ORDINANCE NO. 04-2004
INTRODUCED BY:          
REQUESTED BY:          
   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, 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, now therefore:
BE IT ORDAINED by the Council of the Village of Oak Harbor, 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
   03-2003   3-3-03   T.S.O. III
   06-2003   5-5-03   T.S.O. III
   07-2003   5-19-03   T.S.O. III
   08-2003   5-19-03   T.S.O. III
   09-2003   5-19-03   T.S.O. III
   12-2003   6-2-03   Adopting Ordinance
   19-2003   11-17-03   T.S.O. III
   20-2003   11-17-03   T.S.O. V
   21-2003   12-1-03   53.088
   22-2003   12-1-03   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:
30.08, 32.25, 33.01, 34.02, 34.03, 35.02, 36.01, 36.02, 36.03, 36.04, 36.05, 36.06, 36.07, 70.01 - 70.04, 70.06, 70.08, 70.30, 70.33, 70.36, 70.37, 70.99, 71.01 - 71.28, 71.99, 72.01 - 72.67, 72.80 - 72.89, 73.01 - 73.02, 73.05 - 73.07, 73.10, 73.11, 73.13 - 73.23, 73.25, 73.27 - 73.30, 74.01 - 74.43, 75.02 - 75.06, 76.01, 76.02, 76.04 - 76.06, 90.10, 90.13, 90.22, 91.40, 130.02, 130.03, 130.99, 131.01, 131.03, 132.12, 133.01, 133.08, 133.10, 133.99, 134.01 - 134.13, 135.03, 135.06, 135.14, 135.16, 135.18, 135.23, 136.02, 136.13, 138.01 - 138.08, 138.13, 139.02
   Section 3.   That the following sections are hereby repealed:
71.13, 72.65
   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 4, 2003.
   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 it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees on or after November 25, 1975, that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Ohio R.C. Section 121.22.
   Section 7. That this ordinance is deemed to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety and for the further reason that it will update the codification of the legislation of the Village, consistent with the Village Charter and with State law, where and as required by Article XVIII, Section 3, of the Ohio Constitution, with which to administer the affairs of the Village, enforce law and order and avoid practical and legal entanglements. Wherefore, this Ordinance and the 2004 S-4 Supplement for the Codified Ordinances hereby approved, adopted and enacted, shall take effect and be in force from and after the earliest period allowed by law and upon signature of the Mayor.
   Passed this 5th day of April , 2004.
 
Attest:                     Approved:
/s/ Sandra Baumgartner             /s/ Thomas C. Leaser
                                                   
Approved as to form:
/s/ Vickie B. Ruffing   
      EXHIBIT A
   SUMMARY OF NEW MATTER CONTAINED IN THE 2004 S-4 SUPPLEMENT FOR THE CODIFIED ORDINANCES OF OAK HARBOR, OHIO
New matter in the 2004 S-4 Supplement for the Codified Ordinances of Oak Harbor, Ohio, includes legislation regarding:
Section   New or amended matter regarding:
30.08   Public records available.
32.25   Contracts by the Legislative Authority or Administrator.
33.01   Jurisdiction in ordinance cases and traffic violations.
34.02   Appointment of Marshal; residency requirement waived.
34.03   Deputy marshals and police officers.
35.02   Fire Chief; Fire Prevention Officer; employment of firefighters; criminal records check for 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.
