42-11 Amend 331.37 Driving Upon Sidewalk, Tree Lawns & Curbs

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ORDINANCE NO. %42-11 By; Anderson, Bullock, Juris, Madigan, Nowlin~,PaZaers, Smith. AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five (5) members of Council or otherwise, it shall take effect and be in force after the earliest period allowed by law, to amend Section 331.37, Driving Upon Sidewalks, Street Lawns or Curb's, of the Codified Ordinances of the City of Lakewood for the purpose of changing the term "street lawn" to "tree lawn" so that it remains consistent with the rest of the Code. WHEREAS, in 2010 the Traffic Code was completely updated and the term "street lawn" was changed to "tree lawn" as the result of a typographical error; and WHERAS, this Council by a vote of at least five (5) of its members 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, SECTIONS 10 & 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 this typographical error should be corrected immediately. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 331.37, DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS, of the Lakewood Codified Ordinances, currently reading as follows: 331.37 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS. (a) No person shall drive any vehicle, other than a bicycle, upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway (b) No person shall drive a vehicle on a street lawn area or the curb of a street, except upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized. (c) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one yeaz of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. shall be and is hereby amended to read as follows: 331.37 DRIVING UPON SIDEWALKS, S3'R-1sT~T TREE LAWNS OR CURBS.