ADOPTING ORDINANCE

ORDINANCE NO. 12-1990

ENACTING A REVISED CODE OF ORDINANCES FOR THE CITY OF FOREST PARK, OHIO RECODIFYING, RENUMBERING, REVISING, AND REARRANGING SECTIONS OF THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY, ADDING NEW MATTER, REPEALING VARIOUS ORDINANCES, AND DECLARING AN EMERGENCY

WHEREAS,   the present Code of Ordinances of the City of Forest Park is inadequately arranged in regard to titles, topics, and subject matter, some sections being now insufficient in form and substance for the proper preservation of the public peace, health, safety, and welfare of the city and for the proper conduct of its affairs, and said Code of Ordinances being unsupplemented and, therefore, not current for many years, and

WHEREAS,   the American Legal Publishing Company, Inc. in cooperation with the Department of Law has completed the recodifying, renumbering, revising, and rearranging of the general and permanent ordinances of the City in printed form pursuant to an agreement with said Company, and

WHEREAS,   in the interest of certainty with respect to ordinance provisions and to comply with law it is deemed necessary forthwith to publish such recodification, renumbering, revision, and rearrangement of said ordinances in book form as the Forest Park Revised Code of Ordinances, and

WHEREAS,   it is necessary to provide for the usual daily operation of the municipal departments, and for the immediate preservation of the public peace, health, and safety that this ordinance take effect at an early date.

NOW, THEREFORE, Be It Ordained by the Council of the City of Forest Park, Ohio.

SECTION 1.

   REVISION AND RECODIFICATION. The general and permanent ordinances of the City are revised, rearranged, recompiled, and renumbered as to section.

SECTION 2.

   ADOPTION OF REVISED CODIFIED ORDINANCES.

   A.   The general and permanent ordinances of the City, so revised, rearranged, recompiled, and renumbered as to section and recodified, in form the same as that on file in the office of the Clerk of Council bearing number the same as this ordinance, are hereby approved, adopted, and enacted, and the same shall be printed and published in book form, and when so printed, published and assembled in book form and certified as correct by the Clerk of Council, shall be admitted in evidence and accepted by the courts and all persons as to the existence, effectiveness and regularity of all enactments to published in said book form, as of the effective date designated herein.

   B.   One copy of the Forest Park Revised Code of Ordinances, upon certification as to the correctness thereof in such book form by the Clerk of Council, shall be kept in its initial form on file in the office of the Clerk of Council and retained as a permanent ordinance record of the City.

SECTION 3.

   EFFECTIVE DATE. The Forest Park Revised Code of Ordinances, consisting of various titles as hereinbefore and therein designated, and all provisions thereof, shall take effect and be in force, at, on and after 12:01 a.m. o'clock, Daylight Savings Time, May 22, 1990.

SECTION 4.

   OTHER AMENDMENTS AND SUPPLEMENTS. The Revised Code of Ordinances may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of this Council to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Forest Park Revised Code of Ordinances so that any reference to the Forest Park Revised Code of Ordinances shall be understood and construed as including the Forest Park Revised Code of Ordinances, and any and all such amendments and supplements thereto.

SECTION 5.

   FORM OF AMENDMENT OR SUPPLEMENT. All amendments and supplements enacted as a part of the Forest Park Revised Code of Ordinances shall be integrated therewith by following the form of arrangement and plan hereby and therein adopted. Each title shall be subdivided into chapters, and each chapter shall be sub-divided into sections.

SECTION 6.

   HOW KNOWN AND CITED. This adopting ordinance, the Revised Code of Ordinances of the City of Forest Park, Ohio hereby adopted and any and all amendments and supplements which may be adopted as hereinbefore provided, as any such may exist from time to time, shall be known and referred to as the Forest Park Revised Code of Ordinances, and any component title of the Forest Park Revised Code of Ordinances shall be known and referred to either as "the code", "this code", "component code", or as designated in Section 1 hereof, and sections of the Forest Park Revised Code of Ordinances may be referred to and cited in the form "F.P.R.C.O." as may be applicable and appropriate to any section or sections.

SECTION 7.

   MASTER COPY. The Clerk of Council in addition to the book form copy in its initial form to be kept on file in his/her office pursuant to Section 1 hereof, shall keep a complete master copy in book form, and in connection therewith or attached thereto in such form and manner as he/she may determine to be most easily available for most easy reference, a copy of all amendments and supplements bearing such title, chapter or section designations as may be proper. If in doubt as to such designation, the Clerk of Council shall be guided by the advice of the Director of Law.

