83-84 Amend sect 741.05 (a) extend hrs of permitted solicitation

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ORDINANCE NO. 83-84 BY: Brown, Chinnock, Graham, McBride, Salmon, Wendling AN. EMERGENCY ORDINANCE to amend Paragraph (a) of Section 741.05 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood to extend the hours of permitted solicitation to 9:00 p.m. WHEREAS, Paragraph (a) of Section 741.05 of the Business Regulation Code of the Codified Ordinances of the City of Lakewood as amended, limits the permitted hours for canvassing and soliciting between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, except persons soliciting in conjunction with a Lakewood School activity who may solicit up to 8:30 p.m. on said days, and WHEREAS, the limitation for canvassing and soliciting between the hours of 6:00 p.m. and 9:00 p.m. has been held to be unduly intrusive of first amendment rights by the most recent court decisions throughout the country, and WHEREAS, without legitimate governmental objective, municipal regula- tion is suceptible to constitutional challenge, and WEHREAS, this Council determines that extending the hours for solicita- tion and canvassing to 9:00 p.m. would have no adverse effect upon the preserva- tion of the privacy and safety of the citizens of Lakewood and that it is in the best interest of the City to so extend said hours, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Paragraph (a) of Section 741.05 of the Business Regu- lation Code of the Codified Ordinances of the City of Lakewood now reading as follows: 741.05 RESTRICTIONS. Every person to whom a license to'solicit and/or canvass is issued or a person registered with the Director of Public Safety under the terms of this chapter shall be governed by the following rules and regulations: (a) No person subject to the provisions of this chapter shall canvass or solicit except between the hours of 9:00 a.m. and 5:00 p.m. Monday through Saturday; provided, how- ever, persons soliciting in conjunction with a Lakewood school activity may solicit up to 8:30 p.m. on said days. In addition, no person shall canvass or solicit on any legal holiday. shall be and the same is hereby amended to read as follows: 741.05 RESTRICTIONS. Every person to whom a license to solicit and/or canvass is issued or a person registered with the Director of Public Safety under the terms of thiS Chapter shall be governed by the following rules and regulations: (a) No person subject to the provisions of this chapter shall canvass or solicit except between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday. In addition, no person shall canvass or solicit on Sunday or on any legal holiday as defined in Section 1.14 of the Ohio Revised Code.