22-02 Amend 525.03 Impersonating a Peace Officer

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ORDINANCES CMTE 2/19/02. PLACEDON2~OREADrNG3/4/02~ ORDINANCE NO. 22-02 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skindell. AN ORDINANCE to amend section 525.03, Impersonation of a Peace Officer or Private Policeman, of the Codified Ordinances of the City of Lakewood for the purpose. of including police officers employed by the regional transit ~uthority and special police officers employed by a port authority, to make this section gender neutral and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE 1T ORDAINED BY THE C1TY OF LAKEWOOD, STATE OF OHIO Section 1. That section 525.03, Impersonation of a Peace Officer or Private Policeman, of the Codified Ordinances of the City of Lakewood currently reading as follows: 525.03 IMPERSONATION OF PEACE OFFICER OR PRIVATE POLICEMAN. (a) As used in this section: (1) "Peace officer" means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporaUon, or township constable, who is employed by a political subdivision of this State, a member of a police force employed· by a metropolitan housing authority under Ohio R.C. , 3735.31(D), a State university law enforcement officer appointed under Ohio R.C. 3345.04, an Ohio Veterans' Home Policeman appointed'under Ohio R.C. 5907.02, or a State Highway Patrol trooper, and whose primary duties are to preserve the' peace, to protect life and property, and to enforce the laws, ordinances or rules of the State or any of its political subdivisions. " (2) "Privatepoliceman" means any security guard, special policeman, private detective or other person who is privately employed in a p,.olice capacity. (3) 'Impersonate" means to act the part of, assume the identity of, wear the uniform or any part of the uniform of or display the identificaUon of a particular person or of a member of a class of . persons with purpose to make another person believe that the actor is that .particular person or is a m~mber of that class of persons. (b) No person shall impersonate a peace officer or a private p, oliceman. ·., (c) 'No person, by impersonating a peace officer or a private policeman, shall arrest or detain any person, search any person or Search the property of any person. · (d) No person, with purpose t° commit or facilitate the commission of an offense, shall impersonate a peace officer, a private policeman 'or an officer, agent Or employee of the State or the Municipality. ,; - (e) It is an affirmative defense to a charge under subsection (b) hereof that the impersonation of the peace officer was for a lawful purpose. (0 Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsections (c) or (d) hereof is guilty of a misdemeanor of the first degree, provided that the purpos~ of a violation of subsection (d) hereof is not to commit or facilitate the com.m ssion of a felony. shall be and is hereby amended to read as follows: