26-02 Amend 525.12 Dereliction of Duty

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PLACED ON 1ST READING & REFERRED TO THE RULES & ORDINANCES CMTE. 2J~9J02, PLACED ON 2ND READING 3/4/02. ORDINANCE NO. 26-02 Corrigan, Dumn, FitzGerald, George, Roth, Seelie, Skindell. AN ORDINANCE to amend section 525.12, Dereliction of Duty, of the Codified Ordinances of the City of Lakewood for the purpose of defining public servant and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance Is necessary for the public health, welfare and safety. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That section 525.12, Dereliction of Duty, of the Codified Ordinances of the City of Lakewood currently reading as follows: 525.12 DERELICTION OF DUTY. (a) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant wIthout delay; (2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in his power to do so alone or with available assistance. (b) No law enforcement, ministerial or Judicial officer shall negligently fail to perform a lawful duty in a cdminal case or proceeding. ' (c) No officer, having charge of a detention facility, shall negligently do any of the following: /71/ _AIl.o.w. the detention facility to become littered.or unsanitary; ~a? co. pr, ovioe persons connned in the detention facility with ao _equate rood, clothing, bedding, shelter and medical attention; (3) Fail [.o .c.ontrol.an unruly pr!soner, or to prevent intimidation of or pnymca~ narm to a pdsoner by another; l~/ _Allow a pr.isoner to escape; ~ail to observe any lawful and reasonable regulation for the management of the detention facility. (d) No public' official of the Municipality shall recklessly create a deficiency, incur a liability or expend a greater sum than is appropriated by the legislative authority of the Municipality for the use in any one year of t~he department, agency or institution with which the public official is connected. (e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to his office, or recklessly do any act expresSly forbidden by law with respect to his office. (f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree. shall be and is hereby amended to read as follows: 525.12 DERELICT[ON OF DUTY. (g) A~ used in this se~on, "public servant" indudes an officer or employee of a contractor as defined in Ohio R.¢. g.08.