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PLACED ON 1ST READING & REFERRED TO THE
<br />RULES & ORDINANCES COMMITTEE 2/6/12.
<br />PLACED ON 2ND READING 2/21/12.
<br />ORDINANCE NO, t~'-12 BY: Anderson, Bullock, Juris, Madigan,
<br />Nowlin, Powers, Smith.
<br />AN ORDINANCE to take effect immediately provided it receives the affirmative vote of
<br />at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by
<br />law, amending Sections 517.05, Cheating, 525.02, Falsification, 541.02, Arson, 545.05, Petry
<br />Theft, 545.07, Insurance Fraud, 545.09, Passing Bad Checks, 545.10, Misuse of Credit Cards,
<br />545.14, Tampering with Records, 545.15, Securing Writings by Deception, 545.18, Receiving
<br />Stolen Property, 545.20, Criminal Simulation, and 545.21, Taking the Identity of Another, of the
<br />Codified Ordinances of the City of Lakewood for the purpose of complying with newly enacted
<br />state code affecting the classification of misdemeanor theft-related offenses and providing addi-
<br />tional protections to victims of receiving stolen property.
<br />WHEREAS, 129 H.B. 86, effective September 30, 2011, raised the minimum threshold
<br />for felony theft-related offenses, including the offenses identified in the title of this ordinance,
<br />under the Ohio Revised Code to one thousand dollars ($1,000); and
<br />WHEREAS, theft-related offenses not rising to the level of felonies are misdemeanors
<br />prosecuted by the City; and
<br />WHEREAS, the sections of the Lakewood Codified Ordinances defining offenses or pen-
<br />alties must be strictly construed against the City and liberally construed in favor of the accused,
<br />warranting the City's strict adherence to the state code's classification of offenses; and
<br />WHEREAS, the changes in 129 H.B. 86 would render the above-captioned sections in-
<br />consistent with the Ohio Revised Code which change the dollar amount at which a crime be-
<br />comes afelony, and thus are required to be changed; and
<br />WHEREAS, Section 545.18 of the Codified Ordinances stands to be clarified in order to
<br />permit victim status to be conferred upon bona fide purchasers for value when they purchase sto-
<br />lenproperty in an arm's-length transaction and yet have that property lawfully confiscated by the
<br />Lakewood Police; and
<br />WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits mu-
<br />nicipalities to exercise all powers of local self-govermnent and to adopt and enforce within their
<br />limits such as local police, sanitary and other regulations as axe not in conflict with general laws;
<br />and
<br />WHEREAS, this Council by a vote of at least five (5) of its members determines that this
<br />ordinance is an emergency measure and that it shall take effect at the earliest date possible as set
<br />forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood
<br />
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