ORDINANCE NO. 13 - 2018

AN ORDINANCE

   TO APPROVE THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO APPROVE, ADOPT, ENACT AND PUBLISH NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; AND TO REPEAL ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY.

   WHEREAS, American Legal Publishing has completed its annual updating and revision of the Codified Ordinances of the Village; and

   WHEREAS, various ordinances and resolutions of a general and permanent nature that have been passed by Council since the date of the last updating and revision of the Codified Ordinances (January 17, 2017) 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 resolutions and parts of ordinances and resolutions 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. No.         Date               CO. Section

         1-2017         2-6-17                T.S.O. III

         3-2017         2-21-17             40.01 - 40.07

         4-2017         8-7-17                138.16

         6-2017         6-5-17                T.S.O. III

         7-2017         8-7-17                52.57, 53.091

         8-2017         8-7-17                50.078

         9-2017         10-16-17             Adopting Ordinance

   SECTION 2. That the following sections are or contain new matter in the Codified Ordinances and are hereby approved, adopted and enacted:

   34.15, 70.01, 72.42, 73.01, 92.04, 92.07, 131.10, 135.13, 137.13, 138.01

   SECTION 3. That all ordinances and resolutions and parts thereof that are in conflict with any of the provisions of the new matter approved, adopted and enacted by Section 2 hereof are hereby repealed, except as follows:

      (a)   The enactment of such new matter 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 or to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purposes of revision and recodification

      (b)   The repeal provided above shall not affect any legislation enacted subsequent to October 16, 2017.

   SECTION 4. That this ordinance is hereby declared to be an emergency measure necessary for the public peace, health and welfare of the residents of the Village of Oak Harbor in that it is necessary to have an up-to-date Code of Ordinances, one that is consistent with State law, as required by Article XVIII, Section 3, of the Constitution, with which to administer the affairs of the Village, ensure law and order, and avoid practical and legal entanglements, wherefore this ordinance, and the 2018 S-17 Supplement for the Codified Ordinances of the Village, hereby approved, adopted and enacted, shall take immediate effect upon its due authentication of the Mayor and Village Fiscal Officer, respectively.

Passed: September 4, 2018

                                     /s/ Don Douglas

                                    Don Douglas, Mayor

/s/ Henry Jarrett  

Henry Jarrett, Fiscal Officer

Dated: September 4, 2018

First Reading: September 4, 2018

Second Reading: September 17, 2018

Third Reading: October 1, 2018

EXHIBIT A

SUMMARY OF NEW MATTER IN THE 2018 S-17 SUPPLEMENT FOR THE

CODIFIED ORDINANCES OF OAK HARBOR

   New matter in the Codified Ordinances of Oak Harbor, as contained in the 2018 S-17 Supplement therefor, includes legislation regarding:

Section   New or amended matter regarding:

34.15      Peace officer administering oaths; acknowledging complaints, summonses, affidavits and returns of court orders.

70.01      Definitions.

72.42      Operation of personal delivery device on sidewalks and crosswalks.

73.01      Driving under the influence of alcohol or drugs.

92.04      Restrictions on sale of beer and liquor.

92.07      Open container prohibited; exception.

131.10   Unauthorized use of property or access to computer systems.

135.13   Nonsupport of dependents.

137.13   Concealed handgun licenses: possession of a revoked or suspended license; additional restrictions; posting of signs prohibiting possession.

138.01   Definitions relating to drugs.