Laserfiche WebLink
<br /> <br />CITY OF NORTH ULMSTED <br />ORDINANCE NO. 2002-41 <br />BY: Council Member Gareau <br />AN ORDINANCE AMENDING SECTIONS 533.07 OF THE GENERAL OFFENSES <br />CODE IN ORDER TO MAMMIZE THE POSSIBLE PENALTIES FOR THE <br />OFFENSE OF PUBLIC INDECENCY. <br />WHEREAS, Revised Code Section 2907.09 and North Olmsted Codified Section 533.07 <br />both provide that the offense of Public Indecency is generally punishable as follows: <br />1' offense/conviction misdemeanor of the fourth degree; <br />2' offense/conviction misdemeanor of the third degree; <br />3'd offense/conviction misdemeanor of the second degree; <br />e offense/conviction misdemeanor of the first degree. <br />Thus, these provisions for enhancement of penalties requires three or more prior canvictions before <br />the maximum misdemeanor penalties may be imposed by the Court; and <br />WHEREAS, it is the desire of this Council to increase the possible penalties that may be <br />imposed by the Court so that the maximum penalty may be imposed by the Judges of the Municipal <br />Court, in their discretion, upon the first offense/conviction; and <br />WHEREAS, it is the desire of this Council to amend the possible penalties of the aforesaid <br />North Olmsted Codified Section 533.07 and to exercise local police powers to enhance and protect <br />the public safety and the general welfare of the citizens of North Olmsted. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: <br />SECTION 1: That Section 533.07 of the General Offenses Code, entitled "Public <br />Indecency," which presently reads as follows: <br />"533.07 PUBLIC INDECENCY. <br />(a) No person shall recklessly do any of the following, under circumstances in which <br />his or her conduct is likely to be viewed by and affront others, not members of his or her <br />household: <br />(1) Expose his or her private parts, or engage in masturbation; <br />(2) Engage in sexual conduct; <br />(3) Engage in conduct that to an ordinary observer would appear to be sexual <br />conduct or masturbation. <br />(b) Whoever violates this section is guilty of public indecency. Except as otherwise <br />provided in this subsection (b), public indecency is a misdemeanor of the fourth degee. If the <br />offender previously has been convicted of or pleaded guilty to one violation of Ohio R.C. 2907.09