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PLACED ON IST READING & REFERRED TO THE
<br />RULES AND ORDNANCES CMTE 2/19%02.
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<br />PLACED OND 2ND READING 3/4/02.
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<br />ORDINANCE NO. 42-02 BY: Corrigan, Dunn, FitzGerald,
<br /> George, Roth, Seelie, Skindell.
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<br /> AN ORDINANCE to amend section 541.02, Arson, of the Codified Ordinances of
<br />the City of Lakewood for the purpose of making the section gender neutral, raising the
<br />value of the property damaged for the crime to remain a misdemeanor and to remain
<br />consistent with the Ohio Revised Code.
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<br /> WHEREAS, this ordinance is necessary for the public health, welfare and safety.
<br />Now therefore,
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<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO
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<br /> Section 1. That section 541.02, Arson, of the Codified Ordinances of the City
<br />of Lakewood currently reading as follows:
<br />
<br /> 541.02 ARSON.
<br /> (a) No person, by means of fire or explosion, shall knowingly cause or create
<br />a substantial risk of physical harm to any property of another without his or her
<br />consent.
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<br /> (b) The court shall require, if appropriate, a person who is convicted of or
<br />pleads guilty to arson under this section to make restitution for all or part of the
<br />property damage caused by his or her. offense, which restitution shall be in addition to
<br />the penalties otherwise imposed by the court for a conviction or plea of guilty for a
<br />violation of this section.
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<br /> (c) Whoever violates this section is guilty of arson, a misdemeanor of the first
<br />degree, provided the value of the property or the amount of physical harm involved is
<br />less than three hundred dollars ($300.00) and provided the offender's purpose is not to
<br />defraud and provided the property involved is not a courthouse, school buildingor other
<br />building or structure .that is owned or controlled by the State, any political subdivision,
<br />or any department, agency or instrumentality of either the State or a political
<br />subdivision, and that is used for public purposes, and provided the property is not a
<br />park, preserve, wildlands, brush-covered land, cut-over land, forest, Umberland,
<br />greenlands, woods or similar property that is owned or contro led by another person,
<br />the State or a political subdivision.
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<br />shall be and is hereby amended to read as foil ows:
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<br /> 541.02 ARSON.
<br /> (a) No person, by means of fire or explosion, shall knowingly cause or create
<br />a substantial risk of physical harm to any property of another without the other person's
<br />consent.
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<br /> · (b) This section does not apply if the violation is done with purpose to
<br />defraud or the property involved is a state, house or a courthouse, school building or
<br />other building or structure that is owned or controlled by the State, any political
<br />subdivision, or any department, agency or instrumentality of the State or a i~olitical
<br />subdivision, and .that is used for public purposes.
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<br />(c) Whoever violates this section is guilty of arson, a misdemeanor of the first
<br />degree if the value of the property or the amount of physical harm involved is less than
<br />five hundred dollars ($500.00).
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<br /> Section 2. It is found and determined that all formal actions of this Council
<br />concerning and relating to the passage of this ordinance were adopted in an open
<br />meeting of this Council, and that all such deliberation of the Council and of any of its
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