12-02 Amend 501.05 Criminal Law Jurisdiction

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PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES ~CMTE. 2/19/02. PLACED ON 2~u READING 3/4/02. ORDINANCE NO. 12-02 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Sktndell. AN ORDINANCE to amend section 501.05, Criminal Law 3udsdiction, of the Codified Ordinances of the City of Lakewood for the purpose of including subject matter jurisdiction for persons disseminating images or information into the municipality, in violation of law, by means of a computer or telecommunications devices, to define such terms and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEVVOOD, STALE OF OHIO Section 1. That section 501.05, Criminal Law 3urisdiction, of the Codified Ordinances of the City of Lakewood currently reading as follows: 50!.05 CRIMINAL LAW .1URISDICI'ION. (at A person is subject to misdemeanor prosecution and punishment in this Municipa_ty (1) He commits an offense under the laws of this Municipality, any if any of the following occur: element of which takes place in this Municipality; (2) While in this Municipality, he conspires or attempts to commit, or is guilty of complicity in the commission of an offense in another jurisdiction, which offense is an offense 'under both the laws of this Municipality and such other jurisdiction; (3) ' While out of this Municipality, he conspires or attempts to commit, or is guilty- of complicity in the commission of an offense in this Municipality; (4) While out of this Municipality, he omits to perform a legal duty imposed by the laws of this Municipality, which omission affects a legitimate interest of the Municipality n protecting, governing or regulating any person, property, thing, transact on or activity in this Municipality; (5) While out of this Municipality, he unlawfully takes or retains property and subsequently brings any of such property into this Municipality; (6) While out of this Municipality, he unlawfully takes or entices another, and subsequentlyI brings such other person into this Municipality. (b) In homicide, the element referred to in subsection (a)(1) hereof is either the act which causes de~th, or the physical contact which causes death, or the death i~elf. If any part of the body of.a homicide victim is found in this Municipality, the death is presumed to have occurred within this Municipality. (c) This Municipality includes the land and water within its boundaries and the air space above such land and water, and real property outside the corporate limits, with respect to which this Municipality has either exc usive or concurrent le~lislative jurisdiction. Where the boundary between this MOnicipality and another jurisdmtion is disputed, the disputed territory is conclusively presumed to be within this Municipality for purposes of this section. (d) When an offense is committed under the laws of this Municipality, and it appears beyond a reasonable doubt that the offense or any element thereof took place either in this Municipality or in another jurisdiction or jurisdictions, but it cannot reasonably be determined in which it took place, such offense or element is conclusively presumed to have taken place in this Municipality for purposes of this section.