mansfield proposed legislation

Council Only - VOTE

BILL #14-038 ORDINANCE #______________ BY: MRS. HARING

Authorizing the Safety-Service Director to enter into an agreement with Leads Online, LLC to allow the Mansfield Police Department to utilize an electronic system to support investigations of potentially stolen merchandise.

WHEREAS, Leads Online, LLC operates and maintains an electronic investigation system at its web site for the purpose of receiving and disseminating data from dealers for the use of law enforcement agencies, and

WHEREAS, there are currently almost two hundred agencies in Ohio using this system and nearly twenty-eight hundred nationwide subscribing to Leads Online, and

WHEREAS, the City desires to utilize an electronic system to support its investigations.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE

CITYOF MANSFIELD, STATE OF OHIO:

SECTION 1. That the Safety-Service Director be, and she is hereby authorized to enter into an agreement to allow the Mansfield Police Department to utilize an electronic system to support investigations of potentially stolen merchandise, which is attached hereto as Exhibit “A” and made a part hereof, available on file in the Clerk of Council, with Leads Online, LLC on behalf of the City of Mansfield, to allow the Mansfield Police Department to utilize an electronic system to support investigations of potentially stolen merchandise SECTION 2. That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 18 February, 2014

1st Reading 18 March, 2014

2nd Reading 1 April, 2014

PASSED 15 April, 2014 SIGNED /s/ Phillip E. Scott

President

ATTEST /s/ Amy L. Yockey APPROVED /s/ Timothy L. Theaker

Clerk of Council Mayor APPROVED AS TO FORM: John R. Spon

Law Director City of Mansfield, Ohio

Council Only – Vote

BILL #14-039* ORDINANCE #______________

BY: MRS. HARING

Enacting Chapter 765, Secondhand Dealers, of the Mansfield Codified Ordinances of 1997 to establish regulations and license requirements for secondhand dealers.

WHEREAS, the Mansfield Division of Police may enter into a contract for services for an electronic reporting system in order to enhance its investigative services to protect both secondhand dealers and members of the general public, and

WHEREAS, all secondhand dealers prior to conducting any transaction in this City shall apply for and obtain a license which shall require the use of an electronic reporting system, and

WHEREAS, the use of an electronic reporting system as required by the license in this Chapter, will assist in investigations of potentially stolen merchandise.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD,

STATE OF OHIO:

SECTION 1. That Section 765.01 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby enacted:

“765.01 DEFINITIONS; SIGN REQUIRED.

(a) For purposes of this Chapter "secondhand dealer" means a person operating a store, shop or other business, whether or not at a permanent location, for the primary purpose of purchasing, selling, exchanging or receiving secondhand articles of any kind, such as electronics, hardware, tools, machinery (excluding articles or jewelry containing gold, silver, platinum or other precious metal or jewels). A person who operates a business whose exclusive purpose is the resale of either books, clothing, comics, or trading cards shall not be considered a secondhand dealer.

(b) "Secondhand article" means any item which has previously been used, worn or owned by another person.

(c) A person who is operating as a secondhand dealer in the City, shall post in a conspicuous place in or upon his shop, store, wagon, boat, motor vehicle, or other place of business, a sign having his name and occupation legibly inscribed thereon. Such person shall also post in the same place his license certificate and copy of this entire Chapter.

(d) “Gift card” means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit or money of at least an equal value, including any electronic card issued by a merchant with a monetary value where the issuer has received payment for the full monetary face value of the certificate for the future purchase or delivery of goods and services. “Gift card” does not include a prepaid calling card used to make telephone calls.

(e) “Pledge” means a bailment of personal property as security for a debt, with the holder of the pledge having implied power of sale on default.

(f) “Actual knowledge” means a fact to which an individual knows or has reasonable cause to believe at the time of a transaction.”

SECTION 2. That Section 765.02 of the Mansfield Codified Ordinances of 1997 which reads as follows, is hereby

enacted:

“765.02 RECORDS; INFORMATION.

(a) The Mansfield Division of Police may enter into a contract for services and maintain its contract for services with LeadsOnline or a similar entity in order to enhance its investigative services to protect both secondhand dealers and members of the general public. Every secondhand dealer shall operate and maintain a computer system with internet access for the purposes described herein. Every secondhand dealer shall subscribe to LeadsOnline or the City’s current electronic reporting system and maintain said subscription throughout the term of the secondhand dealer’s business license. Every secondhand dealer shall provide an electronic record utilizing the LeadsOnline electronic reporting system or the electronic system then in use by the City. Such report shall enter and upload all information from its books and records regarding contracts for purchase, pledges and purchase transactions of any secondhand scrap iron, copper or other metal, automobile parts, tire parts, household furniture or furnishings, household appliances, office equipment, coins, non-precious metal jewelry, weapons, bicycles, tools, toys, electronic media and or electronic equipment to LeadsOnline or a similar system as soon as reasonably possible after the transaction is consummated. Every secondhand dealer shall input information to every data field supported by the LeadsOnline or similar system. In the event the electronic reporting system malfunctions or is otherwise not operational, the secondhand dealer shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions that would have otherwise been entered in the electronic reporting system and shall submit such records to the Mansfield Division of Police within twenty-four (24) hours of such transaction

during the non-operational period. The written records shall contain all information required on the electronic reporting system. If any article that is left on deposit, pledged or purchased has engraved thereon a number, word or initials or contains settings of any kind, the description of the article in the report shall contain the number, word or initials engraved and shall describe the setting of the item and the number of each kind. In the event of a change to its electronic reporting system, the City shall notify all secondhand dealers in the City of the change within a reasonable time prior to such change.

(b) No item shall be received unless the person from whom the article is acquired exhibits a driver’s license or state-issued identification card and the identifying numbers are recorded on the electronic report. Whenever the dealer has reason to know or believe the seller, purchaser or exchangor is under eighteen years of age, he must require that person to produce sufficient articles of identification to establish his age.

(c) This Section shall apply in those instances where the article purchased or received by the dealer is any

secondhand scrap iron, copper or other metal, automobile parts, tire parts, household furniture or furnishings, household appliances, office equipment, coins, non-precious metal jewelry, weapons, bicycles, tools, toys, electronic media and or electronic equipment.

(d) Every entry shall be numbered consecutively, commencing with number one. No entry shall be erased, obliterated or defaced.

(e) All books or records which are required to be maintained as a result of this Section shall be open to inspection by the Chief of Police or his designee immediately, at any time during hours of operation. Upon demand by the Chief or his designee, the secondhand dealer shall also produce and show the article or articles thus listed and described.”


“765.03 DAILY REPORTS TO POLICE.

(a) A person licensed as a secondhand dealer shall, furnish a list of every article taken in pawn or bought by such secondhand dealer the previous day by uploading such list to the LeadsOnline or similar system program via a secure internet connection.

