ORDINANCE NO. 12-2003
AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES, PROVIDING FOR THE ADOPTION AND PUBLICATION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation has completed its annual updating and revision of the Codified Ordinances of the Village of Oak Harbor, Ohio; and
WHEREAS, various ordinances of a general and permanent nature have been passed by Council since the date of the previous updating and revision of the Codified Ordinances and have been included in the Codified Ordinances of the Village; and
WHEREAS, certain changes were made in the Codified Ordinances to bring Village law into conformity with State law, and
WHEREAS, it is necessary to provide for the usual daily operation of the Village and for the immediate preservation of the public peace, health, safety and general welfare of the Village that this Ordinance takes effect at an early date;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF OAK HARBOR, OTTAWA COUNTY, OHIO:
Section 1. That the editing, arrangement and numbering or renumbering of the following ordinances and parts of ordinances are hereby approved as parts of the various component codes of the Codified Ordinances of the Village so as to conform to the classification and numbering system of the Codified Ordinances:
Ord. or Res. No. Date C.O. Section
02-2001 1-2-01 T.S.O. I
04-2001 3-19-01 50.057
06-2001 3-19-01 50.071
08-2001 4-16-01 97.10, 97.11, 97.25, 97.27, 97.30
09-2001 4-2-01 50.057
10-2001 5-21-01 T.S.O. III
13-2001 5-21-01 38.02 - 38.05, 38.07, 38.10, 38.11
14-2001 5-21-01 T.S.O. VIII
15-2001 6-18-01 T.S.O. VI
17-2001 7-16-01 T.S.O. III
19-2001 9-17-01 96.01
03-2002 3-4-02 T.S.O. III
04-2002 3-4-02 T.S.O. III
11-2002 6-3-02 Repealing 32.40 - 32.42
17-2002 8-5-02 93.271
18-2002 8-5-02 31.25 - 31.30
21-2002 8-19-02 T.S.O. III
22-2002 9-3-02 38.01 - 38.16
23-2002 9-3-02 72.70
25-2002 11-4-02 T.S.O. VII
26-2002 11-18-02 37.01
27-2002 1-6-03 153.005, 153.021, 153.043, 153.046, 153.047, 153.050, 53.167, 153.231, 153.232, 153.241, 153.256, 153.257, 153.266, 153.281, 153.282, 153.285, 153.291, 153.336, 153.361, 153.500 - 153.510
01-2003 1-21-03 T.S.O. III
Section 2. That the following sections of the Codified Ordinances are or contain new matter in the Codified Ordinances and are hereby approved, adopted and enacted:
10.03, 30.02, 33.21, 33.23, 35.02, 36.01 to 36.06, 70.01, 71.10, 72.14, 72.64, 72.82, 74.40, 91.01, 91.03, 91.06, 92.01, 92.04, 92.07, 92.17, 92.21, 92.22, 92.25, 130.02, 130.99, 131.01, 131.10, 131.14, 132.04, 132.06, 132.08, 132.09, 133.01, 133.03, 133.10, 135.06, 135.15, 135.16, 135.18, 136.01, 136.02, 136.07, 136.15, 137.08, 138.01, 138.02, 138.11, 138.13, 139.04
Section 3. That the following sections are hereby repealed:
92.10, 133.04
Section 4. That all ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the new matter adopted in Section 2 of this ordinance are hereby repealed as of the effective date of this ordinance except as follows:
(a) The enactment of such sections and subsections 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 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 any legislation enacted subsequent to December 31, 2000.
Section 5. That pursuant to Ohio R.C. 731.23 the Clerk of Council shall publish the number, title and date of passage of this ordinance, together with a summary of the new matter approved, adopted and enacted by this ordinance, which summary is attached hereto as Exhibit A, twice on the same day of two successive weeks in a newspaper of general circulation within the Village, and, further, shall post a certified copy of this ordinance, together with such summary, for at least fifteen days in a public place in the Village Hall.
Section 6. That all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this Council; and that all deliberations of this Council and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including Ohio R.C. Section 121.22.
Section 7. This ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare of the people of this Village, and shall take effect at the earliest date provided by law.
Thomas C. Leaser /s/
Thomas C. Leaser, Mayor
Attest:
Sandra Baumgartner /s/ Sandra Baumgartner, CMC, Fiscal Officer
Adopted: June 2, 2003
EXHIBIT A
SUMMARY OF NEW MATTER CONTAINED IN THE 2003 S-3 SUPPLEMENT FOR THE CODIFIED ORDINANCES OF OAK HARBOR, OHIO
New matter in the 2003 S-3 Supplement for the Codified Ordinances of Oak Harbor, Ohio, includes legislation regarding:
Section New or amended matter regarding:
10.03 Rules of construction.
30.02 Qualifications; oaths.
33.21 Acts in contempt of court.
33.23 Contempt action for failure to pay support, failure to comply or interference with a visitation order; summons.
35.02 Fire Chief; Fire Prevention Officer; employment of firefighters.
36.01 Definitions regarding civil actions against the municipality.
36.02 Nonliability of municipality; exceptions.
36.03 Defenses and immunities.
36.04 Limitation of actions.
36.05 Damages.
36.06 Satisfaction of judgments.
70.01 Definition of vehicle.
71.10 License suspended or revoked by court of record.
72.14 Operation of electric personal assistive mobility devices
72.64 Occupant restraining devices.
72.82 Restrictions on the operation of school buses.
74.40 Permit required to exceed load limits.
91.01 Definitions regarding fireworks.
91.03 Permit to use fireworks.
91.06 Exhibition without a license; prohibitions for exhibitions.
92.01 Definitions regarding intoxicating liquor.
92.04 Restriction on sale of beer and liquor.
92.07 Open container prohibited; exceptions.
92.17 Hours of sale or consumption.
92.21 Sale to underage persons prohibited.
92.22 Keeping place where beer or intoxicating liquors are sold in violation of law.
92.25 Poisonously adulterated liquors.
130.02 Definitions regarding general offenses.
130.99 Penalty for Title XIII.
131.01 Definitions regarding offenses against property.
131.10 Unauthorized use of property or access to computer systems.
131.14 Prima facie evidence of purpose to defraud.
132.04 Disorderly conduct.
132.06 Misconduct at an emergency.
132.08 Inducing panic.
132.09 Making false alarms.
133.01 Definitions regarding sex offenses.
133.03 Sexual imposition.
133.10 Disseminating matter harmful to juveniles.
135.06 Menacing; aggravated menacing; menacing by stalking.
135.15 Interference with custody; interference with support orders.
135.16 Domestic violence.
135.18 Contributing to unruliness or delinquency of a child.
136.01 Definitions regarding offenses against justice and administration.
136.02 Falsification.
136.07 Obstructing justice.
136.15 Assaulting police dog, house, or handicapped assistance dog.
137.08 Underage purchase of firearm or handgun.
138.01 Definitions regarding drug offenses.
138.02 Trafficking in controlled substances; gift of marihuana.
138.11 Laboratory report required.
138.13 Use, possession, or sale of drug paraphernalia.
139.04 Illegal distribution of cigarettes or other tobacco products; vending machines; transaction scans.