05-74 Approve, adopt & enact new General Offenses Code

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ORDINANCENO. 5-74 'BY: Messrs Graber Magnotto, McBr%de Sinagra, Usher, Bc~k~an, Chinnock AN EMERGENCY ORDINANCE to approve, adopt and enact a new General Offenses Code of .t~h~,~$~.~f Lakewood; to repeal ordinances in conflict therewith; and ~to publich the enactment of new matter. WHEREAS, the Department of Law of the citY 0f Lake~-has had the mat~er recodification and general revision of the General Offenses Code before it for some time, and WHEREAS, Council has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such recodification, and WHEREAS, the recodification of the General Offenses Code, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council, and WHEREAS, this ordinance constitutes an~emergency measure necessary for the preservation of the public peace, health, welfare and safety for the reason that there exists an imperative necessity for the adoption of a new General Offenses Code the provisions of which are not in conflict with the new State criminal code which became effective January 1, 1974, as required by Article XVIII, Section 3 of the Ohio Constitution; now, therefore, BE IT ORDAINED BY %~HE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the General Offenses Code of Lakewood as revised, recodified, rearranged and consolidated into. chapters and sections is hereby approved, adopted and enacted as the General Offenses Code of the City of Lakewood, Ohio, 1974. One book-form copy of the General'Offenses Code shall be certified as correct by the Mayor and the Clerk of Council, attached to this ordinance as a part hereof, and filed with the permanent ordinance records of the City of Lakewood. Section 2. That the provisions of this ordinance, including all provisions of the General Offenses Code, shall be in full force and effect from and immed- iately after passage of this ordinance and its approval by the Mayor. Ail ordinances and resolutions or parts thereof enacted prior hereto, which are inconsistent with any provision of the new General Offenses Code are hereby repealed as of the effective date of this ordinance, except as follows: The enactment of the new General Offenses Code shall not be'construed to affect a.right or liability acCrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revising the General Offenses Code. Section 3. Pursuant to City Charter Article III,~Section 14, and Section 107.12 of the Codified Ordinances, the Clerk of Council shall post a copy of this adopting ordinance along with copies of the General Offenses Code for a period of not less than fifteen days, in the five public posting places specified in Section 107.01 of the Codified Ordinances. All sections of the General Offenses Code ~&thout a history at the end thereof indicate that the section contains new matter ordained by this adopting ordinance Section 4. That this ordinance'is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and~p~ided it y~ce~ves the affirmative vote of two-thirds of all members el~dted~to Co~nc~ ~d i~ approved by the Mayor, it shall take effect and be in for~e i_mm~dia~e~,y~ / // /1