07/17/2001 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 7/17/41 then relaxes these restrictions farther from the crosswalk. Traffic Engineer Griffith provided a diagram which showed that afull-time ban on parking will exist 60 feet to the west of the crosswalk and 70 feet to the east of the crosswalk. During the hours that young children aze arriving and leaving the school, the restriction will cover 120 feet in both directions. Minor editorial changes were proposed for this ordinance, and those changes have been incorporated irno the latest version. With no other changes recommended, the committee unanimously recommended passage under suspension of the rules. • Ordinance 2001-89, which creates a new Section 557.06 of the General Offenses Code entitled, "Possession and Use of Cigazettes and Other Tobacco Products by Minors Prohibited," in order to locally prohibit such conduct by minors in accordance with the recently enacted Senate Bill 218. Assistarn Human Resources Director Chris Allegra mernioned that this law is supported by state law. This ordinance will generate no additional paperwork for the police officers enforcing it, and it has the support of the North Olmsted City Schools. In fact, at North Olmsted High School, this law is being incorporated into their school behavior codes. The first offense of smoking by a minor on school grounds would be handled by the school. The second offense would be referred to this program. The third offense would be handled under the provisions of state law. In response to a question, Ms. Allegra commerned that, as with all pieces of legislation, this one too could be subject to legal challenges. But since it mirrors state law, it can be expected that this legislation would hold up in court. The committee voted to withhold recommendation on this ordinance pending answer to two questions: First, does the idea of referring a minor to Youth Diversion Program need to be mentioned in the text of the new Section 557.06 of the city code? Second, would it be legally permissible and is the North Olmsted Police Department interested in having the ability to detain suspects under this code? As written, the state and city codes expressly prohibit a police officer from detaining a suspect. The committee decided to discuss the ordinance again on July 17 to review the answers to these questions and make a recommendation. 2) The committee met on July 17. Present were committee members O'Grady and Limpert; Council members McKay and Dailey; Safety Director Jenkins, Assistant Law Director Dubelko, Assistant Human Resources Director Allega. Agenda items were as follows: • Ordinance 2001-89, which creates a new Section 557.06 of the General Offenses Code of the City of North Olmsted entitled, `p'ossession and Use of Cigazettes and Other Tobacco Products by Minors Prohibited," in order to locally prohibit such conduct by minors in accordance with recently enacted Senate Bill 218. Responses were provided to the questions asked on July 10. First, with regard to the requirement to mention the Youth Diversion Program in the text of 557.06, the Law Department deferred the question to the Human Resources Department, and Assistant Director Chris Allegra stated that, since the Youth Diversion Program is in no other piece of legislation, it is therefore not needed to be listed in this one. Second, with regard to the idea of providing additional power to police officers to detain suspects, the Law ""' Department again deferred this question to the Chief of Police to see if he is 4 R 1