(b) A person licensed as a secondhand dealer shall, every day furnish a photograph of every article of non-precious metal jewelry, regardless of value, taken in pawn or bought by such secondhand dealer the previous day by uploading the photograph to the LeadsOnline or similar system program via a secure internet connection.”


enacted:

“765.04 RETENTION OF ARTICLES.

(a) All articles as provided in this Chapter shall be retained by the purchaser thereof for at least seven days, before disposing of them, in an accessible place, in the confines where such articles were purchased or received. No article may be changed, altered, smelted or defaced during this period. Articles may be released, prior to seven days, upon inspection and approval by the Chief of Police or any police officer designated by him. The seven day waiting period may be waived by an authorized person after inspection or voluntary submittal of records to an authorized Law Enforcement Officer.

(b) If any Law Enforcement Officer has probable cause to believe that the item(s) described in the daily list provided for under this Chapter is stolen property, the Law Enforcement Officer shall notify the secondhand dealer in writing, and upon receipt of such notice, the secondhand dealer shall retain such item(s) until the expiration of a reasonable period of time to conduct an investigation has elapsed, such time shall not be less than thirty (30) days after the day on which the secondhand dealer is first required to make available the information required in the daily list provided for under this Chapter, unless the Law Enforcement Officer notifies the secondhand dealer in writing that retention is not required until such expiration.”


“765.05 PROHIBITED PURCHASES; CUSTOMERS.

(a) No dealer shall purchase or exchange any article from any person under eighteen years of age, from any intoxicated person or any person under the influence of drugs and/or alcohol for which the dealer has actual knowledge, from any person he has actual knowledge to have been convicted of a theft offense or associate of any person he has actual knowledge to have been convicted of a theft offense or receiver of stolen property, from any person whom he has reason to suspect or believe to be any of the foregoing or from a senile person.

(b) Every dealer shall immediately report to the police any article or thing pledged or sold to him; or which is sought to be sold to him, if he has reason to believe that the article or thing was stolen or lost.

(c) No person shall use or provide a fictitious or false name or address, or false or fictitious information when selling or exchanging any article with a secondhand dealer.

(d) No dealer shall engage in the purchase, receipt, sale or exchange of gift cards that have been previously used or owned by another person.”


“765.06 LICENSE.

(a) A secondhand dealer, prior to conducting any transaction in this City, shall apply for and obtain a license from the Safety-Service Director and/or Chief of Police, the fee for which shall be fifty dollars ($50.00). Such application shall be filed at least seven working days prior to the granting of such license. The term of any such license shall only be valid for the remaining portion of that calendar year, and shall be valid for only that one proposed location

stated on the license. The fee for an application for renewal of an existing license shall be thirty-five dollars ($35.00).

(b) Application for the license required by this Section shall be made in writing to the Chief of Police and/or Safety-Service Director by the owner, or an officer if the applicant is a corporation, upon forms provided by the Chief of Police and/or Safety-Service Director. The completed application shall include the number of years the applicant has conducted this business, all the locations of this business in the previous twelve months, the home address of the principal owner and of the manager at the proposed business location in the City and their criminal record(s), stated in particularity, if any. If the applicant is a corporation, the application shall include the names of the president, treasurer and secretary of the corporation, and their criminal record(s) stated in particularity, if any.

(c) No license shall be issued to any person who has been convicted of a felony offense, or of any theft offense as defined in Ohio R.C. 2913.01. The Safety-Service Director and/or Chief of Police may revoke the license for any violation of this Chapter.”


“765.07 WAIVER.

Any part or all of Section 765.06 may be waived by the Safety-Service Director and/or Chief of Police for good cause shown if not adverse to the health, safety or welfare of the City.

If application for waiver is denied by the Safety-Service Director and/or Chief of Police for being adverse to the health, safety or welfare of the City, the applicant may appeal the Safety-Service Director and/or Chief of Police's denial to Council. Reversal of the Safety-Service Director and/or Chief of Police's denial and granting a waiver requires the approval of Council. The process by which to appeal may be obtained from the Clerk of Council’s

Office.”


“765.08 EXCLUSIONS.

This Chapter shall not apply to infrequent sales which are conducted as a yard or garages sales, at the residence of the seller, or sales by religious or charitable organizations.”


“765.09 SEVERABILITY.

If any section, sub-section, paragraph, or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, sub-sections, paragraphs, and clauses shall not be affected.”


“765.99 PENALTY.

Whoever violates any provision of this Chapter or encourages another to violate any provision of this Chapter, is guilty of a second degree misdemeanor, and is guilty of a first degree misdemeanor if that person has previously been convicted of any violation of this Chapter. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.”

SECTION 11. That this measure shall take effect and be in force after the earliest time allowed by law, after its

passage and approval by the Mayor. Caucus 18 February, 2014




President


Clerk of Council Mayor

APPROVED AS TO FORM: John R. Spon


*Publication Required.


BILL #14-040* ORDINANCE #______________

BY: MRS. HARING

Enacting Chapter 767, Pawnbrokers, of the Mansfield Codified Ordinances of 1997 to establish regulations and license requirements for pawnshops.

WHEREAS, the Mansfield Division of Police may enter into a contract for services for an electronic reporting system in order to enhance its investigative services to protect both pawnbrokers and members of the general public, and

WHEREAS, all pawnbrokers prior to conducting any transaction in this City shall apply for and obtain a license which shall require the use of an electronic reporting system, and


NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD,

STATE OF OHIO:



(a) Within the meaning of this Chapter, "pawnbroker" means any person now or hereafter engaged in the business of lending money on a deposit of pledges of personal property or other valuable thing (other than securities or printed evidence of indebtedness) or in the business of purchasing personal property, or choses in action, or other valuable thing, and selling or agreeing to sell the same back to the seller at a price other than the original price of purchase, or in the business of purchasing personal property excluding articles made of or containing gold, silver, platinum or other precious metals or jewels of any description for the purpose of reducing or smelting them into any form different from their condition or construction when purchased and reselling or marketing the product.

(b) A person who is operating as a pawnbroker in the City, shall post in a conspicuous place in or upon his shop, store, wagon, boat, motor vehicle or other place of business, a sign having his name and occupation legibly inscribed thereon. Such person shall also post in the same place his license certificate and a copy of this entire Chapter.

(c) “Gift card” means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit or money of at least an equal value, including any electronic card issued by a merchant with a monetary value where the issuer has received payment for the full monetary face value of the certificate for the future purchase or delivery of goods and services. “Gift card” does not include a prepaid calling card used to make telephone calls.

(d) “Pledge” means a bailment of personal property as security for a debt, with the holder of the pledge having implied power of sale on default.

