07-74 Enact several new sections in Traffic Code

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ORDINANCE NO. 7-74 " BY: Messrs. McBride, Sinagra,...~Usher, Brockman, Ch~nnock, Graber, Magnotto AN EMERGENCY ORDINANCE to enact new Se'c~tt'ons 303.98,~ 303'~99, 331~.~9, 333.99, 339.01, 339.02, 339.03, 339.99, 351.99, 355.99 and 373.99 of the Traffic Code of the Codified Ordinances of the City of Lakewood. WHEREAS, included in amended House Bill 511, effective January 1, 1974, was the classification of misdemeanors, and WHEREAS, the Codified Ordinances of the City of Lakewood should be adopted and enacted to conform to State law at the earliest possible time, and " WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, 'BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That Section 303.98 of the Traffic Code of the Codified Ordinances of the City of Lakewood be and the same is hereby enacted to read' as follows: SECTION 303.98 PENALTIES Whoever is convicted of, or pleads guilty to any violation of the provisions of this Traffic Code shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the Court as provided in this Section. Classifibation of Misdemeanor First degree Second degree Thlrd degree Fourth degree Minor Maximum Term Maximum of Impri ?~,nment Fine 6 months ~1000.00 90 days 750. O0 60 days 500.00 30 days 250.00 No imprisonment ° 100.00 Section 2. That Section 303.99 of the Traffic Code of the Codified Ordinances of the City of Lakewood be and the same is hereby enacted to read as follows: SECTION 303.99 TRAFFIC CODE OFFENSE - GENERAL MISDEMEANOR CLASSIFICATION Whoever violates any of the provisions of this Traffic Code for which another penalty is not provided shall, for a first offense, be guilty of a minor misdemeanor; for a second offense within one year after the first offense, such person shall be guilty of a misdemeanor of the fourth degree; and for a third and each subsequent offense within one year after the first offense such person shall be guilty of a mis- demeanor of the third degree. When any person is found guilty of a first offense for a violation of Section 331.05 of the Traffic Code, upon finding that he operated a motor vehicle faster than 35 miles per hour in a business district of the City of Lakewood or faster than 50 miles per hour in other portions, or faster than 35 miles per hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, or faster than 15 miles per hour in an alley, such person shall be guilty of a misdemeanor of the fourth degree.