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Placed on first reading 10/1/2012;
<br />recommended for adoption on third
<br />reading by the Public Safety Committee
<br />10/8/2012; please substitute for the
<br />original. Second Reading 10/15/12.
<br />ORDINANCE NO. 49-12
<br />By; A~._derson, Juris, Madigan,
<br />Nowlin, Powers, Smith
<br />AN ORDINANCE to take effect imtnediately provided it receives the affirnrative vote of
<br />at least five (5) members of Council, or othet•wise to take effect at the earliest period allowed by
<br />law, amending Section 513.04, Use or Possession of Paraphernalia, and enacting Section
<br />513.045, Use or Possession of Marihuana Paraphernalia, of the Codified Ordinances of the Cit~j~
<br />of Lakewood for the purpose of complying with changes to the State of Ohio criminal code.
<br />WHEREAS, the General Assembly has recently made possession of paraphernalia asso-
<br />ciated with marihuana a minor misdemeanor; and
<br />WHEREAS, Article ] 8, Section 3 of the Constitution of the State of Ohio petmits munic-
<br />ipalities to exercise all powers of local self-govertnnent and to adopt and enforce within their
<br />limits such local police, sanitary and other regulations as are not in conflict with general laws;
<br />and
<br />WHEREAS, this Council by a vote of at least five (5) of its members deternrines that this
<br />ordinance is an emergency measure and that it shall take effect at the earliest date possible as set
<br />forth in Article III, Sections 10 and 13 of the Second Atnended Charter of the City of Lakewood
<br />and that it is necessary for the immediate preservation of the public property, health, and safety
<br />and to provide for the usual daily operation of municipal departments in that the City wishes to
<br />close any window of time between the effective date of the state code change and the effective
<br />date of the local code change; now, therefore,
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:
<br />Section 1. Section 513.04, Use or Possession of Paraphernalia, currently reading as fol-
<br />lows:
<br />513.04 USE OR POSSESSION OF PARAPHERNALIA.
<br />(a) As used in this section, "drug paraphernalia" means any equipment,
<br />product or material of any kind that is used by the offender, hrtend-
<br />ed by the offender for use, or designed for use, in propagating, cul-
<br />tivating, growing, harvesting, manufachiring, compomrding, con-
<br />verting, producing, processing, preparing, testing, analyzing, pack-
<br />aging, repackaging, storh~g, containing, concealing, injecfn~g, in-
<br />gesting, inhaling or otherwise introducing iuto the human body, a
<br />controlled substance in violation of this chapter or of Ohio R.C.
<br />Chapter 2925. "Drug paraphernalia" includes, but is not limited to,
<br />any of the following equipment, products or materials that are used
<br />by the offender, intended by the offender for use, or designed by
<br />the offender for use, in any of the following manners:
<br />
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