ADOPTING ORDINANCE NO. 0-72-3

AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF THE CITY OF AMHERST, LORAIN COUNTY, OHIO; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY.

   WHEREAS, the Council of the City of Amherst, Ohio, has had the matter of codification and general revision of the Ordinances before it for some time, and

   WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification, and

   WHEREAS, the codification of such ordinances together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AMHERST, COUNTY OF LORAIN, STATE OF OHIO:

   SECTION 1:    That the ordinances of the City of Amherst, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters, and sections are hereby approved, adopted and enacted as the Codified Ordinances of Amherst, Ohio, 1971.

   SECTION 2:    That one book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk of Council, attached to this Ordinance as a part hereof, and filed with the permanent ordinance records of the City of Amherst, Ohio.

   SECTION 3:    That the provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect from and immediately after passage of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to October 24, 1971, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows:

   (a)    The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect prosecution therefor. For such purposes, any such legislative provision shall continue in full force and effect notwithstanding its repeal for the purpose of revision and recodification.

(b)    The repeal provided above shall not affect:

(1)    The grant or creation of a franchise, license, right, easement or privilege.

      (2)    The purchase, sale, lease or transfer of property.

      (3)    The appropriation or expenditure of money or promise or guarantee of payment.

      (4)    The assumption of any contract or obligation.

      (5)    The issuance and delivery of any bonds, obligations or other instruments of indebtedness.

      (6)    The levy or imposition of taxes, assessments or charges.

      (7)    The establishment, naming, vacating or grade level of any street or public way.

      (8)    The dedication of property or plat approval.

      (9)    The annexation or detachment of territory.

      (10)    Ordinance 0-71-21, passed August 9, 1971.

      (11)    Any legislation enacted subsequent to October 24, 1971.

   SECTION 4: That the Clerk of Council, pursuant to Ohio Revised Code 731.23, shall cause to be published in a manner required by law a summary of the new matter contained in the Codified Ordinances. All sections of the Codified Ordinances without a previous ordinance or resolution history at the end thereof indicate that the section contains new matter ordained by this Adopting Ordinance.

   SECTION 5.   This Ordinance is an emergency measure for the health and welfare of the citizens of Amherst, the emergency being that there exists an urgent need for the earliest publication and distribution of the Codified Ordinances to the officials of this City, so as to facilitate administration, daily operation and avoid legal entanglements;

WHEREFORE, this Ordinance shall be in full force and effect immediately upon its passage and approval.

PASSED February 28, 1972

ATTEST /s/ Patricia E. Myers

APPROVED February 28, 1972       PRESIDENT /s/ William Bruce

   /s/ Anthony J. DePaola

   MAYOR

APPROVED AS TO FORM BY:

___________________________

/s/ Thomas S. O'Neill, Solicitor

CONTENTS

PRELIMINARY UNIT

Comparative Section Table

Tables of Special Ordinances

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      CODIFIED ORDINANCES OF AMHERST, OHIO

      PART ONE - Administrative Code

      PART THREE - Traffic Code

      PART FIVE - General Offenses Code

       PART SEVEN - Business Regulation Code

      PART NINE - Streets and Public Services Code

      PART ELEVEN - Planning and Zoning Code

      PART THIRTEEN - Building Code

      PART FIFTEEN - Fire Prevention Code