110-84 Require certain inmates to reimburse City for expenses

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ORDINANCE NO. 110-84 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to require certain inmates confined to prisom.~ station house, workhouse or county jail, to reimburse the City for its expenses incurred as a result of said confinement. WHEREAS, the Ohio General Assembly has enacted Amended Substitute House Bill 363 which became effective September 26, 1984, and WHEREAS, said House Bill authorizes this Council, the legislative authority of the City of Lakewood, to require any person who was convicted of an offense other than a minor misdemeanor, to reimburse the City for the expenses incurred by the City of Lakewood by reason of such confinement, including but not limited to expenses relating to the provision of food, clOthing and shelter, and WHEREAS, pursuant to the provisions of said House Bill, reimbursement may be required if confinement is in a workhouse, prison, station house, or county jail, and WHEREAS, this Council may authorize the Director of Law to institute an ap- propriate civil action to recover the expenses incurred by the City as a result of confinement, and WHEREAS, this ordinance constitutes an emergency measure providing for 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. Any person convicted of an offense other than a minor mis- demeanor and who is thereafter confined in a workhouse, prison, station house, or county jail shall reimburse the City of Lakewood for its expenses incurred by reason of said confinement including but not limited to the expenses relating to the provision of food, clothing and shelter. The amount of reimbursement shall be determined by a court of competent jurisdiction in an amount and in the manner as provided by law. Section 2. The Director of Law is hereby authorized to institute an appro- priate civil action in the name of the City in a court of competent jurisdiction to recover from the convict the reimbursement for the expenses of his confine- ment in a workhouse, prison, station house or county jail as may be determined by the court in the manner provided by law. Section 3. All amounts recovered for reimbursement of expenses of confine- ment shall be paid into the General Fund of the City. Section 4. It is found and determined that all formal actions of this Coun- cil concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action, were in meet- ings open to the public, in compliance with all legal requirements including Sec- tion 121.22 of the Ohio Revised Code. Section 5. That this ordinance is hereby declared to be an emergency mea- sure for the reasons stated in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; other-[- wise it shall take effect and be in force after the earliest period allowed by / 1 aw. Adopted: PRESIDENT [:EERK