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Please Substitute for Ordinance No. 50-02. <br />(Placed on 1st Reading and Referred to the <br />Rules and Ordinances Committee 2/3.9/02, <br />Placed on 2nd Reading 3/4/020 <br /> <br />ORDINANCE NO, so-oz BY: Corrigan, Duan, Fi.tzGeralct, <br /> George, Rot:h, Seelt. e, Ski.nde[[. <br /> <br /> AN ORDINANCE to amend section 545.3.4, Tampering with Records, of the <br />Codified Ordinances of the City of Lakewood to set a monetary limit and other <br />restrictions for the crime to remain a misdemeanor and for the purpose of remaining <br />consistent with the Ohio Revised Code. <br /> <br /> WHEREAS, this ordinance is necessary for the public health, welfare and safety. <br />Now therefore, <br /> <br />BE 1T ORDAZNED BY THE C1TY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section 1. That section 5a,5.1,t, Tampering with Records, of the Codified <br />Ordinances of the City of Lakewood currently reading as follows: <br /> <br /> 545.3.ar TAMPERING WITH RECORDS. <br /> (a) No person, knowing he has noprivilege to do so, and with purpose to <br />defraud or knowing that he is fadlitatlng a fraud, shall-do any of the following: <br /> (1) Falsify, destroy, remove, conceal~ alter, deface or mutilate any <br /> writing or record; <br /> (2) Utter any writing or record, knowlng It to have been tampered <br /> with as provided in subsection (a)(1) hereof. <br /> <br /> (b) Whoever violates this section is guilty of tampering with records, a <br />'misdemeanor of the first degree, if the violation does not Involve data and if the writing <br />or record is not a will unrevoked at the time of the offense or not a record kept by or <br />belonging to a governmental agency. <br /> <br />shall be and Is hereby amended to read as follows: <br /> <br />545.14 TAMPERING WITH RECORDS. <br /> <br /> Ca) No person, knowln~, he has noprlvilege to do so, and with purpose to <br />defraud or knowing that he is faclhtating a fraud, shall-do any of the following: <br /> (3.) Falsify, destroy, .remove, conceal, alter, deface or mutilate any <br /> writing or recom; <br /> (2) Utter any writing or record, knowing It 'to have been tampered <br /> with as provided in subsection (a)(1) hereof.' <br /> <br /> (b) Whoever vlolates this section is guilty of tampering with records, a <br /> misdemeanor of the first degree. If the violation involves data or computer software the <br /> value of which or loss to the victim is five hundred dollars ($500.00) or more, or if the <br /> writing or record is a will unrevoked at the time of the offense, tampering with records <br />- is a felony and shall be prosecuted under appropriate State law. <br /> <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 <br /> <br /> <br />