36.07   Provision of employees' defense; consent judgments.
70.01   Definition of vehicle.
70.02   Compliance with order of police officer.
70.03   Emergency vehicles to proceed cautiously past red or stop signal.
70.04   Exceptions generally; emergency, public safety and coroner vehicles exempt.
70.06   Prohibitions against pedestrians and slow-moving vehicles on freeways,
70.08   Names of persons damaging real property by operation of vehicle to be provided to owner.
70.30   Obeying traffic-control devices.
70.33   Ambiguous or non-working traffic signals.
70.36   Prohibition against unauthorized signs and signals.
70.37   Prohibition against alteration, defacing, or removal.
70.99   Penalty.
71.01   Display of license plates or validation stickers.
71.02   Improper use of noncommercial motor vehicle.
71.03   Operating motor vehicle ordered immobilized; forfeiture.
71.05   Prohibited acts.
71.06   Prohibition against permitting minor to operate vehicle.
71.07   License required as driver or commercial driver on public or private property.
71.08   Employment of a minor to operate a taxicab prohibited.
71.09   Restriction against owner lending vehicle for use of another.
71.10   License suspended or revoked by court of record.
71.11   Display of license.
71.12   Prohibition against false statements.
71.13   Driving under suspension or in violation of license restriction.
71.14   Operating motor vehicle without valid license.
71.15   Driving under OVI suspension.
71.16   Driving under financial responsibility law suspension or cancellation.
71.17   Failure to reinstate license.
71.25   Prerequisites to operation of commercial motor vehicle.
71.26   Prohibited acts.
71.27   Criminal offenses.
71.28   Employment of drivers of commercial vehicles.
71.99   Penalty.
72.01   Lanes of travel upon roadways.
72.02   Driving through safety zone.
72.03   Vehicles traveling in opposite directions.
72.04   Rules governing overtaking and passing of vehicles.
72.05   Permission to overtake and pass on the right.
72.06   Driving to left of center line.
72.07   Prohibition against driving upon left side of roadway.
72.08   Hazardous zones.
72.09   One-way highways and rotary traffic islands.
72.10   Rules for driving in marked lanes.
72.11   Space between moving vehicles.
72.12   Divided roadways.
72.13   Rules for turns at intersections.
72.14   U-turns and turning in roadway prohibited.
72.15   Rules for starting and backing vehicles.
72.16   Turn and stop signals.
72.17   Hand and arm signals.
72.20   Right-of-way at intersections.
72.21   Right-of-way when turning left.
72.22   Right-of-way at through highways; stop signs; yield signs.
72.23   Stop at sidewalk area.
72.24   Right-of-way on public highway.
72.25   Pedestrian on sidewalk right-of-way.
72.26   Right-of-way of public safety vehicles.
72.27   Funeral procession has right-of-way.
72.28   Pedestrians yield right-of-way to public safety vehicle.
72.29   Pedestrian on crosswalk has right-of-way.
72.30   Right-of-way yielded to blind person.
72.31   Right-of-way yielded by pedestrian.
72.35   Pedestrian movement in crosswalks.
72.36   Pedestrian walking along highway.
72.37   Prohibition against soliciting rides; riding on outside of vehicle.
72.38   Pedestrian on bridge or railroad crossing.
72.39   Persons operating motorized wheelchairs.
72.40   Intoxicated or drugged pedestrian hazard on highway.
72.41   Operation of electric personal assistive mobility devices.
72.45   Stop signs at grade crossings.
72.46   Driving vehicle across railroad grade crossing.
72.47   Vehicles required to stop at grade crossings.
72.48   Slow-moving vehicles or equipment crossing railroad tracks.
72.50   Through highways.
72.55   Obstruction and interference affecting view and control of driver.
72.56   Occupying travel trailer while in motion.
72.57   Prohibition against driving upon closed highway.
72.58   Driving upon sidewalk area or paths exclusively for bicycles.
72.59   Obstructing passage of other vehicles.
72.60   Following an emergency or public vehicle prohibited; approaching stationary public safety vehicle with caution.
72.61   Driving over unprotected fire hose.
72.62   Placing injurious material on highway or depositing litter from motor vehicle.
72.63   Transporting child not in child-restraint system prohibited.
72.64   Occupant restraining devices.
72.66   Operating motor vehicle while wearing earphones or earplugs.
72.67   Chauffeured limousines and livery services.
72.80   Regulations concerning school buses.
72.81   Violation of regulations; report; investigation; citation; warning.
72.82   Restrictions on the operation of school buses.
72.83   School bus inspection.
72.84   School bus not used for school purposes.
72.85   Licensing by Department of Public Safety.
72.86   Registration and identification of school buses.
72.87   School bus marking.
72.88   Flashing light signal lamps.
72.89   Occupant restraining device for operator.
73.01   Driving under the influence of alcohol or drugs.
73.011   Implied consent.
73.012   Physical control of vehicle while under the influence.
73.02   Driving commercial vehicle with impaired alertness or ability; use of drugs.
73.05   Reckless operation of vehicles.
73.06   Reckless operation off streets and highways; competitive operation.
73.07   Operator to be in reasonable control.
73.10   Speed limits.
73.11   Slow speed or stopping.
73.13   Street racing defined; prohibited on public highways.
73.14   Speed regulations on bridges.
73.15   Prohibition against resisting officer.
73.16   Presenting false name or information to officer.
73.20   Exchange of identity and vehicle registration.
73.21   Accident involving injury to persons or property.
73.22   Accident involving damage to realty.
73.23   Failure to report accident.
73.25   Display of certificate of registration.
73.27   Use of unauthorized plates.
73.28   Operating without manufacturer or dealer license plates.
73.29   Operating with number of former owner.
73.30   Resident operating with number issued by foreign state.
74.01   Unsafe vehicles, prohibition against operation.
74.02   Bumpers on motor vehicles.
74.03   Lighted lights required.
74.04   Headlights.
74.05   Tail lights and illumination of rear license plate.
74.06   Red reflectors required.
74.07   Safety lighting of commercial vehicles.
74.08   Stoplight regulations.
74.09   Obscured lights on vehicles.
74.10   Red light or flag required.
74.11   Lights on parked vehicles.
74.12   Lights on slow-moving vehicles; slow-moving vehicle emblem; lights and reflectors on multi-wheel agricultural tractors or farm machinery.
