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Placed on first reading and referred to Public
<br />Safety Committee 2/4/2019; second reading
<br />2/19/2019. Please substitute for the original.
<br />ORDINANCE NO. BY:
<br />06-1939-18
<br />AN ORDINANCE to take effect immediately provided it receives the affirmative vote of
<br />at least two thirds of the members of Council, or otherwise to take effect and be in force after the
<br />earliest period allowed by law, repealing Section 549.051, Sale, Possession and use of Stun
<br />Guns, and amending various related provisions of Chapter 549, Weapons and Explosives, of the
<br />Codified Ordinances of the City of Lakewood as Section 549.051is no longer enforceable but
<br />stun guns stand nevertheless to be regulated.
<br />WHEREAS, the United States Supreme Court has recently held that stun guns are
<br />AS, the United States Supreme Court has recently held that stun guns are
<br />AS, the United States Supreme Court has recently held that stun guns are
<br />protected by the Second Amendment’s right to bear arms; and
<br />WHEREAS, local ordinances prohibiting the possession or use of such devices are
<br />t
<br />AS, local ordinances prohibiting the possession or use of such devices are AS, local ordinances prohibiting the possession or use of such devices are
<br />unenforceable, but such devices stand nevertheless to be regulated; and f
<br />unenforceable, but such devices stand nevertheless to be regulated; and unenforceable, but such devices stand nevertheless to be regulated; and
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<br />WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of
<br />AS, as set forth in Section 2.12 of the Third Amended Charter of the City of AS, as set forth in Section 2.12 of the Third Amended Charter of the City of
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<br />Lakewood, this Council by a vote of at least two thirds of its members determines that this
<br />Lakewood, this Council by a vote of at least two thirds of its members determines that this Lakewood, this Council by a vote of at least two thirds of its members determines that this
<br />
<br />Lakewood, this Council by a vote of at least two thirds of its members determines that this
<br />ordinance is an emergency measure and that it shall take effect immediately, and that it is
<br />ordinance is an emergency measure and that it shall take effect immediately, and that it is ordinance is an emergency measure and that it shall take effect immediately, and that it is
<br />ordinance is an emergency measure and that it shall take effect immediately, and that it is
<br />d
<br />necessary for the immediate preservation of the public property, health, and safety and to provide
<br />necessary for the immediate preservation of the punecessary for the immediate preservation of the public property, health, and safety and to provide blic property, health, and safety
<br />and to provide
<br />
<br />for the usual daily operation of municipal departments, in that these ordinances should be
<br />for the usual daily operation of municipal departments, in that these ordinances should be for the usual daily operation of municipal departments, in that these ordinances should be
<br />
<br />updated within the Codified Ordinances in order to keep them up to date; now, therefore,
<br />updated within the Codified Ordinances in order to keep them up to date; now, therefore, updated within the Codified Ordinances in order to keep them up to date; now, therefore,
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<br />BE IT ORDAINED BY THE CITYOF LAKEWOOD, OHIO:
<br />ORDAINED BY THE CITYORDAINED BY THE CITYOF LAKEWOOD, OHIO:OF LAKEWOOD, OHIO:n
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<br />Section 1. That Section 549.051, Sale, Possession and use of Stun Guns, of the Codified
<br />on 1. That Section 549.051, Sale, Possession and use of Stun Guns, of the Codified on 1. That Section 549.051, Sale, Possession and use of Stun Guns, of the Codified
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<br />Ordinances of the City of Lakewood, currently reading as follows:
<br />Ordinances of the City of Lakewood, currently reading as follows:Ordinances of the City of Lakewood, currently reading as follows:
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<br />549.051SALE, POSSESSION AND USE OF STUN GUNS.
<br />SASA
<br />549.051LE, POSSESSION AND USE OF STUN GUNS.LE, POSSESSION AND USE OF STUN GUNS.
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<br />(a)No person, firm or corporation shall, within the City, sell, offer for sale,
<br />No person, firm or corpoNo person, firm or corpo
<br />or have in his or its possession or custody, any stun gun.
<br />or have in his or its possession or custody, any stun gun.or have in his or its possession or custody, any stun gun.
<br />(b)As used in this section “stun gun” means any electronic instrument,
<br />As used in this section “stun gun” means any electronic instrument,
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<br />device or thing which produces, emits or discharges any current, plus, volt or
<br />device or thing which produces, emits or discharges any current, plus, volt or
<br />charge of electricity, regardless of voltage, amperage, or frequency, and which is
<br />designed or specifically adapted to stun, daze, traumatize, incapacitate or
<br />paralyze a human being.
<br />(c)This section does not apply to law enforcement officers acting within the
<br />scope of their duties.
<br />(d)Whoever violates this section is guilty of a misdemeanor of the first
<br />degree.
<br />is hereby repealed.
<br />Section 2. Section 549.01, Definitions, of the Codified Ordinances of the City of
<br />Lakewood, currently reading as follows:
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