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55-02 549.120 Possessing Replica Firearm in School
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55-02 549.120 Possessing Replica Firearm in School
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Last modified
5/14/2013 2:58:58 PM
Creation date
7/8/2003 6:03:13 AM
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Office Of Council
Document Type
Ordinances
Date
7/8/2003
Date Adopted
4/15/2002
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PLACED ON 1ST READING & REFERRED TO THE <br />RULES. & ORDINANCES CMTE 2/19/02. <br /> PLACED ON 2~° READ]lq'(} 3/4/02. <br /> <br />ORDINANCE NO. 55-02 BY: Corrigan, Dunn, FitzGerald, <br /> Geor.ge, Roth, Seelie, Skindell. <br /> <br /> AN ORDINANCE to enact new section 549.12(3, Possessing Replica Firearm in <br />School, of the Codified Ordinances of the City of Lakewood 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 ORDAINED BY THE cl'rY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section 1. That new section 549.120, Possessing Replica Firearm in School, of <br />the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: <br /> <br />549.120 POSSESSING REPLICA FIREARM IN SCHOOL <br /> <br /> (a) No person shall knowingly possess an object in a school safety zone if <br />both of the following apply: <br /> (1) The object is indistinguishable from a firearm, whether or not the object <br /> is capable of being fired. <br /> (2) The person indicates that the person possesses the object and that it is <br /> a firearm, or the person knowingly displays or brandishes the object and <br /> indicates that it is a firearm. <br /> <br /> (b) SubSection (a) hereof does not apply to premises upon which home <br />schooling is conducted. Subsectioh (a) hereof also does not apply to a school <br />administrator, teacher, or employee who possesses an object that is indistinguishable <br />from a firearm for legitimate school purposes during the course of employment, a <br />student who uses an object.that is indistinguishable from a firearm under the direction <br />of a school administrator, teacher, or employee, or any other person who with the <br />express prior approval of a school administrator possesses an object that is <br />indistinguishable from a firearm for a legitimate purpose, including the use of the object <br />in a ceremonial activity, a play, reenactment, or other dramatic presentation, or a ROTC <br />activity or another similar use of the object. <br /> <br /> (c) Whoever violates subsection (a) hereof is guilty of illegal possession of an <br />object indistinguishable from a firearm in a school safety zone, a misdemeanor of the <br />first degree, provided the Offender has not previously been convicted of a violation of <br />O.hio~ R.C. 2923.~122. <br /> <br /> (d) As used in this section, "object that is indistinguishable from a firearm" <br />means an object made, constructed, or altered so that, to.a reasonable person without <br />specialized training in firearms, the object appears tq be a firearm. <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 />
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