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CITY OF NORTH OLMSTED ORDINANCE NO. 2014 - 35 BY: Mayor Kennedy AN ORDINANCE AMENDING SECTION 537.17 OF CHAPTER 537 OF THE GENERAL OFFENSES CODE ENTITLED "CRIMINAL CHILD ENTICEMENT" IN ORDER TO CLARIFY PROHIBITED CONDUCT, AND DECLARING AN EMERGENCY. WHEREAS, last month in its review of a Franklin County criminal case, the Ohio Supreme Court ruled that certain prohibitions against Child Enticement, as previously contained in Revised Code 2905.05, were unconstitutionally vague and overly broad; and WHEREAS, legislation correcting the Revised Code was passed by the 130 "' General Assembly, Senate Bill 30, in order to clarify criminal conduct involving Child Enticement and to insure constitutional enforcement; and WHEREAS, this Council desires to amend Section 537.17 of the Codified Ordinances in order to adopt and enforce State law and to clarify the criminal prohibitions against Child Enticement in the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 537.17 of Chapter 537 of the General Offenses Code, which presently reads as follow: 537.17 CRIMINAL CHILD ENTICEMENT. (a) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle, or onto any vessel, whether or not the offender knows the age of the child, if both of the following apply: (1) The actor does not have the express or implied permission of the parent, guardian or other legal custodian of the child in undertaking the activity; (2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of any Board of Education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity. (b) No person, with a sexual motivation, shall violate subsection (a) of this section.