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Garfield Hts, bad gun laws, and jail time for feeding cats

Posted: Tue Jul 30, 2019 9:22 pm
by MyWifeSaidYes
So, a 79-year old widowed resident of Garfield Heights was recently sentenced to 10 days in the lovely Cuyahoga County Jail, a facility with a rich history.

While that story is not 2A or 9.68 related, I tend to check the codified ordinances of Ohio towns that make the news...and there they were:

Ordinance 549.021 and Ordinance 549:022
549.021 POSSESSING DEADLY WEAPONS ON PUBLIC PROPERTY.
(a) No person shall knowingly have in his possession or ready at hand any deadly weapon while on public property or in a public building.
(b) For the purpose of this section, public property and public buildings shall include but not be limited to parks, playgrounds, beaches, marinas, courthouses, auditoriums, stadiums, office buildings, jails, storage areas and yards, plants and works and any other property, building or structure owned, leased or rented by governmental unit, to schools and other learning institutions, whether public, private or parochial, and to churches, synagogues and other places of worship.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police commissions, and acting within the scope of their duties, or if the deadly weapon was part of a public weapons display, show or exhibition or was in the possession of a person participating in an organized match, competition or practice session on public property, or in a public building.
(d) Whoever violates this section is guilty of possessing deadly weapons on public property, a misdemeanor of the first degree, and shall be fined not less than three hundred dollars ($300.00), nor more than one thousand dollars ($1,000) and imprisoned for not less than three days, nor more than six months. No part of this sentence shall, in any case whatsoever, be suspended or otherwise reduced.
(Ord. 30-1992. Passed 6-8-92.)
549.022 POSSESSING CERTAIN WEAPONS AT OR ABOUT PUBLIC PLACES.
(a) No person shall knowingly carry, have in his possession or ready at hand any handgun, pellet gun, BB gun, dangerous ordnance, knife having a blade three and one-half inches in length or longer, brass knuckles, cestus, billy, karate stick, blackjack, sword or saber while at or about a public place.
(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 also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business, and any grounds, areas or parks where persons would congregate.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police commissions, and acting within the scope of their duties.
(d) This section shall not apply if:
(1) Any weapon in subsection (a) hereof was concealed by the person;
(2) Any weapon in subsection (a) hereof was part of a public weapon display, show or exhibition, or was in the possession of a person participating in an organized match, competition or practice session.
(e) It is an affirmative defense to a charge under this section that the action was not otherwise prohibited by law from possessing the weapon, and that the weapon was kept ready at hand by the actor for defense purposes, while he was engaged in his lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to a criminal attack, such as would justify a prudent man in having the weapon ready at hand.
(f) Whoever violates this section is guilty of possessing certain weapons on or about public places, a misdemeanor of the first degree, and shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000) and imprisoned for not less than three days, nor more than six months. No part of this sentence shall, in any case whatever, be suspended or otherwise reduced.
(Ord. 30-1992. Passed 6-8-1992.)

Re: Garfield Hts, bad gun laws, and jail time for feeding ca

Posted: Wed Jul 31, 2019 7:35 am
by pirateguy191
She's not going to jail.

Re: Garfield Hts, bad gun laws, and jail time for feeding ca

Posted: Wed Jul 31, 2019 11:35 am
by steves 50de
pirateguy191 wrote:She's not going to jail.
I would hope not.

Re: Garfield Hts, bad gun laws, and jail time for feeding ca

Posted: Wed Jul 31, 2019 12:02 pm
by DontTreadOnMe
She's getting a new hearing, but the city says she's been getting citations since 2015. From https://www.cnn.com/2019/07/30/us/feedi ... index.html" onclick="window.open(this.href);return false;
Segula was convicted after her first citation in 2015 and was sentenced to two years of probation in 2017 after various citations, including having too many animals and not disposing of the waste that was often found in her neighbors' yards, Riley said.
She was told not to feed the strays anymore, but he says that request was ignored.
At a probation hearing in May, she received a 10-day jail sentence that was suspended with the understanding that she would no longer feed the animals.
The most recent citation asked her to appear in court after more complaints came in about the animals. She admitted feeding the cats and was sentenced to the jail time, starting August 11, for contempt of court.
Riley said 22 cats have been removed from Segula's home.
However, Segula is getting another day in court. Garfield Heights Municipal Court Judge Jennifer Weiler was supposed to hear her case last week but was away, and the magistrate took over. Weiler told WJW that she has ordered a new hearing so she can hear from both sides.
22 cats taken from her home. She keeps feeding feral cats which causes more of them to show up / breed / become neighborhood nuisance / eventually starve. Feral cats are a problem and now she's become a problem for the rest of her neighbors. I don't want the lady to go to jail either, but after 4 years and failed promises to the court to stop her behavior -- what are other options? Honest question.