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a Nµ? . J ? . B Y L4? CITY OF NORTH OLMSTED ORDINANCE N0. 83-78 Q"n.z )2t?t. AN ORDTNANCE REGULATING THE OPERATION OF DRIVE-THRU RESTAURANT SALES AREAS BE'?'WEEN CERTAIN HOURS, WHEN THE SAME ARE LOCATED CLOSER THAN 250 LINEAR FEET OF ANY RESIDENTIAL STRUCTURE, AND DECLARING AN EMERGENCY. WHEREAS, this Council previously adopted Ordinance No. 82-123 with respect to regulating the operation of drive-thru restaurant sales areas, and WHEREAS, through inadvertence the opening time was not estab- lished therein, and WHEREAS, it is the desire of this Council to make a provision for the times during the day that sales through drive-in windows are restricted. NOW, THEREFORE, BE IT ORDAINED BY THE COtJNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA ANn STATE OF OHIO: SECTION 1: That this Council does hereby regulate the use of drive-t ru restaurant facilities by adopting the following provisions: (a) No person being the owner, operator, tenant, employee or agent of any restaurant shall sell or offfer for sale any of its products through a drive-thru facility before 6:00 am and after 11:00 pm Sunday through Thursday, and not before 6:00 am and after 12:00 midnight on Friday and Saturday, if said restaurant is located within 250 (two hundred fifty) linear feet of any residential structure. (b) Any person violating the provisions of this regulation shall be guilty of a minor mis- demeanor, the fine of which shall not exceed $100.00) (one hundred dollars). SECTION 2: That Ordinance N0. 82-123 is hereby repealed. SECTION 3: That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public health, safety and welfare of the City of North Olmsted, and for the further reason that it is immediately necessary to restrict noise levels to protect residential areas from the regulated activity, and further provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall