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December 18, 2008

Lakewood Proposed Ordinance 98-08: Daytime Curfew

Text of Ordinance 98-08:

ORDINANCE N0: 98-08

AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five (5) members elected to Council otherwise, it shall take effect and be in force after the earliest period allowed by law, to create a new section within Chapter 509 of the General Offenses Code of the Codified Ordinances of the City of Lakewood creating a daytime curfew within the City of Lakewood.

WHEREAS, this body is confronting issues regarding the maintenance, planning, and policing of our public parks and property, and

WHEREAS, we deem it appropriate for this body to revise the current curfew as it relates to minors within our City. Now therefore

BE IT ORDAINED BY THE CITY OF LAKEWOOD STATE OF OHIO:

Section 1. That a Section within Chapter 509 of the General Offenses Code of the Codified Ordinances of the City of Lakewood, is hereby created to read as follows:

509.01 DAYTIME CURFEW

a) No minor shall be in any public place within the City except for attendance atschool during regular school hours on any school day unless:

  1. The minor has written proof from school authorities that he or she is excused from school attendance at that particular time; or
  2. The minor is accompanied by his or her parent or legal guardian or a responsible adult selected by the parent or legal guardian to supervise the child; or
  3. The minor is participating in a bona fide, approved swtuodrky program during the hours of such work-study assignment; or
  4. The minor is on an emergency errand or conducting some other legitimate business.

It shall be an affirmative defense to this division that the minor is not required by state law to be in attendance at school. School suspensions or expulsions are not an affirmative defense to this section.

b) Each parent, legal guardian and custodian of a minor shall have a duty to prohibit the minor from behaving contrary to subsection (a) hereof. No parent, legal guardian or custodian shall negligently fail to fulfill the duty imposed by this subsection.

It shall be an affirmative defense to this division that the parent or legal guardian has initiated the jurisdiction of the Juvenile Court against the minor prior to the time that the minor was found violating subsection (a) hereof.

c) A police officer, parole officer, probation officer or school designee may transport any minor found violating subsection (a) hereof, to the school the child usually attends, or to any location designated by the school authorities as a receiving center for such children, the choice of destination to be made at the discretion of the police officer or school designee based on proximity of the destination and other relevant factors, and subject to the need to respond to emergency or priority calls

d) Whoever violates this subsection (a) hereof shall be dealt with in accordance with Juvenile Court law and procedure. Whoever violates subsection (b) hereof is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense.

Section 2. It is found and determined that all formal actions of this Council concerning to and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council, and of any of its committees that resulted in such formal action were in meetings open to the public and in compliance with legal requirements.

Section 3. that this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, properly, health, safety and welfare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this ordinance, and provided it receives the affirmative vote of at least five (5) of its members elected to Council, this ordinance shall take effect and be in force immediately upon its adoption by the Council and approval by the Mayor otherwise, it shall take effect and be in force after the earliest period allowed by law.

Adopted:_______________________

____________________________
PRESIDENT of COUNCIL

____________________________
CLERK of COUNCIL

Approved:______________________

____________________________
MAYOR

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