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02-14 Repeal Section 509.09 Suspicious Persons
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02-14 Repeal Section 509.09 Suspicious Persons
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3/5/2014 3:33:42 PM
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PLACED ON 1ST READING & REFERRED TO <br />THE RULES & ORDINANCES COMMITTEE <br />2/3/14. <br />2ND READING 2/18/14. <br />ORDINANCE NO. 2 -14 BY: Anderson, Bullock, Juris, <br />Madigan, Marx, Nowlin, O'Leary. <br />AN ORDINANCE repealing Section 509.09, Suspicious Persons, to eliminate an <br />outmoded and vague provision from the Code. <br />WHEREAS, Section 509.09 of the Code, which dates in part to 1918, forbids <br />people labeled suspicious persons from the City; and <br />WHEREAS, due process requires that the terms of a criminal statute be reasona- <br />bly clear and definite and that there be ascertainable standards of guilt on which citizens, <br />courts, and the police may rely, and that a person not be punished simply because there <br />exists the belief that he or she is probably a criminal; and <br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- <br />vised Code, municipalities have the power of local self- govermnent; and <br />WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- <br />vised Code, municipalities have the power to enact laws that are for the health, safety, <br />welfare, comfort and peace of the citizens of the municipality; now, therefore <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: <br />Section 1. Section 509.09; Suspicious Persons, of the Lakewood Codified Ordi- <br />nances, currently reading as follows: <br />509.09 SUSPICIOUS PERSONS, <br />(a) No suspicious person shall be within the Municipality. The fol- <br />lowing persons shall be deemed suspicious persons: <br />(1) Any person who begs and lives idly and without visible means <br />of support. This subsection does not prevent persons connect- <br />ed with any charitable or religious institution fi-can soliciting <br />for or in behalf of such institution. <br />(2) Any person who has possession or custody of any instrument, <br />tool or other implement that may reasonably be inferred to <br />have been designed for or be employed in the commission of <br />any felony or misdemeanor and who cannot give a reasonable <br />account for such possession or custody. <br />(3) Any person who occupies for the purpose of lodging or sleep- <br />ing, any building, vehicle, railroad car, vacant lot or other <br />place other than such as is normally provided for that purpose, <br />
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