37-74 Amend 541.05 (a) General - unattended vehicles on others property

Home Browse Search

ORDINANCE NO. 37-74 BY: Messrs. McBride, Sinagra, Usher, Brockman, Chinnock, Graber, Magnotto AN EMERGENCY ORDINANCE to amend Paragraph (a) of Section 541.05 of the General Offenses Code of the Codified Ordinances of the City of Lakewood to provide for the prohibition of leaving unattended motor vehicles on tbe property of others. WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public peace and safety 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 Paragraph (a) of Section 541.05 of the General Offenses Code of the Codified Ordinances of the City of Lakewood now reading as follows: 541.05 CRIMINAL TRESPASS (a) No person, without privilege to do so, shall do any of the following: (1) Knowingly enter or remain on the land or premises of another; (2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard. (3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calcu- lated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; (4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either. (5) Enter or be upon a motor vehicle which is the property of another be and the same is hereby amended to read as follows: 541.05 CRIMINAL TRESPASS (a) No person, without privilege to do so, shall do any of the following: (1) Knowingly enter or remain on the land or premises of another; (2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows he is in violation of any such restriction or is reckless in that regard. (3) Recklessly enter or remain on the land or premises of ~nother, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calcu- lated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; (4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or occupant, or the agent or servant of either. (5) Enter or be upon a motor vehicle which is the property of another. (6) Negligently leave an unoccupied motor vehicle on the land or premises of another without the consent and knowledge of the owner or occupant of said premises, or his agent or servant. If any motor vehicle is found upon the land or premises of another in violation of this section and the identify of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima-facie responsible for such violation°