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Placed on first reading and referred to Public Safety
<br />Committee 2/9/2019; second reading 2/19/2019. Please
<br />substitute for the original. Substitute version recom-
<br />mended for adoption 7/1/2019. Please substitute for the
<br />original.
<br />Anderson, Bullock, George, Litten, O'Leary,
<br />ORDINANCENO. 06 -19 BY O'Malley, Rader
<br />AN ORDINANCE to take effect innnediately provided it receives the affirmative vote of
<br />at least two thirds of the members of Council, or otherwise to take effect and be in force after the
<br />earliest period allowed by law, repealing Section 549.051, Sale, Possession and use of Stun Guns,
<br />and amending various related provisions of Chapter 549, Weapons and Explosives, of the Codified
<br />Ordinances of the City of Lakewood as Section 549.051 is no longer enforceable but stun guns
<br />stand nevertheless to be regulated.
<br />WHEREAS, the United States Supreme Court has recently held that stun guns are protected
<br />by the Second Amendment's right to bear arms; and
<br />WHEREAS, local ordinances prohibiting the possession or use of such devices are unen-
<br />forceable, but such devices stand nevertheless to be regulated; and
<br />WHEREAS, as set forth in Section 2.12 of the Third Amended Charter of the City of Lake-
<br />wood, this Council by a vote of at least two thirds of its members determines that this ordinance is
<br />an emergency measure and that it shall take effect immediately, and that it is necessary for the
<br />immediate preservation of the public property, health, and safety and to provide for the usual daily
<br />operation of municipal departments, in that these ordinances should be updated within the Codified
<br />Ordinances in order to keep them up to date; now, therefore,
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:
<br />Section 1. That Section 549.051, Sale, Possession and use of Stun Guns, of the Codified
<br />Ordinances of the City of Lakewood, currently reading as follows:
<br />549.051 SALE, POSSESSION AND USE OF STUN GUNS.
<br />(a) No person, firm or corporation shall, within the City, sell, offer for sale, or
<br />have in his or its possession or custody, any stun gun.
<br />(b) As used in this section "stun gun" means any electronic instrument, device
<br />or thing which produces, emits or discharges any current, plus, volt or charge of
<br />electricity, regardless of voltage, amperage, or frequency, and which is designed
<br />or specifically adapted to stun, daze, traumatize, incapacitate or paralyze a human
<br />being.
<br />(c) This section does not apply to law enforcement officers acting within the
<br />scope of their duties.
<br />(d) Whoever violates this section is guilty of a misdemeanor of the first degree.
<br />is hereby repealed.
<br />Section 2. Section 549.01, Definitions, of the Codified Ordinances of the City of Lake-
<br />wood, currently reading as follows:
<br />
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