35-10 Amend Title Three, Streets & Traffic Control Devices

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Please Substitute for Ordinance No. 35-10 (Placed on 1~ Reading and referred to the Rules & Ordinances Committee 4/19/10, Placed on 2nd Reading 5/3/10) ORDINANCE N0. 35-10 BY: Antonio, Bullock, Butler, Madigan, Powers, Smith, Summers. AN ORDINANCE to take effect August 1, 2010 provided it receives the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force after the earliest period allow by law to amend Title Three, Streets and Traffic Control Devices, within the Traffic Code, of the Codified Ordinances of the City of Lakewood for the purpose of updating and expanding the Code and to be consistent with the Ohio Revised Code. WHEREAS, this ordinance is necessary for the public health, welfare and safety; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that this legislation should go into effect with the remainder of the Traffic Code updates for purposes of codification. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That Chapter 311, Street Obstructions and Special Uses within Title Three, Streets and Traffic Control Devices of the Traffic Code of the Codified Ordinances of the City of Lakewood currently reading as follows: CHAPTER 311 STREET OBSTRUCTIONS AND SPECIAL USES. 311.01 PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN STREET. (a) No person shall place or knowingly drop upon any part of a street, highway or alley any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person, vehicle or animal traveling along or upon such street, except such substances that may be placed upon the roadway by proper authority for the repair or construction thereof.