15-02 Amend 509.05 Misconduct at an Emergency

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PLACED ON iST READING & REFERRED TO THE RULES & 0RD~L~C~6~ ~ 9~0A~2j~NG 3/4/02. ORDINANCE NO. 15-o2 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Sktndell. AN ORDINANCE to amend section 509.05, Misconduct at an Emergency, of the Codified Ordinances of the City of Lakewood for the purpose of making this section gender neutral, escalating the penalty where the violation creates a substantial risk of physical harm, defining emergency medical services person and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare a nd safety. Now therefore, BE TI' ORDAINED BY THE CTPt' OF LAKEWOOD, STATE OF OHIO Section 1. That section 509.05, Misconduct at an Emergency, of the Codified Ordinances of the City of Lakewood currently reading as follows: 509.05 MISCONDUCT AT AN EMERGENCY. (a) No person shall knowingly: (:[) Hamper the lawful operations of any law enforcement officer, fireman, rescuer, medical person or other authorized person, engaged in his duties at the scene of a fire, accident, disaster, riot or emergency of any kind. (2) Fail to obey the lawful order of any law enforcement officer engaged in his duties at the scene of or in connection with a fire, accident, disaster, riot or emergency of any kind. (b) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of his duties. (c) Whoever violates this section is guilty of misconduct at an emergency, a minor misdemeanor. If violation of this section creates a risk of physical harm to persons or property, misconduct at an emergency is a misdemeanor of the fourth degree. shall be and is hereby amended to read as follows: 509.05 MISCONDUCT AT AN EMERGENCY. (a) No. person shall knowingly do any of the following:.' (1) Hamper the lawful operaUons of any law enforcement officer, firefighter, rescuer, medical person, emergency medical ,s_ervices persen, or other authorized person, engaged in the person s duties at the scene of a fire, accident, disaster, riot or emergency of any ~ kind. (2) Fail to obey the lawful order of any law enforcement officer engaged in the law enforcement officer's duties at the scene of or in connection with a fire, accident, disaster, riot or emergency of any kind. (b) Nothing in this section 'shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative's duties. (c) Whoever violates this section is guilty of misconduct at an emergency. Except as otherwise provided in this subsection, misconduct at an emergency is a minor misdemeanor. If violation of this section creates a risk of.physical harm to persons or property, misconduct at an emergency is a misdemeanor of the first degree.