58-10 Amend Chpt 309, Parking Violations Bureau

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Ordinance NO.: 58-10 By: Antonio, Bullock, Butler, Madigan, Powers, Smith, Summers. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force after the earliest period allow by law, amending Chapter 309, Parking Violations Bureau, within the Codified Ordinances of the City of Lakewood for the .purpose of decriminalizing parking citations pursuant to the authority granted to municipalities in Ohio Revised Code Chapter 4521. Whereas, as the result of a typographical error, Chapter 353, Off-Street Parking and Chapter 355, Parking Meters were inadvertently omitted from the definition of `Parking Infraction" within Chapter 309, Parking Violations Bureau; and Whereas, Section 309.99, Fees, as the result of a typographical error was inadvertently separated from the main text of Chapter 309 and therefore is being more clearly included to directly follow Section 309.09, Notification to Registrar of Motor Vehicles; and Whereas, additional language should be inserted to establish the intent of the City of Lakewood that any Parking Infraction shall not be considered a criminal offense for any purpose in the event that the collection of any parking violations issued up to three years prior to the August 1, 2010 effective date of Chapter 309, Parking Violations Bureau is challenged, the collection would likely withstand scrutiny under existing case law; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the. public property, health and safety, and to provide for the usual daily operation of municipal department in that Chapter 309, Parking Violations goes into effect on August 1, 2010. Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHYO: Section 1. That Chapter 309, Parking Violations Bureau, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 309.01. Definitions The following words and phrases, when used in this Chapter of the Traffic Code, shall have the meanings respectively ascribed to them by this Section.