(e) “Actual knowledge” means a fact to which an individual knows or has reasonable cause to believe at the time of a transaction.”


enacted:


(a) The Mansfield Division of Police may enter into a contract for services and maintain its contract for services with LeadsOnline or a similar entity in order to enhance its investigative services to protect both pawnbrokers and members of the general public. Every pawnbroker shall operate and maintain a computer system with internet access for the purposes described herein. Every pawnbroker shall subscribe to LeadsOnline or the City’s current electronic reporting system and maintain said subscription throughout the term of the pawnbroker’s business license. Every pawnbroker shall provide an electronic record utilizing the LeadsOnline electronic reporting system or the electronic system then in use by the City. Such report shall enter and upload all information from its books and records regarding contracts for purchase, pledges and purchase transactions to LeadsOnline or a similar system as soon as reasonably possible after the transaction is consummated. Every pawnbroker shall input information to every data field supported by the LeadsOnline system. In the event the electronic reporting system malfunctions or is otherwise not operational, the pawnbroker shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions that would have otherwise been entered in the electronic reporting system and shall submit such records to the Mansfield Division of Police within twenty-four (24) hours of such transaction during the non-operational period. The written records shall contain all information required on the electronic reporting system. Each pawn ticket issued shall be numbered consecutively to conform to the ticket. If any article that is left on deposit, pledged or purchased has engraved thereon a number, word or initials or contains settings of any kind, the description of the article in the report shall contain the number, word or initials engraved and shall describe the setting of the item and the number of each kind. In the event of a change to its electronic reporting system, the City shall notify all pawnbrokers in the City of the change within a reasonable time prior to such change.

(b) No item shall be received unless the person from whom the article is acquired exhibits a driver’s license or state-issued identification card and the identifying numbers are recorded on the electronic report. Whenever the dealer has reason to know or believe the pledgor or seller is under eighteen years of age, he must require that person to produce sufficient articles of identification to establish his age.

(c) All books or records which are required to be maintained as a result of this Section shall be open to inspection by the Chief of Police or his designee, immediately at anytime during hours of operation. Upon demand by the Chief or his designee, the pawnbroker shall also produce and show the articles thus listed and described.”



(a) A person licensed as a pawnbroker shall, furnish a list of every article taken in pawn or bought by such pawnbrokers the previous day by uploading such list to the LeadsOnline or a similar system program via a secure internet connection.

(b) A person licensed as a pawnbroker shall, every day furnish a photograph of every article of non-precious metal jewelry, regardless of value, taken in pawn or bought by such pawnbroker the previous day by uploading the photograph to the LeadsOnline or similar system program via a secure internet connection.”


enacted:


(a) All articles as provided in this Chapter shall be retained by the purchaser thereof for at least seven days, before disposing of them, in an accessible place, in the confines where such articles were purchased or received. No article may be changed, altered, smelted or defaced during this period. Articles may be released prior to seven days, upon inspection and approval by the Chief of Police or any police officer designated by him. The seven-day waiting period may be waived by an authorized person after inspection or voluntary submittal of records to an authorized Law Enforcement Officer.

(b) If any Law Enforcement Officer has probable cause to believe that the item(s) described in the daily list provided for under this Chapter is stolen property, the Law Enforcement Officer shall notify the pawnbroker in writing, and upon receipt of such notice, the pawnbroker shall retain such item(s) until the expiration of a reasonable period of time to conduct an investigation has elapsed, such time shall not be less than thirty (30) days after the day on which the pawnbroker is first required to make available the information required in the daily list provided for under this Chapter, unless the Law Enforcement Officer notifies the pawnbroker in writing that retention is not required until such expiration.”


“767.05 PROHIBITED PLEDGES; CUSTOMERS.

(a) No dealer shall purchase or exchange any article from any person under eighteen years of age, from any

intoxicated person or any person under the influence of drugs and/or alcohol for which the dealer has actual knowledge, from any person he has actual knowledge to have been convicted of a theft offense or associate of any person he has actual knowledge to have been convicted of a theft offense or receiver of stolen property, from any person whom he has reason to suspect or believe to be any of the foregoing or from a senile person.

(b) Every pawnbroker shall immediately report to the police any article or thing pledged or sold to him, or which is sought to be pledged with him, if he has reason to believe that the article or thing was stolen or lost.

(c) No person shall use or provide a fictitious or false name, or address, or other fictitious or false information when selling, pledging or exchanging any article with a pawnbroker.



“767.06 LICENSE.

(a) A pawnbroker, prior to conducting any transaction in this City shall apply for and obtain a license from the Safety-Service Director and/or Chief of Police, the fee for which shall be fifty dollars ($50.00). Such application shall be filed at least seven working days prior to the granting of such license. The term of any such license shall only be valid for the remaining portion of that calendar year, and shall be valid for only that one proposed location stated on the license. The fee for an application for renewal of an existing license shall be thirty-five dollars ($35.00).

(b) Application for the license required by this section shall be made in writing to the Chief of Police and/or Safety-Service Director by the owner, or an officer if the applicant is a corporation, upon forms provided by the Chief of Police and/or Safety-Service Director. The completed application shall include the number of years the applicant has conducted his/her business, all the locations of the said business in the previous twelve months, the home address of the principal owner and of the Manager at the proposed business location in the City and their criminal record(s), stated in particularity, if any. If the applicant is a corporation, the application shall include a copy of its articles of incorporation, the names of the current president, treasurer and secretary of the corporation, its statutory agent, and their criminal record(s) stated in particularity, if any.

(c) No license shall be issued to any person who has been convicted of a felony offense, or of any theft offense as defined in Ohio R.C. 2913.01. The Safety-Service Director and/or Chief of Police may revoke the license for any violation of this Chapter.”


“767.07 WAIVER.


If application for waiver is denied by the Safety-Service Director and/or Chief of Police for being adverse to the health, safety or welfare of the City, the applicant may appeal the Safety-Service Director and/or Chief of Police's denial to Council. Reversal of the Safety-Service Director and/or Chief of Police's denial and granting a waiver requires the approval of Council. The process by which to appeal may be obtained from the Clerk of Council’s Office.”



This Chapter shall not apply to infrequent sales which are conducted as a yard or garage sale, at the residence of the seller, or sales by religious or charitable organizations.”





“767.99 PENALTY.Whoever violates any provision of this Chapter or encourages another to violate any provision of this Chapter, is guilty of a second degree misdemeanor, and is guilty of a first degree misdemeanor if that person has previously been convicted of any violation of this Chapter. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.”

SECTION 11. That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 18 February, 2014




President






BILL #14-046* ORDINANCE# ______________________

BY: MRS. HARING

Amending Section 191.08 of the Mansfield Codified Ordinances of 1997, and declaring an emergency.

WHEREAS, currently, the Mansfield Codified Ordinances provide for the establishment of a income tax appeal hearing process, and

WHEREAS, the City finds it beneficial to the needs of the community to update and revise said Section.

