63-10 Amend 333.21, Operation in Willful or Wanton Disregard of Safety

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Placed on In Reading 8c Referred to the Public Safety Committee 9/8/10, 2"a Reading 9/20/10. Ordinance No.: 63-10 By: Antonio, Bullock, Butler, Madigan, Powers, Smith, Summers AN ORDINACE to take effect immediately 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, amending Section 333.021, Operation in Willful or Wanton Disregard of Safety, of the Codified Ordinances of the City of Lakewood for the purpose of returning the penalty for a violation of this section to a misdemeanor of the second degree. 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 error affects the sentencing ability of the Lakewood Municipal Court. Now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 333.021, Operation in Willful or Wanton Disregard of Safety, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 333.021 OPERATION IN WILLFUL OR WANTON DISREGARD OF SAFETY. (a) No person shall operate a vehicle on any street or highway in willful or wanton disregard of the safety of persons or property. (b) No person shall operate a vehicle on any public or private property other than streets or highways, in willful or wanton disregard of the safety of persons or property. This subsection does not apply to the competitive operation of vehicles on public or private .property when the owner of such property knowingly permits such operation thereon. (c) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted 'of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the second degree. shall be and is hereby amended to read as follows: