50-12 Amend 301.17 and 301.45 Traffic Definitions

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Placed on first reading 10/15/2012, second reading 11/5/2012; recommended for adoption on third reading by the Public Safety Committee 11/5/2012; please substitute for the original. ORDINANCE NO. 50-12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, enacting Section 301.301, Beacon; Hybrid Beacon; enacting Section 301.161, Highway Traffic Signal; amending Section 301.17, Intersection; enacting Section 301.181, Median; amending Section 301.26, Private road or driveway; and amending Section 301.45, Traffic; of the Codified Ordinances of the City of Lakewood for the purpose of complying with newly en- acted state code defining terms contained in the traffic laws of the City of Lakewood. WHEREAS, the following definitions have either been enacted or amended recently by the State of Ohio traffic code; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits munic- ipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 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 departments in that the City wishes to close any window of time between the effective date of the state code change and the effective date of the local code change; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: SECTION 1. Section 301.031, Beacon; Hybrid Beacon, shall be and is hereby enacted to read as follows: 301.031 BEACON; HYBRID BEACON. (a) "Beacon" means a highway traffic signal with one or more signal sections that operate in a flashing mode. (ORC 4511.01(KKK)) (b) "Hybrid beacon" means a type of beacon that is intentionally placed in a dark mode between periods of operation where no indications are displayed and, when in operation, displays both steady and flashing traffic control signal indica- tions. (ORC 4511.01(LLL))