SECTION 8.

   INTERPRETATION. In the interpretation of any provision of the Forest Park Revised Code of Ordinances, or of any ordinance amending or supplementing the same, general terms, phrases, and expressions therein shall be liberally construed so as to carry out the intent and meaning of this Council, and shall have the meaning commonly ascribed thereto, unless a different meaning is required by the context or to give effect to such ordinances.

SECTION 9.

   SEPARABILITY. Each section and each part of each section of the Forest Park Revised Code of Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby and it is hereby declared to be the legislative intent that the Forest Park Revised Code of Ordinances would have been adopted independently of such section, sections, or part or parts of a section so held to be invalid.

SECTION 10.

   REPEAL OF PRIOR ORDINANCES. The Forest Park Revised Code of Ordinances contains all of the provisions of a general and permanent nature pertaining to the subjects therein enumerated and embraced. All prior ordinances, parts of ordinances and sections of the Code of Ordinances in force immediately prior to the adoption of the updated Forest Park Revised Code of Ordinances on May 22, 1990 at 12:01 a.m., which are incorporated in or pertain to the subjects enumerated and embraced in the Forest Park Revised Code of Ordinances, are hereby repealed.

SECTION 11.

   PRIOR ORDINANCES NOT AFFECTED BY REPEAL. The repeal of ordinances and Code of Ordinances sections as provided in Section 10 hereof shall not affect:

   (1)   All ordinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in the Forest Park Revised Code of Ordinances;

   (2)   Any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before May 22, 1990 at 12:01 a.m.;

   (3)   Any ordinance or resolution, promising or guaranteeing the payment of money to or by the City, authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or any contract or obligation assumed by the City;

   (4)   The administrative ordinances or resolutions of this Council not in conflict or inconsistent with the provisions of the Forest Park Revised Code of Ordinances;

   (5)   Any right or franchise conferred by any ordinance or resolution of this Council to any person or corporation;

   (6)   Any ordinance naming, relocating or vacating any street or public way, or any ordinance identifying stop streets at intersections, one-way streets or any other traffic regulations;

   (7)   Any ordinance levying or imposing taxes, assessments, or charges;

   (8)   Any ordinance fixing salaries, wage rates, fringe benefits, or other emoluments or compensation of the City officers and employees;

   (9)   Any prosecution, suit or other proceeding pending, or any judgment rendered on or prior to May 22, 1990 at 12:01 p.m.

   (10)   Any ordinance which may be adopted by this Council after May 22, 1990 at 12:01 a.m.

SECTION 12.

   PUBLICATION.

   A.   The Clerk of Council, having caused the Titles of the Revised Code of Ordinances with their component chapters and sections to be printed, and having assembled all of such Titles as the Revised Code of Ordinances of the City of Forest Park, Ohio, for certification as correct by the Clerk of Council, shall have on file one such complete set of Revised Code of Ordinances in its initial form with this Adopting Ordinance as provided in Section 13.08. The Clerk shall deliver such complete set of the component titles to the City Manager, the Directors of Heads of City Departments, and the Hamilton County Law Library Association, and a complete set being furnished to each member of this Council.

   B.   The Clerk of Council is authorized to sell to the public to the extent they are not needed by the City organization, the complete set of books comprising the Forest Park Revised Code of Ordinances, separately by volume, or by the component title, as well as supplements hereafter published, at such prices as the Clerk of Council may from time to time determine, considering overhead, handling and other related costs of the City. The Clerk of Council is also authorized to exchange copies of the Forest Park Code of Ordinances with other cities extending like courtesy to the City of Forest Park, Ohio.

   C.   The Clerk of Council shall prepare and distribute periodically, the amendments and supplements to the Forest Park Revised Code of Ordinances, which shall be prepared and published no less than once per year insofar as is possible and practicable.

SECTION 13.

   For the reasons stated in the preamble hereof, this ordinance is declared to be an emergency measure and shall take effect from and after the earliest date allowed by law.

      Passed this 21st day of May, 1990.

                  Joseph Ragase /s/

                  Mayor

Joanne Lee /s/

Clerk of Council (acting)

APPROVED AS TO FORM:

John Wykoff /s/

Law Director