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ADOPTING ORDINANCE NO. 1300
AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER; AND TO DECLARE AN EMERGENCY.
WHEREAS, the Council of the Village of Loudonville, 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 Justinian Publishing 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of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF LOUDONVILLE, STATE OF OHIO:
SECTION 1. That the ordinances of the Village of Loudonville, 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 Loudonville, Ohio, 1973.
One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk-Treasurer, attached to this ordinance as a part hereof, and filed with the permanent records of the Village of Loudonville, 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enacted prior to September 3, 1973, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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) Those portions of former Part Three - the Traffic Code and Part Five - the General Offenses Code of the Codified Ordinances of Loudonville, 1961, which will not be repealed until January 1, 1974, the effective date of 1972 H 511, the recent revision of the State Criminal Code;
(11) Any legislation enacted subsequent to September 3, 1973.
SECTION 3. That pursuant to Ohio R.C. 731.23, the Clerk-Treasurer shall publish, in a manner required by law, a notice of the enactment of this ordinance, containing the title of this ordinance, together with a summary of the new matter contained in the Codified Ordinances hereby adopted, a copy of which summary is attached hereto. All sections and subsections of the Codified Ordinances with the words “Adopting Ordinance” or with no history at the end thereof are new matter in the Codified Ordinances.
SECTION 4. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, property, health and safety of the Village for the reason that it is necessary to have a current codification of the legislation of the Village to properly provide for the administration of government and to assure law and order in the Village, for which reasons this ordinance, including the Codified Ordinances hereby adopted, shall take effect and be in force upon and after its passage, save and except those sections and subsections in Part Four - the Traffic Code and Part Six - the General Offenses Code, which are identical or substantially identical to that State law which is to become effective on January 1, 1974 (1972 H 511), as amended. Such sections shall become effective on the same day as 1972 H 511, as amended, i.e., January 1, 1974.
The following sections and subsections shall not become effective until January 1, 1974:
408.01 to 408.03
434.01(d) and (e)
606.01 to 606.16
624.01 to 624.05
630.01 to 630.03
636.01 to 636.12
642.01 to 642.24
648.01 to 648.04
648.06 to 648.09
666.01 to 666.16
672.01 to 672.10
698.01 to 698.06
SECTION 5. That in the interim period September 3, 1973 through December 31, 1973, the Village shall continue to enforce those portions of former Part Three - the Traffic Code and Part Five - the General Offenses Code of the Codified Ordinances of Loudonville, 1961, which will not be repealed until January 1, 1974, by virtue of 1972 H 511.
PASSED: November 5, 1972 /s/ M.D. Shilling
M.D. Shilling, Mayor
/s/ Ruth E. Ferris
Ruth E. Ferris, Clerk-Treasurer
/s/ Alan G. Scheaffer
Alan G. Scheaffer, Director of Law
CODIFIED ORDINANCES OF LOUDONVILLE, OHIO