ADOPTING ORDINANCE

   AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES OF THE VILLAGE OF BOSTON HEIGHTS, OHIO; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; AND TO PUBLISH THE ENACTMENT OF NEW MATTER HEREIN.

   WHEREAS, the Council of the Village of Boston Heights, Ohio, has had the matter of recodification 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 recodification; and

   WHEREAS, the recodification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;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 Village of Boston Heights, State of Ohio:

Section 1: That the ordinances of the Village of Boston Heights, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Boston Heights, Ohio, 1988.

   One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Village Clerk, attached to this ordinance as a part hereof, and filed with the permanent records of the Village of Boston Heights, Ohio.

Section 2: That the provisions of this ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 4 of this ordinance. All ordinances and resolutions or parts thereof enacted prior to February 16, 1988, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 provisions 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 the violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force 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)   Any legislation enacted subsequent to February 16, 1988.

Section 3: That pursuant to Ohio R.C. 731.23 and 731.25, the Village Clerk shall post copies of the Codified Ordinances along with a copy of this ordinance in the five public places as provided by Section 123.01 of the Codified Ordinances. All sections of the Codified Ordinances without a previous ordinance or resolution history at the end thereof indicate that the sections contain new matter ordained by this adopting ordinance.

Section 4: That this ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety, and for the further reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the Village, so as to facilitate administration, daily operation and avoid practical and legal entanglements. Wherefore, this ordinance shall take effect from and after its passage.

PASSED 12/14/88

/s/ Raymond McFall

MAYOR

/s/ Sherril Reese   

CLERK-TREASURER

CONTENTS

Preliminary Unit

Comparative Section Table

CODIFIED ORDINANCES OF BOSTON HEIGHTS, OHIO

       PART ONE -    Administrative Code

       PART THREE -    Traffic Code

       PART FIVE -    General Offenses Code

       PART SEVEN -    Business Regulation Code

       PART NINE -    Streets, Utilities and Public Services Code

       PART ELEVEN -    Planning and Zoning Code

       PART THIRTEEN - Building Code

       PART FIFTEEN -    Fire Prevention Code