NOW, THREFORE, BE IT ORDAINED BY THE COUNCIL OF THE

CITY OF MANSFIELD, STATE OF OHIO:

SECTION 1: That Section 191.08 of the Mansfield Codified Ordinances of 1997, be, and the same is hereby, enacted to read as follows:

“191.08 ADMINISTRATION; FINANCE DIRECTOR'S DUTIES. The taxes imposed and levied pursuant to the provisions of this chapter, shall be administered by such deputies and clerks within the Finance Director's Department as may be from time to time determined by Council of the City of Mansfield. The Finance Director shall prescribe the form of accounts and reports to be rendered to his office and the form and method of keeping accounts within the income tax office. The Finance Director shall be charged with the internal audit of all accounts and returns including the correction of the returns. The Finance Director shall make rules, regulations (other than those adopted by Council), decisions and amendments, or changes thereto, necessary regarding the operation of the tax. Any person dissatisfied with any ruling or decision made by the Finance Director may appeal therefrom to the Board of Tax Appeals which shall be comprised of the Finance Director, the City Law Director, and one member of Council designated by Council, and a member of the public appointed by Council. The member of the public shall serve without compensation a term of two years and shall have significant tax preparation experience. For the purposes of this ordinance, yearly preparation of one’s personal taxes shall not constitute “significant tax preparation experience.” The Finance Director shall have the opportunity to present advice on the matter before the Board of Tax Appeals. Such appeal shall be within thirty days from the date of such ruling or decision. Appeals may be taken from the decisions of the Board of Tax Appeals to a court of competent jurisdiction within thirty days from the announcement of the Board's ruling or decision. The Finance Director shall have the authority to deem accounts as uncollectible and write them off once all efforts to require the filing or collection of the tax have been exhausted. The Finance Director shall demand, collect, and receive the tax imposed by this chapter. The Finance Director shall keep an accurate record showing the amount received from each taxpayer and the date of said receipt. The Finance Director shall make a written report to Council each quarter of all monies collected hereunder during the preceding quarter.”

SECTION 2: That by reason of the immediate necessity for establishing an ordinance reflecting the duties of the Finance Director of the City of Mansfield, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 3 March 2014

1st Reading 18 March 2014

2nd Reading 1 April 2014

PASSED 15 April 2014 SIGNED /s/ Phillip E. Scott

President






Council Only – Vote BILL #14-047* ORDINANCE# ______________________

BY: MR. VAN HARLINGEN

Amending Section 941.06(e) of the Mansfield Codified Ordinances of 1997 concerning water meter costs.

WHEREAS, currently, the Mansfield Codified Ordinances provide for the establishment of a water meter replacement schedule, and

WHEREAS, the cost of water meters has risen since the ordinance was last updated, and




SECTION 1: That Section 941.06(e) of the Mansfield Codified Ordinances of 1997, be, and the same is hereby, enacted to read as follows:

“(e) The standard charge for the replacement of frozen meters and stolen meters shall be according to the following schedule: Frozen Meters (Replacements) without connections Meter Size (inches) Charge 5/8 $60.00 1 115.00 1 ½ 250.00 2 300.00 3 Larger Costs plus 15% Stolen Meters $65.00 plus cost of radio if required.

The standard charge for the replacement of frozen or stolen meter shall be the current cost of the meter to the City of Mansfield plus the cost of any auxiliary devices such as remote radios if necessary.”

SECTION 2: That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 4 March 2014

1st Reading 18 March 2014

2nd Reading 1 April 2014

PASSED 15 April 2014 SIGNED /s/ Phillip E. Scott

President






BILL #14-058* ORDINANCE #______________

BY: MRS. HARING

Enacting Chapter 769, Precious Metal Dealers, of the Mansfield Codified Ordinances of 1997 to establish regulations and license requirements for precious metal dealers.

WHEREAS, the Mansfield Division of Police may enter into a contract for services for an electronic reporting system in order to enhance its investigative services to protect both precious metal dealers and members of the general public, and

WHEREAS, all precious metal dealers prior to conducting any transaction in this City shall apply for and obtain a license which shall require the use of an electronic reporting system, and


NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF

OHIO:



(a) For purposes of this Chapter "precious metal dealer" means a person who is engaged in the business of purchasing articles made of or containing gold, silver, platinum, or other precious metals or jewels of any description if, in any manner, including any form of advertisement or solicitation of customers, the person holds himself, herself, or itself out to the public as willing to purchase such articles which have previously been used, worn or owned by another person.

(b) A person who is operating as a precious metal dealer in the City, shall post in a conspicuous place in or upon his shop, store, wagon, boat, motor vehicle, or other place of business, a sign having his name and occupation legibly inscribed thereon. Such person shall also post in the same place his license certificate and copy of this entire Chapter.

(c) “Gift card” means a certificate, electronic card, or other medium issued by a merchant that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card, or other medium for goods, food, services, credit or money of at least an equal value, including any electronic card issued by a merchant with a monetary value where the issuer has received payment for the full monetary face value of the certificate for the future purchase or delivery of goods and services. “Gift card” does not include a prepaid calling card used to make telephone calls.

(d) “Pledge” means a bailment of personal property as security for a debt, with the holder of the pledge having implied power of sale on default.

(e) “Actual knowledge” means a fact to which an individual knows or has reasonable cause to believe at the time of a transaction.”



(a) The Mansfield Division of Police may enter into a contract for services and maintain its contract for services with LeadsOnline or a similar entity in order to enhance its investigative services to protect both precious metal dealers and members of the general public. Every precious metal dealer shall operate and maintain a computer system with internet access for the purposes described herein. Every precious metal dealer shall subscribe to LeadsOnline or the City’s current electronic reporting system and maintain said subscription throughout the term of the precious metal dealer’s business license. Every precious metal dealer shall provide an electronic record utilizing the LeadsOnline electronic reporting system or the electronic system then in use by the City. Such report shall enter and upload all information from its books and records regarding contracts for purchase, pledges and purchase transactions of any item containing any precious metal to LeadsOnline or a similar system as soon as reasonably possible after the transaction is consummated. Every precious metal dealer shall input information to every data field supported by the LeadsOnline or similar system. In the event the electronic reporting system malfunctions or is otherwise not operational, the precious metal dealer shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions that would have otherwise been entered in the electronic reporting system and shall submit such records to the Mansfield Division of Police within twenty-four (24) hours of such transaction during the non-operational period. The written records shall contain all information required on the electronic reporting system. If any article that is left on deposit, pledged or purchased has engraved thereon a number, word or initials or contains settings of any kind, the description of the article in the report shall contain the number, word or initials engraved and shall describe the setting of the item and the number of each kind. In the event of a change to its electronic reporting system, the City shall notify all precious metal dealers in the City of the change within a reasonable time prior to such change.

