51-11 Modilfy 505.18 to eliminate "other reasons" for granting exemptions

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Placed on first reading and re- ferred to Committee of the Whole 11/21/11, second reading 12/5/11. Recommended for adoption 1/3/12. Please substitute for the original. ORDINANCE NO. 51-11 BY: Anderson, Madigan, Nowlin Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affumative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, modifying Section 505.18 of the Lakewood Codified Ordinances to eliminate other reasons from those reasons permitting the Director of Public Safety to grant spe- cific exemptions to the prohibition on certain animals in the City. WHEREAS, Section 505.18 prohibits certain animals in the City but gives the Director of Public Safety the ability to grant exemptions for "legitimate scientific, educational, commercial or other" purposes; and WHEREAS, it is in the City's best interest to clarify that exemptions should be granted for legitimate scientific, educational and commercial purposes only; and WHEREAS, all powers of Council may be exercised by ordinance or resolution, so long as they are not prohibited by the Second Amended Charter; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this or- dinance is an emergency measure; that it shall take effect immediately, the effective date of the charter amendment, as set forth in Article III, Sections 10 and 13 of the Second Amended Char- ter of the City of Lakewood; and that it is necessary in order to immediately provide for the peace and order of municipal operations by ending a costly and time-consuming practice; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 505.18 of the Lakewood Codified Ordinances, currently reading as follows: 505.18 CERTAIN ANl MATS PROIIIBITED. (a) No person shall knowingly keep, maintain or have in his possession or un- derhis control within the City any dangerous or carnivorous wild animal or reptile, any vicious domesticated animal, or any other animal or reptile, with vicious or dangerous propensities, except to the extent that an exemp- tionmay beapplicable pursuant to subsections (c) or (d) hereof.