ORDINANCE NO. 06 - 2021
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 (October 7, 2019) 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
01-2020 02-23-20 T.S.O. II
02-2020 02-23-20 T.S.O. II
04-2020 06-01-20 T.S.O. Ill
05-2020 06-01-20 T.S.O. Ill
06-2020 06-01-20 T.S.O. Ill
10-2020 08-17-20 Adopting Ordinance
16-2020 11-16-20 T.S.O. II
17-2020 11-16-20 T.S.O. II
SECTION 2. That the following sections are or contain new matter in the Codified Ordinances and are hereby approved, adopted and enacted:
30.08, 70.01, 70.39, 71.01, 71.05, 72.42, 72.43, 72.58, 73.28, 75.02, 75.10, 76.04, 90.10, 90.13, 2.14, 90.27, 91.99, 92.01, 92.07, 93.27, 95.02, 130.13, 130.21, 130.99, 131.04, 131.06, 131.34, 132.09, 133.07, 133.08, 133.09, 135.08, 136.12, 137.02, 137.07, 137.10, 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in conflict with any of the provisions of the new matter approved, adopted and enacted by Section 2 hereof are hereby repealed, except as follows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 November 16, 2020.
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 2021 S-20 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: June 21, 2021
/s/ Quinton Babcock
Quinton Babcock, Mayor
/s/ Dana McClanahan
Dana McClanahan, Fiscal Officer
Dated: June 21, 2021
First Reading: June 21, 2021
Second Reading: n/a
Third Reading: n/a
EXHIBIT A
SUMMARY OF NEW MATTER IN THE 2021 S-20 SUPPLEMENT FOR THE CODIFIED ORDINANCES OF OAK HARBOR
New matter in the Codified Ordinances of Oak Harbor, as contained in the 2021 S-21 Supplement therefor, includes legislation regarding:
Section New or amended matter regarding:
30.08 Public records available.
70.01 Definitions related to general traffic code provisions.
70.39 Signal preemption devices; prohibitions.
71.01 Display of license plates or validation stickers.
71.05 Prohibited acts; driver's licenses.
72.42 Operation of personal delivery device on sidewalks and crosswalks.
72.43 Low-speed micromobility devices.
72.58 Driving upon sidewalk area or paths exclusively for bicycles.
73.28 Operating without manufacturer or dealer license plates.
75.02 Operation of motorized bicycle.
75.10 Electric bicycles; general provisions.
76.04 Parking prohibitions.
90.10 Abandoning animals.
90.13 Cruelty to animals; cruelty to companion animals.
90.14 Animal fights.
90.27 Sexual conduct with an animal.
91.99 Penalty related to fireworks; explosives; fire prevention.
92.01 Definitions related to intoxicating liquor.
92.07 Open container prohibited; exception.
93.27 Discarding litter prohibited.
95.02 Impounding motor vehicle on public property; notice; disposition.
130.13 Presumption of innocence; proof of offense; affirmative defense.
130.21 Self defense; limitations on duty to retreat prior to using force.
130.99 Penalty for Title XIII; general offenses.
131.04 Criminal mischief.
131.06 Criminal trespass; aggravated trespass.
131.34 Railroad vandalism; criminal trespass; interference with operation of train; grade crossing device vandalism.
132.09 Making false alarms.
133.07 Procuring; engagement in sexual activity for hire.
133.08 Soliciting; loitering to engage in.
133.09 Prostitution.
135.08 Criminal child enticement; repealed due to unconstitutionality.
136.12 Interfering with civil rights.
137.02 Carrying concealed weapons.
137.07 Unlawful transactions in weapons.
137.10 License or permit to possess dangerous ordnance.
137.13 Concealed handgun licenses: possession of a revoked or suspended license; additional restrictions; posting of signs prohibiting possession.
138.01 Definitions related to drug offenses.