ORDINANCE NO. 05-3193

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF SILVERTON, OHIO REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF SILVERTON DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY

   WHEREAS:   The present general and permanent Ordinances of the City of Silverton require rearranging and recodification for the complete preservation of the public peace, health, safety, and general welfare of the municipality and for the proper conduct of its affairs; and

   WHEREAS:   The General Assembly of the State of Ohio empowers and authorizes the City of Silverton to revise, amend, restate, codify, and compile any existing Ordinances and all new Ordinances not heretofore adopted or published and to incorporate such Ordinances into one Ordinance in book form; and

   WHEREAS:   The City Council has authorized a general compilation, revision, and codification of the Ordinances of the City of Silverton of a general and permanent nature and publication of such Ordinances in book form; and

   WHEREAS:   It is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety, and general welfare of the municipality that this Ordinance take effect at the earliest date possible.

NOW THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE AUTHORITY OF THE COUNCIL OF THE CITY OF SILVERTON, OHIO:

SECTION I.   The general Ordinances of the City of Silverton as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the City of Silverton, Ohio”.

SECTION II.   Such Code of Ordinances as adopted in Section I shall consist of the following Titles:

(See attached Exhibit A)

SECTION III.   All prior Ordinances pertaining to the subjects treated in this Code of Ordinances shall be deemed repealed from and after the effective date of this Ordinance except as they are included and re-ordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance. Nor shall such repeal affect the provisions of Ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places. Further, such repeal affect any other Ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

SECTION IV.   Such Code shall be deemed published as of the day of its adoption and approval by the City Council, and the Clerk-Treasurer is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.

SECTION V.   Such Code shall be in full force and effect as provided in Section VI, and such Code shall be presumptive evidence in all courts and places of the Ordinance and all provisions, sections, penalties, and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

SECTION VI.   This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the citizens of the City of Silverton and shall take effect and be in full force from and after its passage; the reason for the emergency being the need for the amended laws contained in the Code of Ordinances to immediately take effect upon passage so that the preservation of the public peace, health, safety, and general welfare of the municipality and the proper conduct of its affairs can be accomplished.

   PASSED this 19th day of May 2005.

____________________________

James L. Siegel, Mayor

ATTEST:

____________________________

Mark T. Wendling, City Manager            CERTIFICATION:

                        I, Mary Shea, Clerk-Treasurer of the City of Silverton, County of Hamilton, State of Ohio; do hereby certify that there is no newspaper published in said municipality and that publication of the foregoing Ordinance No. 05-3193 has been duly made by posting true copies in five (5) of the most public places in said municipality, as determined by Council as follows: 1) Tamworth Circle & Plainfield Road; 2) Parkview Lane at Railroad; 3) Blue Ash Road & Plainfield Road; 4) Silverton Municipal Building; and 5) Silverton Playfield Entrance & Montgomery Road. Said posting was for a period of fifteen days commencing_____, 2005.

Approved as to form:

___________________________            ____________________________

Bryan E. Pacheco, City Solicitor            Mary F. Shea

                        Clerk-Treasurer of Silverton, Ohio