ADOPTING ORDINANCE NO. 81-23

AN ORDINANCE TO APPROVE, ADOPT AND RE-ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY, AS AMENDED.

   WHEREAS the Council of the City of St. Marys, Ohio, has had the matter of codification and general revision of the ordinances before it for some time; and

   WHEREAS it has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such codification; and

   WHEREAS the codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council;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 St. Marys, Ohio:

   SECTION 1. That the ordinances of the City of St. Marys, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and reenacted as the Codified Ordinances of St. Marys, Ohio, 1981.

   One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk of Council, attached to this ordinance as a part hereof, and filed with the permanent records of the City of St. Marys, Ohio.

   SECTION 2. That the provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect from and immediately after passage of this Ordinance and its approval by the Mayor. All ordinances and resolutions or parts thereof enacted prior to April 12, 1981, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows:

   (a)    The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provisions 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 the 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 modification.

   (b)    The repeal provided above shall not affect:

      1.    The grant or creation of a franchise, license, right, easement or privilege.

      2.    The purchase, sale, lease or transfer of property.

      3.    The appropriation or expenditure of money or promise or guarantee of payment.

      4.    The assumption of any contract or obligation.

      5.    The issuance and delivery of any bonds, obligations or other instruments of indebtedness.

      6.    The levy or imposition of taxes, assessments or charges.

      7.    The establishment, naming, vacating or grade level of any street or public way.

      8.    The dedication of property or plat approval.

      9.    The annexation or detachment of territory

      10.    Any legislation enacted subsequent to April 12, 1981.

   SECTION 3. That pursuant to Ohio R.C. 731.21 and 731.23 the Clerk of Council shall cause to be published in a manner required by law this Adopting Ordinance together with a summary of the new matter contained in the codification adopted hereby.

   SECTION 4. Wherefore this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of St. Marys and the inhabitants thereof, for the reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements, it shall take effect and be in force immediately upon its passage.

   Passed this 27th day of July 1981

               William J. Stewart

                President of Council

ATTEST:

Ruth Makley

Clerk of Council

Approved by the Law Director this 27th day of July , 1981.

               Kraig E. Noble

               Law Director

Approved this 27th day of July 1981.

               Robert E. Ballenger

               Mayor

CONTENTS

PRELIMINARY UNIT

Comparative Section Table

Tables of Special Ordinances

CODIFIED ORDINANCES OF ST. MARYS, OHIO

   PART ONE - Administrative Code

   PART THREE - Traffic Code

   PART FIVE - General Offenses Code

   PART SEVEN - Business Regulation Code

   PART NINE - Streets, Utilities and Public Services Code

   PART ELEVEN - Planning and Zoning Code

   PART THIRTEEN - Building Code

   PART FIFTEEN - Fire Prevention Code

EDITOR'S NOTE

   The arrangement and numbering of the Codified Ordinances into component codes, titles, chapters and sections are based on an adaptation of the decimal numbering system which is similar to that used in the Ohio Revised Code, and in accord with the best accepted practice in instituting a codification. Each section is self-identifying as to code, chapter and section number. For example, 305.06 indicates that the code number is 3, the chapter number is 305 (or the 5th chapter within code 3), and the section number is .06. The code and chapter numbers appear left of the decimal, with the code number preceding the first two digits left of the decimal, and the chapter number being all digits left of the decimal. The section number appears right of the decimal. As another example, 113.10 indicates the code number is 1, the chapter number is 113 (or the 13th chapter within code 1), and the section number is .10.

   This numbering system has the advantage of inherent flexibility in allowing for an almost endless amount of expansion. Codes, titles and chapters initially are odd-numbered, thus reserving the use of even numbers for future legislation. Sections within chapters are consecutively numbered, except that penalty provisions are usually assigned the number .99 as used in the Revised Code. Newly created sections subsequent to the original codification may be indicated by three digits right of the decimal in the event the law properly belongs between two consecutively numbered sections. For example, newly created 575.061, 575.062 and 575.063 follow 575.06 and precede 575.07 to be placed in their logical position.

   Section histories enable a user to trace the origin of the law contained in the section. The history indicates the derivation by reference to either its passage date and the ordinance number originally assigned to it at that time, or to its inclusion in any prior code. Sections without histories indicate that the section contains new matter which was ordained by the Adopting Ordinance which enacts the Codified Ordinances.

   The Comparative Section Table is included to show the disposition of every ordinance included in the Codified Ordinances. It indicates whether a given ordinance was consolidated with another into one section or split into two or more sections. Cross references direct the user to subject matter reasonably related to material contained within a given chapter.