62-12 Amend 341.05 Criminal Offenses

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PLACED ON FIRST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 10/15/12. SECOND READING 11/5/12. ORDINANCE NO. 62-12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, amending Section 341.05, Criminal Offenses, of the Codified Ordinances of the City of Lakewood for the purpose of complying with newly enacted State Code pertaining to the same subject. WI IEREAS, conformity of the local code with the state code is necessary for validity; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits nnr- nicipalities 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 iu conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it 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 the City wishes to close any window of time between the effective date of the state code change and the effective date of the local code change; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OI-IIO: SECTION 1. Section 341.05, Criminal Offenses, currently reading as follows: 341.05 CRIMINAL OFFENSES. (a) No person shall do any of the following: (1) Drive a commercial motor vehicle while having a measureable or detect- able amount of alcohol or of a conttolled substance in the person's blood, breath or urine; (2) Drive a commercial motor vehicle while Having an alcohol concentration offour-hundredths of one per cent or more by whole blood or breath; (3) Drive a commercial motor vehicle while having an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma; (4) Drive a commercial motor vehicle while having an alcohol concentration offifty-six-thousandths of one per cent or more by urine; (5) Drive a motor vehicle while undet• the influence of a controlled substance; (6) Use a motor vehicle iu the conunission of a felony; (7) Refuse to submit to a test under Ohio R.C. 4506.17;