(b) No item shall be received unless the person from whom the article is acquired exhibits a driver’s license or state-issued identification card and the identifying numbers are recorded on the electronic report. Whenever the dealer has reason to know or believe the seller, purchaser or exchangor is under eighteen years of age, he must require that person to produce sufficient articles of identification to establish his age.

(c) This Section shall apply in those instances where the article purchased or received by the dealer is any article containing any precious metal or jewel which have previously been used, worn or owned by another person.

(d) Every entry shall be numbered consecutively, commencing with number one. No entry shall be erased, obliterated or defaced.

(e) All books or records which are required to be maintained as a result of this Section shall be open to inspection by the Chief of Police or his designee immediately, at any time during hours of operation. Upon demand by the Chief or his designee, the precious metal dealer shall also produce and show the article or articles thus listed and described.”



(c) A person licensed as a precious metal dealer shall, furnish a list of every article taken in pawn or bought by such precious metal dealer the previous day by uploading such list to the LeadsOnline or similar system program via a secure internet connection.

(d) A person licensed as a precious metal dealer shall, every day furnish a photograph of every article of jewelry, precious metal or stone, regardless of value, taken in pawn or bought by such precious metal dealer the previous day by uploading the photograph to the LeadsOnline or similar system program via a secure internet connection.”



(a) All articles as provided in this Chapter shall be retained by the purchaser thereof for at least five days, before disposing of them, in an accessible place, in the confines where such articles were purchased or received. No article may be changed, altered, smelted or defaced during this period. Articles may be released, prior to five days, upon inspection and approval by the Chief of Police or any police officer designated by him. The five day waiting period may be waived by an authorized person after inspection or voluntary submittal of records to an authorized Law Enforcement Officer.

(b) If any Law Enforcement Officer has probable cause to believe that the item(s) described in the daily list provided for under this Chapter is stolen property, the Law Enforcement Officer shall notify the precious metal dealer in writing, and upon receipt of such notice, the precious metal dealer shall retain such item(s) until the expiration of a reasonable period of time to conduct an investigation has elapsed, such time shall not be less than thirty (30) days after the day on which the precious metal dealer is first required to make available the information required in the daily list provided for under this Chapter, unless the Law Enforcement Officer notifies the precious metal dealer in writing that retention is not required until such expiration.”


“769.05 PROHIBITED PURCHASES; CUSTOMERS.

(a) No dealer shall purchase or exchange any article from any person under eighteen years of age, from any intoxicated person or any person under the influence of drugs and/or alcohol for which the dealer has actual knowledge, from any person he has actual knowledge to have been convicted of a theft offense or associate of any person he has actual knowledge to have been convicted of a theft offense or receiver of stolen property, from any person whom he has reason to suspect or believe to be any of the foregoing or from a senile person.

(b) Every dealer shall immediately report to the police any article or thing pledged or sold to him; or which is sought to be sold to him, if he has reason to believe that the article or thing was stolen or lost.

(c) No person shall use or provide a fictitious or false name or address, or false or fictitious information when selling or exchanging any article with a precious metal dealer.



“769.06 LICENSE.

(a) A precious metal dealer, prior to conducting any transaction in this City, shall apply for and obtain a license from the Safety-Service Director and/or Chief of Police, the fee for which shall be fifty dollars ($50.00). Such application shall be filed at least seven working days prior to the granting of such license. The term of any such license shall only be valid for the remaining portion of that calendar year, and shall be valid for only that one proposed location stated on the license. The fee for an application for renewal of an existing license shall be thirty-five dollars ($35.00).

(b) Application for the license required by this Section shall be made in writing to the Chief of Police and/or Safety-Service Director by the owner, or an officer if the applicant is a corporation, upon forms provided by the Chief of Police and/or Safety-Service Director. The completed application shall include the number of years the applicant has conducted this business, all the locations of this business in the previous twelve months, the home address of the principal owner and of the manager at the proposed business location in the City and their criminal record(s), stated in particularity, if any. If the applicant is a corporation, the application shall include the names of the president, treasurer and secretary of the corporation, and their criminal record(s) stated in particularity, if any.

(c) No license shall be issued to any person who has been convicted of a felony offense, or of any theft offense as defined in Ohio R.C. 2913.01. The Safety-Service Director and/or Chief of Police may revoke the license for any violation of this Chapter.

(d) Notwithstanding any provision of this Chapter to the contrary, a person or entity holding a license as a pawnbroker or secondhand dealer may act as a precious metal dealer without being separately license pursuant to this Chapter. Pawnbrokers and secondhand dealers are subject to all the requirements imposed upon the conduct of persons holding a regular precious metal dealer’s license with respect to any articles that the pawnbroker or secondhand dealer purchases made of or containing gold, silver, platinum, or other precious metal or jewels of any kind.”


“769.07 WAIVER.


If application for waiver is denied by the Safety-Service Director and/or Chief of Police for being adverse to the health, safety or welfare of the City, the applicant may appeal the Safety-Service Director and/or Chief of Police's denial to Council. Reversal of the Safety-Service Director and/or Chief of Police's denial and granting a waiver requires the approval of Council.

The process by which to appeal may be obtained from the Clerk of Council’s Office.”



(a) This Chapter shall not apply to infrequent sales which are conducted as a yard or garages sales, at the residence of the seller, or sales by religious or charitable organizations.

(b) This Chapter shall not apply to any purchase of an article that is made of or contains gold, silver, platinum, or other precious metal or jewels of any description if both the buyer and seller, or the respective agents, brokers, or other intermediaries of both the buyer and seller, deal in such articles or otherwise by their respective occupations, or by their respective avocations as collectors, speculators, or investors, hold themselves out as having knowledge or skill peculiar to such articles or the practices involved in their purchase or sale.

(c) This Chapter shall not apply to national banks, state banks, credit unions, or savings and loan associations.

(d) This Chapter does not apply to any purchase of coins, hallmark bars, registered ingots, and other items as numismatic objects, and not for their content of precious metals.

(e) This Chapter does not apply to any purchase made under the supervision of a probate court from the estate of a decedent.

(f) This Chapter does not apply to any individual or entity which is not required to be licensed as a precious metal dealer by the Ohio Revised Code.”





“769.99 PENALTY.

Whoever violates any provision of this Chapter or encourages another to violate any provision of this Chapter, is guilty of a second degree misdemeanor, and is guilty of a first degree misdemeanor if that person has previously been convicted of any violation of this Chapter. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.”

SECTION 11. That this measure shall take effect and be in force after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 18 March, 2014

1st Reading 1 April, 2014

2nd Reading


President







BILL #14-074* ORDINANCE # ____________________

BY: MRS. PENDER

Authorizing the Safety-Service Director to advertise for bids and enter into a contract for the sale of City-owned real estate located at 1 Cardinal Avenue to the highest and best bidder, and declaring an emergency.

