ADOPTING ORDINANCE 93-1985

Presented by: Law Director Lawrence

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 Tallmadge, Ohio, has had the matter of codification and general revision of the ordinances before it for sometime; 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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before Council;

   NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tallmadge, Ohio:

Section 1. That the ordinances of the City of Tallmadge, 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 Tallmadge, Ohio, 1985.

   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 Tallmadge.

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thereof enacted prior to May 13, 1985, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows: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 be so 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 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 May 13, 1985.

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 Tallmadge 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 IN COUNCIL THIS 11th DAY OF JULY, 1985.

ATTEST: Frances Cochran       Paul A. Warzinski

    Clerk of Council        President of Council

Filed with the Mayor: July 11, 1985   Approved:

Robert S. Merriman

Mayor

CONTENTS

PRELIMINARY UNIT

Comparative Section Table

CODIFIED ORDINANCES OF TALLMADGE, OHIO

      CHARTER

      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