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Please Substitute for Ordinance No. 38-10 <br />(Placed on 1~ Reading and referred to the <br />Rules & Ordinances Committee 5/3/10, Placed <br />on 2nd Reading 5/17/10) <br />ORDINANCE N0. 38-10 BY: Antonio, Bullock, Butler, Madigan, <br />Powers, Smith, Summers. <br />AN ORDINANCE to take effect August 1, 2010 provided it receives the affirmative <br />vote of at least five (5) members elected to Council otherwise, it shall take effect and <br />be in force after the earliest period allow by law, to amend Title Nine, Pedestrians, <br />Bicycles and Motorcycles, of the Traffic Code, within the Codified Ordinances of the City <br />of Lakewood for the purpose of updating and expanding the Code and to be consistent <br />with the Ohio Revised Code. <br />WHEREAS, this ordinance is necessary for the public health, welfare and safety; <br />and <br />WHEREAS, this Council by a vote of at least five (5) members elected- thereto <br />determines that this ordinance is an emergency measure, and that this ordinance shall <br />take effect at the earliest date possible as set forth in ARTICLE III, SECTONS SO and <br />13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is <br />necessary for the immediate preservation of the public property, health and safety, and <br />to provide for the usual daily operation of municipal departments in that this legislation <br />should go into effect with the remainder of the Traffic Code updates for purposes of <br />codification. Now therefore, <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO <br />Section 1. That Chapter 371, Pedestrians, within Title Nine, Pedestrians, Bicycles <br />and Motorcycles, of the Traffic Code of the Codified Ordinances of the City of Lakewood <br />currently reading as follows: <br />371.01 RIGHT OF WAY IN CROSSWALK. <br />(a) When traffic control signals are not in place, not in operation or are not <br />clearly assigning the right of way, the driver of a vehicle shall yield the right of way, <br />slowing down or stopping if need be to so yield or if required by Section 331.165, to a <br />pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the <br />half of the roadway upon which the vehicle is traveling, or when the pedestrian is <br />approaching so closely from the opposite half of the roadway as to be in danger <br />