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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2002-42 <br />BY: Council Member Gareau <br />AN ORDINANCE AMENDING SECTIOIVS 533.05 OF THE GENERAL OFFENSES <br />CODE TO DEFINE THE OFFENSE OF IMPORTUNING IN GENDER NEUTRAL <br />TERMS <br />WHEREAS, the enforceability and constitutional validity of Revised Code Section 2907.07 <br />and North Olmsted Codified Section 533.05 have been, as a consequence of the case of Cleveland <br />v. Maistros (8th Dist., 2001), 145 Ohio App.3d 346, rendered questionable; and <br />WHEREAS, it is the desire of this Council to maintain the constitutional validity and <br />enforceability of General Offenses contained in the Codified Ordinances; and <br />WHEREAS, it is the desire of this Council to amend the aforesaid North Olmsted Codified <br />Section 533.05 and to exercise local police powers to enhance and protect the public safety and the <br />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 533.05 of the General Offenses Code, entitled "Importuning," <br />which presently reads as follows: <br />"533.05 IlVIl'ORTUNING. <br />(a) No person shall solicit a person of the same sex to engage in sexua1 activity with <br />the offender, when the offender knows such solicitation is offensive ta the other person, or is <br />reckless in that regard. <br />(b) Whoever violates this section is guilty of importuning a misdemeanor of the first <br />degree. (ORC 2907.07)" <br />shall be amended, and, as amended, shall read in its entirety as follows: <br />"5 3 3. 0 5 IMPORTiJNING. <br />(a) No person shall solicit another person to engage in sexual activity with the <br />offender, by use of wlgar language or in an offensive manner, when the offender knows such <br />solicitation is offensive to the other person, or is reckless in that regard. <br />(b) Whoever violates this section is guilty of importuning, a misdemeanor of the first <br />degree. (ORC 2907.07)" <br />.... . . ... .. . . .... ...a..v.+r.4??.?. wm.?„pfr??, ??:# Rie:'.':.kd?x, .., .?ie.?,. t., .. . ... .... .. . .. .. , .,..,.,r .. .:...? . ... . . ... . .