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Placed on first reading & referred
<br />to Housing 6/3/19; second reading
<br />6/17/19
<br />Anderson, Bullock, George, Litton,
<br />ORDINANCE NO. 19 -19 BY:
<br />O'Leary, O'Malley, Rader
<br />AN ORDINANCE amending Section 541.04, Criminal Mischief, of the Codified Ordi-
<br />nances of the City of Lakewood to include residential light nuisances.
<br />WHEREAS, it is necessary to amend Section 541.04 of the Code in order to ensure Lake-
<br />wood residents' peaceful enjoyment of their own property; and
<br />WHEREAS, this Council has determined that the amendment of Section 541.04 is a matter
<br />of local self - government and /or a matter of local police powers; and
<br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code,
<br />municipalities have the power of local self - government; and
<br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code,
<br />municipalities have the power to enact laws that are for the health, safety, welfare, comfort and
<br />peace of the citizens of the municipality; now, therefore
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:
<br />Section 1. Section 541.04, Criminal Mischief, of the Codified Ordinances of the City of
<br />Lakewood, currently reading as follows:
<br />541.04 CRIMINAL MISCHIEF.
<br />(a) No person shall:
<br />(1) Without privilege to do so, knowingly move, deface, damage, de-
<br />stroy or otherwise improperly tamper with the property of another;
<br />(2) With purpose to interfere with the use or enjoyment of property of an-
<br />other, employ a tear gas device, stink bomb, smoke generator or other device re-
<br />leasing a substance which is harmful or offensive to persons exposed, or which
<br />tends to cause public alarm;
<br />(3) Without privilege to do so, knowingly move, deface, damage, destroy or
<br />otherwise improperly tamper with a bench mark, triangulation station, boundary
<br />marker or other survey station, monument or marker;
<br />(4) Without privilege to do so, knowingly move, deface, damage, destroy or
<br />otherwise improperly tamper with any safety device, the property of another, or
<br />the property of the offender when required or placed for the safety of others, so as
<br />to destroy or diminish its effectiveness or availability for its intended purpose;
<br />(5) With purpose to interfere with the use or enjoyment of the property of
<br />another, set a fire on the land of another or place personal property that has been
<br />set on fire on the land of another, which fire or personal property is outside and
<br />apart from any building, other structure or personal property that is on that land.
<br />(b) As used in this section, "safety device" means any fire extinguisher, fire
<br />hose or fire axe, or any fire escape, emergency exit or emergency escape equip-
<br />ment, or any life line, life- saving ring, life preserver or life boat or raft, or any
<br />alarm, light, flare, signal, sign or notice intended to warn of danger or emergency,
<br />or intended for other safety purposes, or any guard railing or safety barricade, or
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