109-78 Prohibit persons on Nicholson Ave. right-of-way

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ORDINANCE NO. 109-78 BY: Magnotto, McBride, Salmon, Wendling, Brockman, Brown, Chinnock AN ~I~RGENCYORDINANCE prohibiting persons to enter or remain on that portion of Nicholson Avenue right-of-way in the City of Lakewood situated at the northerly terminus of Nicholson Avenue abutting Lake Erie. WI{EREAS, that portion of the Ni~holson Avenue right-of-way (60 ft.) in the City situated at the northerly terminus of said right-of-way and which abuts Lake Erie is-hazardous and dangeroUs to those persons that would enter said area because of the close proximity and steepness of the bank of said property, and WItERFAS, this Council determines that. it is in the best interests of the safety and welfare of the general public that no persons should be permitted to enter or remain in said area for their own personal safety unless specifically authorized to do so, and WHEREAS, this ordinance constitutes an emergency measure providing for the i~nediate preservation of the public health, safety and welfare and for the further reason that the public should be prohibited from entering upon said area at the earliest possible time; now, therefore, OHIO: BE IT ORDAINED BY ~ COUNCIL OF THE CITY OF LAKEWOOD, STATE OF Section 1. No person shall enter or remain on the land owned by the City of Lakewood, bounded'and described as follows: The entire width of right-of-way of Nicho]son Avenue (60 ft. wide) beginning at a point located a distance of'24 ft. northerly from the centerline intersection of Cliff Drive ,and Nicholson Avenue and extending northerly to the shoreline of Lake Erie. Section 2. The prohibition provided in Section 1 hereof shall not apply to on-duty employees of the City of Lakewood nor to other persons as may be authorized to enter said area by the Mayor~ as ex-officio Director of Public'Works. Section 3. The Mayor, as ex-officio Director of Public Works, is hereby authorized and directed to erect appropriate s~gns giving notice of prohibition, as set forth in the within ordinance, at such places as shall be selected, and determined by the Mayor, as ex-officio Director of Public Works. Section 4. 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 2wo-thirds of all members elected to Council,. it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect at the earliest period allowed by law. Adopted:~~~~ /~/!~,Y~