33-12 Amend 309.06 Hearing Procedure - unpaid judgements

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PLACED ON 1ST READING-:&:REFERRED TO THE RULES & ORDINANCES COMMITTEE 6/4/2012. SECOND READING 6/18/12. ORDINANCE NO. ~"~~?~ 33-12 BY: Anderson, Bullock, Juris, Madigan, Nocalin, Powers, Smith. AN ORDINANCE to take effect inunediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Section 309:06, Hearing Procedure, of the Codified Ordinances of the City of Lakewood to make filing a unpaid judgments with the municipal court discretionary rather than mandatory. WHEREAS, while the Lakewood Municipal Court only collects filing fees from the City of Lakewood that are required by law, the City currently pays a filing fee of $25.00 for each judgment filed with the Court for collection; and WHEREAS, Ohio Revised Code Section 4521.08(C) makes filing of the civil parking judgments with municipal courts discretionary and the Lakewood Codified Ordi- nance makes filing the parking judgments in court mandatory; and WHEREAS, Section 309.06 stands to be amended in order to give the City flexi- bility as to when certain unpaid civil parking infractions should be collected following a court judgment; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits nnmicipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WI-IEREAS, this Council by a vote of at least five (5) of its members 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, Sections 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 section should be amended to streamline the collection of parking violations; now, therefore, BE IT ORDAINED BY THE CI`T'Y OF LAKEWOOD, OHIO: Section 1. Section 309.06, Hearing Procedure, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 309.06 HEARING PROCEDURC. (a) If a person who is personally or constructively sewed with a parking ticket charging the coarmission of a Parking lnfi'aetion or who receives a notifica- tion of such infraction, in their answer to the charge denies that they com-