11-02 Amend 501.04 Rules of Construction

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.~R~.Qo~Z?. PULES & ORDINANCES CMTE2/19/02 , PLACED ON 2ND READING 3/4/02. ORDINANCE NO. 11-02 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelte, Skindell. AN ORDINANCE to amend section 501.04, Rules of Construction, of the Codified Ordinances of the City of Lakewood for the purpose of including a general provision that construes a reference to a prior conviction in the Codified Ordinances to also apply to any substantially equivalent offense and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE Ti' ORDA/NED BY THE Cl-I'Y OF LAKEWOOD, STATE OF OHIO Section 1. That section 501.04, Rules of Construction, of the Codified Ordinances of the City of Lakewood currently reading as follows: 501.04 RULES OF CONSTRUCT[ON. (a) Sections of the Codified Ordinances definingoffenses or penalties shall be strictly construed against the Municipality and liberally construed in favor of the accused. (b) Rules of criminal procedure and sections of the Ohio Revised Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy and sure administration of justice. shall be and is hereby amended to read as follows: 501.04 RULES OF CONSTRUCT[ON. (a) Sections of the Codified Ordinances defining offenses or penalties shall be strictly construed against the Municipality and liberally construed in favor of the accused. (b) Rules of criminal procedure and sections of the Ohio Revised Code providing for criminal procedure shall be construed so as to effect the fair, impartial, speedy and sure administration of justice. (c) Any Provision of a section of the Codified Ordinances that refers to a previous conviction of or a plea of guilty to a violation of a section of the Codified Ordinances or Ohio .Revised Code shall be construed to also refer to a previous conviction of or a plea of guilty to. a substantially equivalent offense under an existing - o¥ former law of this State, another state, or the united States or under an existing or former munidpal ordinance. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open lneeting of this Council, and that.all such deliberation of the Council and of any of its