49-76 New Chpt 513 General - Drug abuse control

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ORDINANCE NO. 49-76 BY: Messrs. Brockman, Magnotto, McBride, Sinagra, Usher AN EMERGENCY ORDINANCE to enact a new Chapter 513 of the General Offenses Code of the Codified Ordinances of the City of Lakewood relating to Drug Abuse Control and repealing existing Chapter 513 of said General Offenses Code. WHEREAS, Am. Sub. House Bill 300 was adopted by the State Legislature on July 30, 1975, which bill completely revised and re-enacted new State Laws relating to drug control, which new laws became effective July 1, 1976, and Wt~REAS, this Council is desirous of adopting a new Chapter 513 of the General Offenses Code of the Codified Ordinances of the City of Lakewood so that the provisions of the City Ordinances will be in conformity with the new revised State Drug Abuse Control Laws, and WHBREAS, 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 a new Chapter 513 of the General Offenses Code ~of the Codified Ordinances of the City of Lakewood entitled. Drug Abuse Control shall be and the same is hereby approved, adopted and enacted as Chapter 513 of the Codified Ordinances of the City of Lakewood. One book-form copy of Chapter 513 of the Codified Ordinances of the City of Lakewood 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 this Ordinance is hereby declared to be an emergency measure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor and existing Chapter 513 of the General Offenses Code of the Codified Ordinances of the City of Lakewood adopted January 7, 1974 shall be and the same is hereby repealed. Any person charged with an offense committed prior to the effective date of the within Ordinance that is an offense under this Chapter or Am. Sub. House Bill 300 shall be prosecuted under the law as it existed at the time the offense was committed, but shall be sentenced according 'to the lesser penalties of this Chapter or House Bill 300. Persons charged for an offense under the prior existing law that would not be an offense under this Chapter or House Bill 300 shall have the charge dism~ssed and his records expunged of all information concerning that offense./' / Clerk ~ ' Mayor