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minps 03-28-22
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minps 03-28-22
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5/19/2022 11:46:02 AM
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5/19/2022 11:45:59 AM
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Office Of Council
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Public Safety
Date
3/28/2022
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Prosecutor Miranda explained that in April 2021, the Statehouse passed HB 140 to redefine <br /> weapons to exclude knives, razors, and other cutting instruments, unless these items were being <br /> carried, indicated, or used as weapons. Accordingly, this requires the City to repeal Section <br /> 549.19 which specifically prohibits pocket knives. <br /> In response to a question, she clarified that a pocket knife used as weapon can be charged under <br /> the local concealed carry weapon ordinance. <br /> Ms. Miranda discussed an example whereby a person is stopped for a traffic offense and a pocket <br /> knife is identified during a pat-down. In this case, the knife is not being used as a weapon but is <br /> still illegal under the current code. <br /> She further explained that the Law Department has discretion in every case and will always base <br /> decisions on whether or not to prosecute on fairness to the defendant. <br /> A motion was made and seconded to recommend Ord. 14-2022 for adoption. All members voted <br /> in favor. Motion passed. Ord. 14-2022 recommended for adoption. <br /> ORDINANCE 15-2022 -AN ORDINANCE to take effect immediately provided it <br /> receives the affirmative vote of at least five(5) members of Council, or otherwise to <br /> take effect and be in force after the earliest period allowed by law, amending Section <br /> 335.01, Driver's or Commercial Driver's License Required, of the Codified <br /> Ordinances of the City of Lakewood in order update the penalties for violation of <br /> this provision to match those established in the Ohio Revised Code. <br /> Prosecutor Miranda explained that the legislation pertains to the requirement to have a driver's <br /> license. LCO currently penalizes a person driving without a license with a 1st degree <br /> misdemeanor. Ord. 15-2022 amends the Code to comport with Ohio Revised Code and changes <br /> the penalty of a first offense to an unclassified misdemeanor. Misdemeanor 1 would now be the <br /> penalty for a subsequent offense. <br /> A motion was made and seconded to recommend Ord. 15-2022 for adoption. All members voted <br /> in favor. Motion passed. Ord. 15-2022 recommended for adoption. <br /> 4 <br />
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