74.13   Spotlight and auxiliary driving lights.
74.14   Cowl, fender, and back-up lights.
74.15   Two lights displayed.
74.16   Headlights required.
74.17   Lights of less intensity.
74.18   Number of lights permitted; red and flashing lights.
74.19   Standards for lights on snow removal equipment and oversize vehicles.
74.20   Flashing lights permitted for certain types of vehicles.
74.21   Lights and sign on transportation for preschool children.
74.22   Focus and aim of headlights.
74.23   Brake equipment; specifications.
74.24   Brake fluid.
74.25   Minimum standards for brakes and components.
74.26   Horns, sirens, and warning devices.
74.27   Mufflers; excessive smoke or gas.
74.28   Rearview mirrors.
74.29   Windshields and wipers.
74.30   Solid tire requirements.
74.31   Requirements for safety glass in motor vehicles; use of tinted glass or reflectorized material.
74.32   Directional signals.
74.33   Installation and sale of seat safety belts required; definition.
74.34   Requirements for extra signal equipment.
74.35   Display of warning devices on disabled vehicles.
74.36   Requirements for vehicles transporting explosives.
74.37   Studded tires; seasonal use permitted.
74.38   Safety inspection decals for buses.
74.40   Permit required to exceed load limits.
74.41   Limitation of load extension on left side of vehicle.
74.42   All loads shall be properly secured.
74.43   Towing requirements.
75.02   Operation of motorized bicycle.
75.03   Rules for bicycles, motorcycles, and snowmobiles.
75.04   Prohibition against attaching bicycles and sleds to vehicles.
75.05   Riding bicycles; motorcycles abreast.
75.06   Equipment of bicycles.
76.01   Prohibition against parking on highways, boulevards, sidewalks, or sidewalk areas on improved streets.
76.02   Condition when motor vehicle left unattended.
76.04   Parking prohibitions.
76.05   Parking near curb; privileges for persons with disabilities.
76.06   Parking on private property in violation of posted prohibition.
90.10   Abandoning animals.
90.13   Cruelty to animals; cruelty to companion animals.
90.22   Rights of blind, deaf, or mobility impaired person with dog trained to assist.
91.40   Unvented heaters.
130.02   Definitions regarding general offenses.
130.03   Classification of offenses.
130.99   Penalty for Title XIII.
131.01   Definitions regarding offenses against property.
131.03   Criminal damaging or endangering; vehicular vandalism.
132.12   Impersonating a peace officer.
133.01   Definitions regarding sex offenses.
133.08   Soliciting; loitering to engage in.
133.10   Disseminating matter harmful to juveniles.
133.99   Sentencing for sexually oriented offenses; sexual predators; registration.
134.01   Definitions.
134.02   Prohibitions against gambling; exception.
134.03   Operating a gambling house.
134.04   Public gaming.
134.05   Cheating.
134.06   Regulations concerning operation of licensed bingo game.
134.07   Bingo records to be kept.
134.08   Requirements for bingo game operators.
134.09   Bingo games for amusement only.
134.10   Prohibitions where instant bingo game is conducted.
134.11   Raffle drawings.
134.12   Instant bingo other than at bingo sessions.
134.13   Restrictions on owner or lessor of location at instant bingo.
135.03   Vehicular homicide; vehicular manslaughter.
135.06   Menacing; aggravated menacing; menacing by stalking.
135.14   Endangering children.
135.16   Domestic violence.
135.18   Contributing to unruliness or delinquency of a child.
135.23   Violating a protection order, consent agreement or anti-stalking protection order or order issued by a court of another state.
136.02   Falsification.
136.13   Illegal conveyance of prohibited items onto grounds of a detention facility or mental health or mental retardation and developmental disabilities facility.
138.01   Definitions regarding drug offenses.
138.02   Trafficking in controlled substances; gift of marihuana.
138.03   Drug abuse.
138.04   Possessing drug abuse instruments.
138.05   Permitting drug abuse.
138.06   Illegal cultivation of marihuana.
138.07   Abusing harmful intoxicants.
138.08   Illegal dispensing of drug samples.
138.13   Use, possession, or sale of drug paraphernalia.
139.02   Spreading contagion.