64-10 Amend 335.07 & 335.072 Driving under suspension, restriction, cancellation

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Placed on ls` Reading & Refereed to the Public Safety Cmte 9/8/10, 2"" Reading 9/20/10. Ordinance No.: 64-10 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 the penalty sections within Section 335.07, Driving Under Suspension or License Restriction and Section 335.072, Driving Under Financial Responsibility Law Suspension or Cancellation of the Codified Ordinances of the City of Lakewood for the purpose of keeping all driving under suspension penalties first degree misdemeanors. 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 335.07(c), Driving Under Suspension or License Restriction, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 335.07 DRIVING UNDER SUSPENSION OR LICENSE RESTRICTION. (c) (1) A. Except as provided in subsection (c)(1)B. hereof, whoever violates subsection (a) hereof, is guilty of driving under suspension, a misdemeanor of the first degree. The court shall impose upon the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02. B. If the offender's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 3123.58, 4510.22, a violation of subsection (a) hereof, is an unclassified misdemeanor. The offender may be fined up to one thousand dollars ($1,000) and pursuant to Ohio R.C. 2929.27(8), additionally may be ordered to serve a term of community service of up to five hundred hours. If the offender previously was convicted of or pleaded guilty to two or more violations of this section, Ohio R.C. 4510.11 or a substantially equivalent municipal ordinance within the past three years, the offense is a misdemeanor of the first degree.