150-02 501.13 Victim Notification

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PLACED ON lST READING 11/18/02, PLACED ON 2ND READING 12/2/02. ORDINANCE NO. 150-02 BY: Corrigan, Dunn, FitzGerald, George, Seelie, Skindell. AN ORDINANCE to enact: a new section 501.13, V/CT/I~! NOT/F~CAT/ON, set forth in Chapter 501, GENERAL PROVISIONS AND PENALTY, of the Codified Ordinances of the Ob/of Lakewood for the purpose of requiring victim notification in accordance with the Ohio Revised Code Chapter 2930, and, in addition, requiring victim notification in the additional circumstance wherein a fatalib/results arising out of a misdemeanor traffic charge. WHEREAS, the City 'of Lakewood has an interest in insuring that victim notification is provided in compliance with the provisions set forth in the Ohio Revised Code. In addition, the Cib/of Lakewood has a' further interest in insuring that victim notification is provided in the limited circumstance where a fatality occurs as a result of a misdemeanor traffic violation,' given that the Ohio Revised Code does not require victim notification in such instance; and WHEREAS, this Ordinance is necessary in order to preserve the health, safety and welfare of the general public. Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That new section 501.13, VICTIM NO'I/FICA'r/ON, of the Codified Ordinances of the City of Lakewood, is hereby enacted to read as follows: 501.13 VICT/I~I NO'T/FJCATJON. (a) This provision specifically incorporates and adopts theprovisions of Ohio Revised Code ChaPter 2930 as it relates to the following offenses set forth in the Lakewood Codified Ordinances: 537.01, 537.02, 537.03, 537,05, 537.055, 537.06, 533.04, 537.14, and 537.18. (b)This victim notification requirement is consistent with and in addition to notification required by Ohio Revised Code Chapter 2930. (c) In addition, in the event that a death occurs as the result of actions by a person charged and prosecuted with a traffic offense within the City of Lakewood, the law department of the City of Lakewood shall, to the extent practicable, notify the victim's f.ami!y or.~pr-.csen, ta~.v_e_ of the charge or charges brought against me aerenaan% me a ro date court dates, and the disposition of the charges. If no PP P *'-'- ' r charge or charges result from the death, then the victim s famdy o representative shall be so notified. (d) The failure of a public official or public agency to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency. Section 2. It is found and determined that all formal actions of this Coundl concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Coundl 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. President Approved: ~ ~ i'~1 Mayor / ii'.- .? .. ?:/-..~' .}' ~:.....-