39-02 Amend 537.10 Telephone Harassment

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Please Substitute for Ordinance No. 39-02 (Placed. on :t'~ Reading and Referred to the Rules & Ordinances Committee 2/:~9/02, Placed on 2"e Reading 3/4/02.) ORDINANCE NO. 39-02 BY: Corrigan, Dunn, FitzGerald, George, Roth, Seelie, Skfndell. AN ORDINANCE to amend section 537.10, Telephone Harassment, of the Codified Ordinances of the City of Lakewood for the purl:x:E~ of expanding the crime to include any telecommunication and to remain consist~.nt ~ the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now therefore, BE Ti' ORDAINED BY THE CTI'Y OF LAKEWOOD, STATE OF OHIO Section 1. That section 537.10, Telephone Hara~-~ent, of the Codified Ordinances of the City of Lakewood currently reading as follows: 537.10 TELEPHONE HARASSMENT. (a) No person shall knowingly make or cause to be made a telephone call, or knowingly permit a telephone call to be made from a telephone under his control, to another if the caller does any of the following: (1) Fails to Identify himself to the recipient of the telephone call and makes the telephone call with purpose .ti) harass, abuse or annoy any person at the premises to which the ~aephone call is made, whether or not ci~nversatlon takes place during the telephone call; (2) Describes, suggests, requests or proposes that the caller, recipient of the telephone calJ or any other person engage in any sexual activity as defined in Section 533.0:L, and the recipient of the telephone call, or another person at the premises to which the telephone call Is made, has requested, in a previous telephone call or in the Immediate t~Jephone call, the caller not to make a telephone call to the recipient of the telephone call or to the premises to which the telephone call is made; (3) During the telephone call, violates Section 537.05; (4) Knowingly states to the redpient of the t~Jephone call that he intends to cause damage to or destroy public or private property, and the recipient of the telephone call, any member of the family Of the recipient Of the telephone call or any other person who resides at the premises to which the telephone call is made owns, leases, resides or works in, will at the time of the destruction or damaging be 'near or in, has the responsibility of pffotectlng or insures the property that will be destroyed or damaged; (5) Knowingly makes the telephone call to the recipient of the telephone call, to another person at the premises to which the telephone call is made or to the premises to which the telephone call is made, and the recipient of the telephone call, or another person at the premises to which the telephone Call is made, has previously told the caller not to call the premises to which the telephone call Is made or not to call any persons at the premises to which the telephone call is made. (b) No person shall make or cause to be made a telephone call or permit a telephone call to be made from a telephone under his control, with purpose to abuse, threal~n, annoy or harass another person. (c) Whoever violates this section Is guilty of telephone harassment, a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section or Ohio I~C. 29~.7.2~.. shall be and is hereby amended to read as follows: