(a) Reenactment.
(1) No ordinance shall reenact or revive any title, chapter, section, or division of the Xenia City Code unless the new ordinance contains the entire title, chapter, section, or division to be revived, with the reenacted or revived matter indicated by underscoring or by italics.
(2) Any ordinance that is reenacted is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
Statutory Reference: ORC 1.54
(b) Amendments.
(1) When any title, chapter, section, or division of the Xenia City Code is being amended, the ordinance amending the title, chapter, section, or division shall set forth the entire title, chapter, section, or division being amended and shall indicate the matter to be omitted or deleted by enclosing it in brackets or by strikeout and shall indicate the new matter by underscoring or by italics.
(Charter 5.03)
(2) When any title, chapter, section, or division of the Xenia City Code is being amended, the ordinance so amending shall also repeal the existing title, chapter, section, or division. The word "existing" shall be used to indicate that the title, chapter, section, or division is being repealed to amend it.
Statutory Reference: ORC 731.19
(3) Any ordinance that is amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
Statutory Reference: ORC 1.54
(4) If amendments to the same title, chapter, section, or division of the Xenia City Code are enacted at the same or different meetings of the Council, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are substantively irreconcilable, the latest in date of enactment prevails. Amendments are irreconcilable only when the changes made by each cannot reasonably be put into simultaneous operation.
Statutory Reference: ORC 1.52
(c) Repeals.
(1) When any title, chapter, section, or division of the Xenia City Code is being repealed without amending or replacing it, the ordinance repealing the title, chapter, section, or division shall set forth the entire title, chapter, section, or division being repealed and shall indicate the matter to be omitted or deleted by enclosing it in brackets or by strikeout.
(2) When any title, chapter, section, or division of the Xenia City Code is being repealed without amending or replacing it, the words "is hereby repealed in its entirety" shall be used in the ordinance to indicate the title, chapter, section, or division is being repealed without amendment or replacement.
(3) The repeal of a repealing ordinance does not reenact or revive the title, chapter, section, or division of the Xenia City Code originally repealed, nor impair the effect of any saving clause therein.
Statutory Reference: ORC 1.57
(d) Effect.
(1) The reenactment, amendment, or repeal of any provision, title, chapter, section, or division of the Xenia City Code does not, except as provided in division (d)(2) of this section:
A. Affect the prior operation of the provision, title, chapter, section, or division or any prior action taken thereunder;
B. Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded, or incurred thereunder;
C. Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal; or
D. Affect any investigation, proceeding, or remedy in respect of any privilege, obligation, liability, penalty, forfeiture, or punishment; and the investigation, proceeding, or remedy may be instituted, continued, or enforced, and the penalty, forfeiture, or punishment imposed, as if the provision, title, chapter, section, or division had not been repealed or amended.
(2) If the penalty, forfeiture, or punishment for any offense is reduced by a reenactment or amendment of the Xenia City Code, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the title, chapter, section, or division as amended.
Statutory Reference: ORC 1.58
(e) Not a Limitation. Nothing in this section shall be construed to prevent the passage of an ordinance that, in any combination, enacts new titles, chapters, sections or divisions; amends existing titles, chapters, sections or divisions; and repeals in their entirety various titles, chapters, sections or divisions, so long as the enactment, amendment and repeal all relate to the same subject.
(Ord. 2021-23. Adopted 12/29/21)