136-02 Amend 303.99 Traffic Code Misdemeanor

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Please Sub~tute for Ordinance No. 136-02. (Placed on 1~ Reading and Referred to the Rules ~ Ordinances Commi[tee & Law Department g/3/02, Placed on 2nd Reading 9/16/02.) ORDINANCE NO. 136-02 BY: Corrigan, Dun=, FitzGerald, George, Seelte, Skindell% AN ORDINANCE to amend Section 303.99, Traffic Code Misdemeanor Classifications and Penalties, of the Codified Ordinances of the City of.Lakewood for the purpose of creating enhanced penalties for b'affic code violations that occur within construction zones and for driving in excess of twenty (20) miles per hour over the speed limit in other areas. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE IT ORDAZNED BY THE CTI'Y OF LAKEWOOD, STATE OF OHIO SectiOn 1. That Section' 303.99, Traffic Code Misdemeanor Classifications and Penalties, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 303.99 TRAFFIC CODE MISDEMEANOR CLASSIFICATIONS AND PENAL/IES. (a) Misdemeanor Classifications. (1) General classification. Whoever violates any provision of this Traffic Code, for which Violation no penalty is otherwise provided, isguilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree. When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that he operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty miles an hour in other portions, or faster than thirty-five miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree. (2) Willfully fleeinq a police officer.. (EDITOR'S NOTE! Paragraph (a) (2) was repealed as part of the ].991 updating and revision of these Codified Ordinances. See Section 525.095 of these Codified Ordinances.) (3) Willfully leavina vehicles. Whoever violates Section 303.09 is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by the Municipality in disposing of the veh. icle, less any money accruing to the Municipality from such disposal. . . (4) DriVinq or physical control while intoxicated. Whoever violates Section 333.01(a) through (d) shall be subject to the penalty provided in Section 333.01(f) through (h). (5) . Draa racina. Whoever violates Section 333.07 is guilty of a misdemeanor of the first degree. (6) Ucensinq, A. Except as provided in paragraph (a)(6)D. hereof, whoever. violates any provision of Sec'dons 335.01 t9. 335.04 ana 335.06 is guilty of a misdemeanor of the first degree. B. Whoever violates Section 335.08 is guilty of a misdemeanor of the second degree. C. Whoever violates Section 335.11(a) is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the third degree.