ADOPTING ORDINANCE NO. 3-99

AN ORDINANCE TO APPROVE AND ADOPT THE 1998 CODIFIED ORDINANCES INCLUDING NEW MATTER CONTAINED THEREIN, AND DECLARING AN EMERGENCY.

WHEREAS, the City has previously determined that it would be in its best interest to revise and reprint the City Code, and

WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane 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recodification of such ordinances together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council, now, therefore:

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PAINESVILLE, LAKE COUNTY, OHIO:

   SECTION I. That the ordinances of the City of Painesville, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 1998 Codified Ordinances of the City of Painesville, Ohio, are hereby approved and adopted.

   SECTION II. That the provisions of this Ordinance, including all provisions of the 1998 Codified Ordinances, shall be in full force and effect as provided in Section VI. All ordinances and resolutions or parts thereof, enacted prior to November 1, 1998, which are in conflict or inconsistent with any provision of the 1998 Codified Ordinances, are hereby repealed as of the effective date of this Ordinance except as follows: the enactment of the 1998 Codified Ordinances shall not be construed to affect a right or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 provisions, nor to affect an indictment or prosecution thereof. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and recodification.

   SECTION III. That any section of the 1998 Codified Ordinances without a legislative history at the end thereof indicates that such section contains new matter enacted by this Adopting Ordinance. The publication of this Ordinance in the manner provided by the City Charter shall constitute sufficient publication of all new matter contained therein.

   SECTION IV. The following chapters of the 1983 Codified Ordinances are deemed to be obsolete or inapplicable to current City operations and are hereby repealed:

Chap. 153. Board of Health.

Chap. 159. Community Development Advisory Board.

Chap. 163. Cable Television Advisory Committee.

Chap. 165. City Investment Advisory Committee.

Chap. 1333. Fire Limits.

   SECTION V. The following sections of the Traffic, General Offenses and Fire Prevention Codes were amended in the manner respectively indicated to comply with current State law:

Traffic Code

   303.041   Emergency, Public Safety and Coroner’s Vehicles Exempt. (Amended)

   331.15      Hand and Arm Signals. (Amended)

   331.21      Right of Way of Public Safety or Coroner’s Vehicle. (Amended)

   331.39      Driving Across Grade Crossing. (Amended)

   331.99      Operation Generally Penalty. (Amended)

   333.99      DUI Penalty. (Amended)

   335.11      Use of License Plates. (Amended)

   335.99      Penalty. (Amended)

   337.10      Lights on Slow-Moving Vehicles. (Amended)

   337.16      Number of Lights. (Amended)

   337.22      Windshield and Windshield Wiper. (Amended)

   351.04      Handicapped Parking. (Amended)

General Offenses Code

   513.01      Drug Abuse Control Definitions. (Amended)

   513.03      Controlled Substance Possession or Use. (Amended)

   513.11      Possessing Nitrous Oxide In Vehicle. (Amended)

   525.01      Law Enforcement and Public Office Definitions. (Amended)

   525.02      Falsification. (Amended)

   525.09      Resisting Arrest. (Amended)

   529.07      Open Container Prohibited. (Amended)

   533.01      Obscenity and Sex Offenses Definitions. (Amended)

   537.03      Assault. (Amended)

   537.12      Misuse of 9-1-1 System. (Amended)

   537.14      Domestic Violence. (Amended)

   537.15      Temporary Protection Order. (Amended)

   549.07      Underage Purchase of Firearm. (Amended)

   549.10      Possessing Replica Firearm in School. (Added)

Fire Prevention Code

   1519.01   Definitions. (Amended)

   1519.02   Public Exhibition Permit Required. (Amended)

   1519.03   Unlawful Conduct by an Exhibitor. (Amended)

   1519.04   Possession, Sale or Discharge Prohibited. (Amended)

   1519.05   Application. (Amended)

   SECTION VI. That this Ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the immediate necessity to adopt a new City Code to facilitate the administration and daily operation of City government and avoid practical and legal entanglements, and therefore, this ordinance shall become effective immediately upon its passage.

PASSED: February 16, 1999

/s/                                     

President of Council

ATTEST:

/s/                                         

Clerk of Council