29-02 Amend 529.07 Open Container

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PLACED ON 1ST .READING & REFERRED TO THE RULES & OR!~IN~QES C.M~E 2J~./02. PLACED ON 2ND READING 3/4/02. ORDINANCE NO, 29-02 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Sk±ndell. AN ORDINANCE to amend section 529.07, Open Container Prohibited, of the Codified Ordinances of the City of Lakewood to include additional exceptions for persons riding as guests or passengers in the rear compartment of a chauffeured limousine 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 529.07, Open Container Prohibited, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 529.07 OPEN CONTAINER PROHIBITED. (a) As used in this section, "street," "highway" and "motor vehicle" have the same meanings as in Chapter 301 of the Traffic Code a6d in Ohio R.C. 4511.01. (b) No person shall have in his or her possession an opened container of beer or intoxicating liquor in any of the following places or under any of the following circumstances: /21/ In a State liquor store; On the premises of the holder of any permit issued by the Ohio Department of Liquor Control; /34/ In any other public place; While operabng or being a passenger in or on a motor vehicle on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking, (5) While being in or on a stationary motor vehicle on any street, highway or other public or private property open to the public for purposes of vehicular travel or parking. (c) This section does not apply to beer or intoxicating liquor which has been lawfully purchased for consumption on the premises where bought of an A-l-A, A-2, D- 1, D-2, D-3, D-3a, D-~, D-4a, D-5, D-5a, D-Sb, D-Sc, D-Se, D-Sf, D-Sg, D-Sh, D-Si, D7, E, F or F-2 permit, or to beer or intoxlcaUng liquor consumed on the premises of a convention facility as provided in Ohio R.C. 4303.201. (d) Whoever violates this section is guilty of a minor misdemeanor. shall be and is hereby amended to read as follows: 529.07 OPEN CONTAINER PROHIBITED. (a) As used in this section: (1) "Chauffeured limousine" means a vehicle registered under Ohio R.C. 453.24. (2) "street," "highway" and "motor vehicle" have the same meanings as in Chapter 301 of the Traffic Code and in Ohio R.C. 4511.01. (b) No person shall have in his or her possession an opened container of beer or intoxicating liquor In any of the following places or under any of the following circumstances: 1711 In a State liquor store; Except as provided in subsection (c) hereof, on the premises of the holder of any permit Issued by the Ohio Department of Liquor Control;