58-06 537.10 Telecommunication Harassment

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(Substitute for prior 58-06) ORDINANCE NO· 58-06 BY. Antonio~ Butler~ Demro, Dever, FitzGerald, Madigan. AN ORDINANCE to amend Section 537.10, Telecommunication Harassment, of the Codified Ordinances of the City of Lakewood for the purpose of expanding the described crime to include any telecommunication and to remain consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public heaith, weifare and safety of the citizens of the City of Lakewood, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 537.10, Telecommunication Harassment, of the Codified Ordinances of the City of Lakewood currently reading as follows: 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device under his control, to another, if the caller/sender does any of the foilowing:(l) Fails to identify herself/himself to the recipient of the telecommunication and makes the telecommunication with purpose to haras5¡ or abuse, any person at the premises to which the telecommunication is made, whether or not actual communication takes place between the caller/sender and a recipient;(2) Describes, suggests! requests or proposes that the caller/sender! the recipient of the telecommunication, or any other person engage in any sexual activity, and the recipient, or another person at the premises to which the telecommunication is made has requested, in a previous telecommunication or in the immediate telecommunication, that the caller/sender not make i:i telecommunication to the recipient or to the premises to which the telecommunication is made; (3) During the telecommunication, violates Ohio R.C. 2903.21; (4) Knowingly states to the recipient of the telecommunication that the caller/sender intends to cause damage to or destroy public or private property, and the recipient, any member of the recipient's family, or any other person who resides at the premises to which the telecommunication call is made owns, leases,- resides, or work in, will at the time of the destruction or damaging be near or in, has the responsibility of protecting, or insures the property that will be destroyed or damaged; (5) Knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those, premises, and the recipient or another person at those premises previously has told the cailer/sender not to make a teiecommunication to those premises or to any person atthose premises. (b) No person shail make or cause to be made a telecommunication, or permit a telecommunication to be made from a telecommunications device under his control, with purpose to abuse, threaten, or harass another person. (c) Whoever violates this section is guilty of telephone harassment, a misdemeanor of the first degree, Ifthe offender has not previously been convicted of a violation of this section or Ohio R.C. 2917.21. shall be and hereby is amended as follows: 537.10 TELECOMMUNICATION HARASSMENT. (a) No person shall knowingly make or cause to be made a telecommunication, or knowingly permit telecommunication to be made from a telecommunications device