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PLEASE SUBSTITUTE FOR ORDINANCE <br />No. 22-92 PLACED ON FIRST READING 3/16/92; <br />SECOND READING 4/6/92; and previously <br />SUBSTITUTED ON 7./20/92. <br /> <br />ORDINANCE NO. <br /> <br />22-92 <br /> <br /> BY: Boscia, Gallagher, George, <br />Gibbons, Roth, Seelie, Smith <br /> <br /> AN EMERGENCY ORDINANCE to amend the Traffic Code of the <br />Codified Ordinances of the City of Lakewood to supplement <br />mandatory sentences for driving while intoxicated in Lakewood by <br />amending Sections 333.01(g), repealing 333.01(h) and to increase <br />the penalty for operating in willful or wanton disregard of safety <br />by amending Section 333.021 to add 333.021(c). <br /> <br /> WHEREAS, state law and the policy of the State of Ohio is <br />that operating a motor vehicle while intoxicated is punishable by <br />mandatory jail terms and fines, and <br /> <br /> WHEREAS, Article 18, Section 3 of the Ohio Constitution <br />permits Charter Municipalities to enact ordinances in the exercise <br />of the police power that are not in direct conflict with the <br />general laws of the State of Ohio, and <br /> <br /> WHEREAS~ the Rules and Ordinance Committee of Lakewood City <br />Council has investigated local conditions, conducted hearings and <br />concluded that supplementing the mandatory penalties for driving <br />while intoxicated and increasing the penalty for operating in <br />willful disregard of safety in Lakewood is necessary and <br />appropriate, and <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure <br />providing for the immediate preservation of the public health, <br />safety, and welfare, and for the usual daily operation of <br />municipal department; now therefore, <br /> <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That Section 333.01 (g) of the Traffic Code of <br />the Codified Ordinances of the City of Lakewood, now reading as <br />follows: <br /> <br />333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE <br /> INFLUENCE; EVIDENCE. <br /> <br />(a) Adults Under Influence ...... <br /> (1) ..... <br /> (2) . . <br /> (3) ..... <br /> (4) ..... <br />(b) Minors Under Influence ..... <br /> (1) . . . <br /> (2) ..... <br /> <br /> (3) <br />(c) . Prose~ ti .... <br />(d) Physical Control ...... <br /> (1) Adults ..... <br /> <br /> (2) Minors. <br /> <br />(e) Evidence; Tests ...... <br />(f) License Suspension Pendente Lite ...... <br /> <br /> (g) Penalty for Operation Under Influence: Mandatory <br />Imprisonment. Whoever violates subsection (a) or (b) hereof shall, <br />in addition to the license suspension or revocation provided in <br /> <br />1 <br /> <br /> <br />