WHEREAS, the City of Mansfield owns the real property located at 1 Cardinal Avenue, and the City has no further use for said property, and

WHEREAS, the Safety-Service Director, as the person having supervision or management of said property, has determined that said property is no longer needed for any municipal purposes, and has recommended that it be sold.

NOW, THEREFORE, BE IT ORDAINED BY THE

COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to advertise for bids once a week for five (5) consecutive weeks as required by law for the sale of the property located at 1 Cardinal Avenue, Mansfield, Richland County, Ohio, and to enter into a contract for such sale with the highest bidder and to take all other actions and execute any other documents necessary to consummate said sales transaction. This property shall be sold in its present “AS IS” condition without any warranties or representation following the receipt of sealed bids from prospective purchasers, and the City may sell said property to the highest bidder acceptable to the Safety-Service Director, with the Safety-Service Director reserving the right, within her sole discretion, to reject any and all bids. SECTION 2. That the proceeds from the sale of said real property shall be used for the reconditioning of Johns Park. SECTION 3. That by reason of the immediate necessity for advertising for and receiving bids for the sale of said property and thereby expediting the receipt of the sales proceeds and relieving the City for the responsibility for the maintenance and care of said property, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1 April, 2014


2nd Reading


President





* Publication required.

Council Only – 1st Reading

BILL #14-075* ORDINANCE # ____________________

BY: MRS. HARING

Renaming the Enforcement and Education Fund (#218) to the Indigent Drivers Alcohol Monitoring Fund, and

declaring an emergency.

WHEREAS, the Ohio Legislature passed legislation in 1990, requiring the establishment by a municipal corporation of certain special Revenue Funds, i.e. Indigent Drivers Alcohol Treatment Fund, and Enforcement and

Education Fund for designated purposes under the revised law, and

WHEREAS, more recently the Ohio Legislature passed legislation requiring the renaming and reestablishing of the aforementioned fund (Amended Substitute Senate Bill 17, 127th General Assembly), and

WHEREAS, the Finance Director must establish such Special Revenue Funds in accordance with procedures set forth by the Auditor of State for accounting purposes.

NOW, THEREFORE, BE IT ORDAINED BY THE

COUNCIL OF THECITY OF MANSFIELD, STATE OF OHIO:

SECTION 1. That establishment by the Finance Director of a new Special Revenue Fund (Indigent Drivers Alcohol Monitoring Fund) as required to account for funds received through the enforcement and implementation of newly enacted provisions of the Ohio Traffic Laws, is hereby approved.

SECTION 2. That by reason of the necessity to provide proper accounting for revenue being received through the courts for new Ohio traffic law enforcement programs effective at once, this measure is determined to be an emergency

Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.

Caucus 1 April 2014

1st Reading 15 April 2014

2nd Reading 6 May 2014

PASSED 20 May 2014 SIGNED /s/ Phillip E. Scott

President





* Publication required.

Caucus & Council - Vote

BILL #14-077 ORDINANCE # ____________________ BY: MR. MEARS

Authorizing payment, of the claim of Ed Newmeyer, 1360 Silver Lane, Mansfield, Ohio, and declaring an emergency.

WHEREAS, a request for assistance has been filed against the City of Mansfield by Ed Newmeyer for damage to a mailbox when hit by a City snow plow, and

WHEREAS, upon investigation by City employees and others, discussions with the owner and based upon verified documentation, the Claims Committee of City Council has recommended payment of said request upon the terms hereinafter set forth.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Finance Director be, and she is hereby, authorized to draw her warrant on Fund 101.06.01, Claims Against the City, Other Charges classification in favor of Ed Newmeyer in the sum of Sixty-four and 18/100 Dollars ($64.18), which shall constitute a full and complete satisfaction for any and all claims and damages which said Ed Newmeyer, his heirs, administrators, executors, legal representatives assigns ever had, now have or may hereafter have against the City of Mansfield for the damage to a mailbox while hit by a City snow plow on or about January 30, 2014. SECTION 2. That receipt of such draft of the City is conditioned upon execution of a full release from liability from any and all claims and damage which the claimant, his heirs administrators, executors, legal representatives successors and assigns have, ever had, now have, or may hereafter have against the City of Mansfield for damage, injury or loss to person or property caused as indicated in Section 1 above. SECTION 3. That a copy of this Ordinance shall be served upon the claimant at the time of the delivery of said warrant. SECTION 4. That in order to pay this claim at the earliest possible time, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 15 April, 2014


2nd Reading


President of Council






BILL #14-078 ORDINANCE # ____________________ BY: MR. MEARS

Authorizing payment, on a partial assistance basis, of the request of Michael Hill, 1338 Tiffany Drive, Mansfield, Ohio, and declaring an emergency.

WHEREAS, a request for assistance has been filed against the City of Mansfield by Michael Hill arising from a sewer backup at 1338 Tiffany Drive, Mansfield Ohio, and

WHEREAS, upon investigation by City employees and others, discussions with the owner and based upon verified documentation, the Claims Committee of City Council has recommended a payment of said request upon the terms hereinafter set forth.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Finance Director be, and she is hereby, authorized to draw her warrant on Organization Set 503.99.99 Sewer Fund, Non-Departmental, Expenditures, Other Charges, classification in favor of Michael Hill in the sum of Five Hundred Eighty-four and 07/100 Dollars ($584.07), which shall constitute a full and complete satisfaction for any and all claims and damages which said Michael Hill, his heirs, administrators, executors, legal representatives assigns ever had, now have or may hereafter have against the City of Mansfield for any and all damage at1338 Tiffany Drive, Mansfield, Ohio, allegedly caused by a sewer backup on or about February 12, 2014. SECTION 2. That receipt of such draft of the City was conditioned upon execution of a full release from liability from any and all claims and damage which the claimant, his heirs administrators, executors, legal representatives successors and assigns have, ever had, now have, or may hereafter have against the City of Mansfield for damages allegedly caused by the sewer backup as set forth in Section 1 hereof. Said release shall provide that such payment is a compromise of a doubtful and disputed claim and such payment shall not be constructed as an admission of liability on the part of the City and its officers, employees and agents as set forth in Section 1 above. SECTION 3. That a copy of this Ordinance shall be served upon the claimant at the time of the delivery of said warrant. SECTION 4. That in order to pay this claim at the earliest possible time, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 15 April, 2014

1st Reading 15April, 2014

2nd Reading


President of Council






BILL #14-080 ORDINANCE #_____________________ BY: MRS. HARING

Appropriating the sum of Twelve Thousand Nine Hundred Eighty Dollars ($12,980) from the unappropriated Parks and Recreation Fund (#236) to the Parks and Recreation Operations Contractual Services Classification, and declaring an emergency.

