60-01 Amend 905.99 Penalty - Parks (amended 3/1/10 - 18-10)

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PLACED ON 1ST READING '~12/3/01. PLACED ON 2ND READING 12/17/01. ORDINANCE NO. 6o-o[ BY:corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell. AN EMERGENCY ORDINANCE to amend § 905.99, PENALTY, set forth in Chapter 905, PARKS, of the Codified Ordinances of the City of Lakewood thereby amending the penalty to accommodate a violation of the new provision in 905.07(b) prohibiting the feeding of geese, other wild animals and/or birds so as to discourage and otherwise deter the continued presence of geese at Lakewood Park. WHEREAS, there has been an ever-increasing and intolerable nuisance with the presence of geese and the resultant geese droppings in Lakewood Park creating both a health and safety hazard; and WHEREAS, members of the public who frequent the park, have been and continue to feed the geese and thereby encourage the continued presence of the geese in the park; .and WHEREAS, in addressing the need to deter the presence of geese in Lakewood Park and further to protect the public in the use of the parks and the facilities located therein and/or to protect and preserve such parks, amendment to the above ordinance is necessary; and WHEREAS, this Council by a vote of at least fn/e (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTZCLE III;, SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CrTY OF LAKEWOOD, and that immediate action is .necessary in order to preserve the health, safety and welfare of the general public. Now, therefore, BE TI' ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section :[. That §905.99 of the Codified Ordinances of the City of Lakewood, currently reading as follows: 905.99 PENALTY. t' (a) Whoever viola.t~ Sections 905.01 through 905.18, or fails to comply with ne requirements thereof, snail be fined not more than one hundred dollars ($100.00) for a first offense. For a second or subsequent offense, such person shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than sixty days, or both. (bn) Whoever violates Section 905.19 shall be fined not less than five dollars ($5.00 r more than twenty-fNe dollars ($25.00). shall be and is hereby amended to read as follows: 905.99 PENALTY. Sec[ (a) Whoever violates Sections 905.01 through 905.18 (with the exception of ion 905.07(b)), or fails to comply with the ~requirements thereof, shall be fined not mo. re than. o.n.e hundr~, dollars ($100.00) for a first offense. For a second or subsequent orrense, sucn person shall be fined not more than one hundred dollars ($100.00) or imPrisoned for not more than sixty days, or both. b) Whoever violates Sections 905.07(b) or 905.19 shall be fined not less than five dolars ($5.00) nor more than twenty-five dollars ($25.00).