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CITY OF NORTH OLMSTED ORDINANCE NO. 2002-102 BY: Council Member Gareau AN ORDINANCE CREATING NEW SECTION 533.15 OF THE GENERAL OFFENSES CODE TO DEFINE THE OFFENSE OF IIWASION OF PRIVACYAND TO PROVIDE CRIMINAL SANCTIONS FOR SUCH OFFENSE. WHEREAS, residents of the City of North Olmsted have a right to be safe and secure in the privacy of their own homes and any act of trespassing, when combined with any surreptitious acts of peering or peeping into a dwelling or other invasions of personal privacy, warrants separate and strict criminal sanction; and WHEREAS, the crime of Voyeurism, as set forth in Revised Code Section 2907.08 and North Olmsted Codified Section 533.06 requires the highest degree of inens rea required by law to demonstrate the guilt of the offender and imposes an unnecessary and unreasonable burden on the Prosecution to demonstrate evidence of the purpose of the offender in terms of the offender's subjective sexual arousal or gratification; and WHEREAS, the crime of Criminal Trespass, as set forth in Revised Code Section 2911.21 and North Olmsted Codified Section 541.05, only addresses the offenders invasion of property interests and does not sanction the invasion of personal privacy; and WHEREAS, current criminal laws do not adequately protect persons in their homes from wrongdoers who enter land and peer through windows and doors to view persons in their homes conducting private affairs, such wrongdoers along with their activities sometimes being called "Peeping Toms"; and WHEREAS, it is the desire of this Council to exercise local police powers and home rule authority to enhance and protect the public safety and the general welfare of the citizens of North Olmsted be enacting criminallaws not in conflict with the general laws of the State of Ohio and not otherwise preempted by State law. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That new Section 533.15 of the General Offenses Code shall be established and be entitled "Invasion of Privacy" and which sha11 read as follows: