley or public ground within the City except with the consent of the owner thereof and where permitted by statutes of the State of Ohio and the Ordinances of the City of Lakewood, including, but not limited to, zoning provisions. (b) No person, firm, or corporation shall exclusively use property of the City of Lakewood held for use by the general public except pursuant to rental agreements or permits includ- ing provision for the payment of a reasonable rental as may be authorized by ordinance. The term "exclusive use", as used in this Section shall mean continuous use of property in the manner hereinabove stated to the exclusion or limitation of the general public for a period of thirty (30) minutes or longer. Applications for rental agreements or permits for the exclusive useof public p?perty of the City of Lakewnod shall be made to the City Council, excep~ as otherwise permitted by ordinance. S~ctton 2. It is found, and determined that all formal .actions of · nc~l concerning and relating to the passage of this ordinance were t~s. C~ _ ___,~._ A~ thiS Council, and that all such del~bera?on~.of in an oen mec~,.~ vm ~pt~o .... ~ -- .... -f its committees that resulted in such formal action tnls ~ouncl) aha u- ~-~ wereinmeetings open to the public, i? c~liance with all legal requirements including section 121.22 of the Ohio Revised Code.