BE IT ORDAINED BY THE COUNCIL OF THE


SECTION 1. That the sum of Twelve Thousand Nine Hundred Eighty Dollars ($12,980) be, and the same is hereby, appropriated from the unappropriated Park and Recreation Fund (#236) to the Parks and Recreation Operations (236.18.01) Contractual Services Classification. SECTION 2. That being an appropriation necessary for current expenses, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor.



2nd Reading


President





Caucus Only


Appropriating the sum of One Thousand Five Hundred Dollars ($1,500) from the unappropriated Safety Town Fund (#708) to the Police Operations Supplies Classification, and declaring an emergency.



SECTION 1. That the sum of One Thousand Five Hundred Dollars ($1,500) be, and the same is hereby, appropriated from the unappropriated Safety Town Fund (#708) to the Police Operations (708.15.01) Supplies Classification. SECTION 2. That being an appropriation necessary for current expenses, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor.


1st Reading 6 May, 2014

2nd Reading

PASSED 6 May, 2014 SIGNED /s/ Phillip E. Scott

President





Caucus Only


Appropriating the sum of Sixty Thousand Dollars ($60,000) from the unappropriated Sewer/Street Opening Fund (#803) to the Codes and Permits Operations Other Charges Classification, and declaring an emergency.



SECTION 1. That the sum of Sixty Thousand Dollars ($60,000) be, and the same is hereby, appropriated from the unappropriated Sewer/Street Opening Fund (#803) to the Codes and Permits Operations (803.13.01) Other Charges Classification. SECTION 2. That being an appropriation necessary for current expenses, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor.



2nd Reading 20 May, 2014

PASSED 3 June, 2014 SIGNED /s/ Phillip E. Scott

President






BILL #14-083 ORDINANCE #___________________

BY: MRS. HARING Authorizing the Safety-Service Director to accept the 2014 Marine Patrol Assistance Grant from the Ohio Department of Natural Resources, Division of Watercraft in the amount of Twenty-eight Thousand Eight Hundred Twenty-eight Dollars and 83/100 Dollars ($28,828.83) for use at the Clearfork Reservoir and to execute an Agreement therefor, and declaring an emergency.

WHEREAS, the City of Mansfield has been offered a grant from the Ohio Department of Natural Resources, Division of Watercraft, for the purpose of establishing and/or maintaining and operating a marine patrol program to enforce the watercraft laws of Oho as set forth in Chapters 1547 and 1548 of the Ohio Revised Code and to enforce such regulations, rules and ordinances that pertain to the operation of watercraft, and to provide emergency response to boating accidents on the water.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE


SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to accept the 2014 Ohio Department of Natural Resources, Division of Watercraft in the amount of up to Twenty-eight Thousand Eight Hundred Twenty-eight Dollars and 83/100 Dollars ($28,828.83) to be used at the Clearfork Reservoir, with the local share of the patrol costs to be at least Nine Thousand Six Hundred Eleven and 53/100 Dollars ($9,611.53), and to execute a Marine Patrol Assistance Agreement therefor and all other necessary documentation pertaining thereto.

SECTION 2. That by reason of the immediate necessity for accepting said 2014 Marine Patrol Assistance Grant without delay so that said funds are available for the upcoming boating season, this measure is determined to be an emergency Ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor.



2nd Reading


President



APPROVED AS TO FORM: John R. Spon Law Director City of Mansfield, Ohio

Caucus Only

BILL #14-084 ORDINANCE # _____________________ BY: MRS HARING

Authorizing the Safety-Service Director to accept and appropriate funding from the Ohio Drug Law Enforcement Fund (DLEF) grant in the amount of Two Hundred Fifty Thousand Dollars ($250,000) from the Ohio Department of Public Safety Office of Criminal Justice Services (OCJS), and declaring an emergency.

WHEREAS, the primary purpose of the Grant Program is to assist in providing funds to local law enforcement agencies, specifically to address drug law enforcement, and

WHEREAS, Subgrant Number 2013-DL-LEF-5808 awarded to the City under the Ohio Drug Law Enforcement Fund (DLEF) grant program will provide funds to continue to address the existing and anticipated consequences of illegal drug activity in the area, and

WHEREAS, it is in the best interest of the City of Mansfield, Ohio, to avail itself of the opportunities provided by this program and to participate with complete commitment.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MANSFIELD, STATE OF OHIO: SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to accept funding in the amount of Two Hundred Fifty Thousand Dollars ($250,000) from the the Ohio Department of Public Safety Office of Criminal Justice Services (OCJS), and to execute all documents pertaining thereto. SECTION 2. That the sum of Two Hundred Fifty Thousand Dollars ($250,000) be, and the same is hereby, appropriated from the unappropriated Grant Fund (#224) to the following classifications within METRICH operations (224.15.51)

Personal Services $41,879.00

Employee Benefits $23,857.00

Contractual Services $111,620.00

Capital Outlay $58,614.00

Supplies $8,940.00

Other Charges $5,090.00

Total $250,000.00

SECTION 3. That being an appropriation necessary for current expenses, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor. Caucus 15 April, 2014


2nd Reading

PASSED 6 May, 2014 SIGNED /s/ Phillip E. Scott

President




Caucus Only

BILL #14-085 ORDINANCE #__________________ BY: MRS. HARING

Authorizing the Safety-Service Director to accept and appropriate donations from various donors in the amount of Ten Thousand Six Hundred Dollars ($10,600) to be used for the Police K-9 unit, and declaring an emergency.



SECTION 1. That the Safety-Service Director be, and she is hereby, authorized to accept the following funds in the aggregate amount of Ten Thousand Six Hundred Dollars ($10,600), for which the City expresses its sincere appreciation to the following donors: $8,500 from the Richland County Prosecutor $ 100 from Richland Lumber

$1,000 from the Fraternal Order of Police Lodge #32 $1,000 from the Fraternal Order of Police Association Inc. 70 Mansfield

SECTION 2. That the Sum of Ten Thousand Six Hundred Dollars ($10,600) be, and the same is hereby, appropriated from the unappropriated K-9 Fund (#232) to the following Classifications within the K-9 Fund (232.15.01).

Classification Amount

Contractual Services $600

Capital Outlay $10,000

Total $10,600

SECTION 3. That being an appropriation necessary for current expenses, this Ordinance shall take effect and be in full force immediately upon its passage and approval by the Mayor.



2nd Reading 20 May, 2014

PASSED 3 June, 2014 SIGNED /s/ Phillip E. Scott

President





Caucus Only

BILL #14-086* ORDINANCE# ______________________

BY: MRS. HIGHTOWER

Amending Section 549.10 of the Mansfield Codified Ordinances of 1997 concerning guns in public places,

and declaring an emergency.

