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ORDINANCE NO.
<br />
<br />PLEASE SUSSTiTUT~ FO~, ORD~W(~,Vy£ ~1t-88 PLACED
<br />ON FIRST READING AND REFERRED TO THE COMMITTEE
<br />OF THE WHOLE ON DECEMB, ER. 19, ]988.
<br />Placed on Second
<br />AMENDE,D AS SUBSTI?U?~D on
<br /> BY: Brown, I::hjhnOck' Gal lagher,
<br /> Gazzana', George, Graham, Wendling
<br />
<br /> AN EMERGENCY ORDINANCE amending Sections 901.18, 901.181 of
<br />the Streets, Utilities and Public Services Code of the Codified
<br />Ordinances of the City of Lakewood and adding a new Section 1325.06 to
<br />the Building Code of the Codified Ordinances of the City of Lakewood,
<br />revising the standards and procedures for erecting buildings or
<br />structures on public grounds and regulating newspaper dispensing
<br />devices.
<br />
<br /> WHEREAS, Council has determined that it ks in the best
<br />interest of the City of Lakewood to revise conditions and procedures
<br />for erecting buildings or structures on public groUnds and to revise
<br />procedures for the regulation of the location of newspaper dispensing
<br />devices in the City, and
<br />
<br /> WHEREAS, Council has determined that such regulation is in
<br />the best interest of the citizens of the City of Lakewood and
<br />constitutes a measure protecting and preserving the public health,
<br />safety and welfare of the City of Lakewood, and
<br />
<br /> WHEREAS, the placing or erecting of any structure on public
<br />property or right of way can, if not regulated, interfere with the
<br />public use of such thoroughfare or right of way, constitute a clear
<br />danger to the public health, safety and welfare, and may create a
<br />nuisance, and
<br />
<br /> WHEREAS, Council is concerned with the regulation of such
<br />use of public grounds or thoroughfares solely for the purposes of
<br />preserving the public health, safety and welfare and protecting the
<br />right of the public to use such public grounds unobstructed by
<br />dangerous conditions or nuisances, and
<br />
<br /> WHEREAS, Council has observed from considerable experience
<br />and. factual information from members of the Administration including
<br />the Mayor, the Police Chief and the DirectOr of Public Works, that
<br />unregulated use of the public grounds by any individuals or entities
<br />could constitute an interference with the public right to the use of
<br />such grounds and might constitute a threat to the public health,
<br />safety and welfare as well as a nuisance, and
<br />
<br /> WHEREAS, Council is desirious of fairly regulating the use
<br />of public grounds solely for the preservation of the public health,
<br />safety and welfare and not to discriminate against any particular use,
<br />and
<br />
<br /> WHEREAS, this ordinance constitutes an emergency
<br />providing for the immediate preservation of the public health,
<br />and welfare; now, therefore,
<br />
<br />measure
<br /> safety
<br />
<br /> BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That Section 901.18 of the Streets,
<br />and Public Services Code of the Codified Ordinances of the
<br />Lakewood, now reading as follows.-
<br />
<br /> 901.18 ERECTING BUILDINGS OR STRUCTURES ON PUBLIC
<br /> GROUND.
<br />
<br />Utilities
<br />City of
<br />
<br />(a) No person shall erect, place or caused to be
<br />erected or placed or permit to remain, any
<br />building, structure or device of any nature upon
<br />any street, land, alley, or public ground within
<br />the City except with the consent of the owner
<br />thereof and where permitted by statutes of the
<br />State and the ordinances of the City, including but
<br />not limted to, zoning provisions.
<br />
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