61-01 351.99(h) Penalty and Waiver

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ORDINANCE NO. 61-01 RY' Corrigan, FitmGerald, George, R~h, Seelie, Skindell, Smith. AN EMERGENCY ORDINANCE to enact a new Section 351.99(h), Penalty and Waiver, of the Codified Ordinances of the City of Lakewood for the purpose of creating a penalty for violation of amended Section 351.16, Displaying Vehicles for Sale; Advertising; Repairing or Washing Vehicles. WHEREAS, recently, safety issues have arisen in the City of Lakewood related to parking and the repair of vehicles in the public right of way; and WHEREAS, these public safety concerns have caused the City to remove parking meter heads and to restrict parking during peak business hours in certain areas; and WHEREAS, in order to safely restore parking in these areas, it is necessary to regulate the repair and/or washing of vehicles in the public right of way; and WHEREAS, this Council by a vote of at least five (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 ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKE'WOOD, and that it is necessary for the immediate preservation of the public property, health and safety, in that the on street parking in certain areas of the City of Lakewood can not be safely restored without this legislation. Now Therefore, BE IT ORDAINED 8Y THE CITY OF LAKEWOOD, STATE OF OHIO Section 1, That section 351.99(h), Penalty and Waiver is hereby enacted to read as follows: 351.99(h) PENALTY AND WAIVER Whoever violates Section 351.16 is guilty of a minor misdemeanor and may, in lieu of the other penalties provided for the violation of such section and upon signing a waiver, be fined fifty dollars ($50.00) if such violator pays such fine at the Traffic Bureau, in person or by mail, within forty-eight hours, or if not within forty-eight hours, then in the sum of eighty dollars ($80.00) if such violator pays such amount at the Traffic Bureau, in person or by mail, within seventy-two hours from the time of the violation. If such violator does not pay the fine as hereinbefore provided, then a warrant shall be issued and such violator shall be subject to the penalties otherwise provided for a violation of such provision. Any person violating Section 351.16 within one year ora first offense, is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense the person is guilty of a misdemeanor of the third degree. Section 2. It is found and determined that all formal actions of this Council concerning and 'relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberation of the Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health, safety and welfare in the City and for the usual dally operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five (5) of its members elected to Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council