WHEREAS, the City was recently made aware that some of the Mansfield Codified Ordinances were out of date and in conflict with Ohio Revised Code § 9.68, and




SECTION 1: That Section 549.10 of the Mansfield Codified Ordinances of 1997, be, and the same is hereby, amended to read as follows:

“549.10 CARRYING OF DANGEROUS WEAPONS. (a) No person shall knowingly carry, transport or have ready at hand in or upon any public place any firearm, brass knuckles, blackjack, karate stick, by whatever name known, or any switchblade knife, spring knife or gravity knife, or any similar device or instrument manufactured, fashioned, designed or used as a dangerous or deadly weapon, or a knife having a blade over two and one-half inches in length which is designed or specially adopted for use as a weapon or is possessed, carried or used as a weapon. (b) As used in this section, "public place" means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall include the front or immediate area of any store, shop, restaurant, tavern, or other place of business, and any street, ground, park or other area where persons may congregate. (c) This section does not apply to officers, agents, or employees of this or any other State or the United States, or to law enforcement officers or certified private security personnel authorized to carry weapons and acting within the scope of their duties. (d) It is an affirmative defense to a charge under this section of carrying or having control of a dangerous or deadly weapon, that the actor was not otherwise prohibited by law from having the weapon and that any of the following apply:

(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while he was engaged in or was going to or from his lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent man in going armed. (2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while he was engaged in a lawful activity, and had reasonable cause to fear a criminal attack upon himself or a member of his family or upon his home, such as would justify a prudent man in going armed. (3) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and if the weapon was a firearm, was carried unloaded and in compliance with the following:

A. In a closed package, box or case; B. In a compartment which can be reached only by leaving the vehicle; C. In plain sight and secured in a rack or holder made for the purpose; D. In plain sight with the action open or the weapon stripped, or if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.

(4) The weapon was being lawfully transported to a school of instruction in the use of such weapons approved by the Chief of Police. (5) If a firearm, the weapon was carried and/or used on a legal firing range, approved by the Municipality or while unloaded at a public firearms display, show or exhibit or while being lawfully transported to such range, display, show or exhibit. (65) The weapon was being carried from the place of purchase or repair to the owner's residence or from his business or residence to the place of purchase or repair.

(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.” SECTION 2: That by reason of the immediate necessity amending Mansfield’s Codified Ordinances to be in compliance with state law, this measure is determined to be an emergency ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 15 April 2014

1st Reading 6 May 2014

2nd Reading


President






Caucus Only

BILL #14-087* ORDINANCE# ______________________

BY: MRS. HIGHTOWER

Amending Section 971.02 of the Mansfield Codified Ordinances of 1997 concerning guns in public places,

and declaring an emergency.

WHEREAS, the City was recently made aware that some of the Mansfield Codified Ordinances were out of date and in conflict with Ohio Revised Code § 9.68, and




SECTION 1: That Section 971.02 of the Mansfield Codified Ordinances of 1997, be, and the same is hereby, amended to read as follows:

“971.02 GENERAL REGULATIONS. The following special regulations set forth in this section and Section 971.03 relating to the use of the waters of, and the land area surrounding, Clearfork Reservoir Lake, are hereby established and adopted: (a) Fishing and Ice Fishing Permitted. All fishing, including ice fishing, must be in accordance with ODNR fishing regulations. Provided that no person shall go upon any frozen water of the lake using a motorized vehicle, for any purpose at any time.

(1) No person shall go upon any frozen water of the lake for any reason other than ice fishing. (b) Boat Fishing. Boat fishing includes the entire area of the Clearfork Reservoir Lake except that area within 500 lineal feet upstream from the dam. (c) Shore Fishing.

(1) Shore fishing is permitted from 1,000 feet upstream from the dam along the south shore to State Route 314, thence east along the north shore to Bowers Road, thence north along the west shore to Orweiler Road. (2) No person shall shore fish on the north shore of the Lake from the dam to Orweiler Road or fish in any area where not permitted.

(d) Watercraft. (1) No person shall cause a watercraft to enter or leave the waters of the Lake, or to be docked, at any point on the shoreline other than areas designated by the City. (2) Watercraft which are unsafe for navigation upon water shall not be permitted upon the Clearfork Reservoir area. (3) The City assumes no liability whatsoever for the safety of watercraft, operators or persons upon watercraft.

(e) Camping. Tents, temporary structures, trailers and camping shall be lawful only in areas designated by the City. (f) Swimming. Swimming or wading on any of the Lake area upstream from the dam is prohibited. (g) Dam and Spillway. No person shall enter upon the dam, spillway, abutments or in or upon any of the buildings or structures connected to or used in conjunction therewith, or within 1,000 feet upstream from the dam or within the area bounded by Lexington-Ontario Road, Gass Road and State Route 97, and the east shore line. (h) Property Destruction. No person shall destroy, injure, mutilate or remove any tree, bush, shrub or any other property, real or personal. (i) Fires. No person shall kindle, start or maintain a fire or have a picnic except in picnic. areas designated by the City. (j) Signs. No person shall erect, construct, post, maintain or display signs of any character or nature except parking, picnic and other signs authorized by the City. (k) Garbage; Water Pollution. No person shall deposit any garbage, rubbish or trash in trash barrels other than trash generated or originating in the fishing and picnic areas, and no person shall deposit garbage, trash or rubbish in the waters or upon the lands of the Clearfork Reservoir area, or shall in any way or manner cause pollution of the waters or lands of the Clearfork Reservoir area. (l) Animals. No person shall have a dog, animal or other pet within any park or picnic area unless upon a

leash. (m) Firearms. No person shall have in his possession or under his control any rifle, pistol or other sidearm or a firearm of any nature whatsoever, except a shotgun or a long-bow, when within the Clearfork Reservoir Lake area. (nm) Hunting. No person shall hunt on the south shore of the Reservoir Lake in the area bound by Gass Road on the east, by Bowers Road on the west and by State Route 97 on the south. (on) Intoxicants. No person shall be in possession or control of an open container of an alcoholic beverage or be found in a state of intoxication or, being intoxicated, shall disturb the peace and good order, or shall conduct himself in a disorderly manner within the Clearfork Reservoir Lake area. (po) Horseback Riding. No person shall ride a horse, or permit a horse to be, on any area of the Clearfork Reservoir Lake area except the main roads of the area as designated by the Public Works Director.”

SECTION 2: That by reason of the immediate necessity amending Mansfield’s Codified Ordinances to be in compliance with state law, this measure is determined to be an emergency ordinance for the immediate preservation of the public peace, health, safety and welfare of the City of Mansfield and its inhabitants and providing it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect be in force immediately upon its adoption, otherwise from and after the earliest time allowed by law, after its passage and approval by the Mayor. Caucus 15 April 2014

1st Reading 6 May 2014

2nd Reading


President






mansfield proposed legislation

Documents