ORDINANCE NO. 1067
AN ORDINANCE APPROVING, ADOPTING AND ENACTING THE 2022 EDITION OF THE OHIO BASIC CODE, PUBLISHED BY THE AMERICAN LEGAL CORPORATION, FOR THE VILLAGE OF TUSCARAWAS, OHIO; REPEALING ORDINANCES IN CONFLICT THEREWITH; PUBLISHING THE ENACTMENT OF NEW MATTER; AND DECLARING THE SAME TO BE AN EMERGENCY
WHEREAS, the present general and permanent ordinances of the municipality are inadequately arranged and classified and are insufficient in form and substance 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, American Legal Publishing Corporation publishes a Code of Ordinances suitable for adoption by municipalities in Ohio; 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 an early date.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF TUSCARAWAS, OHIO that:
SECTION 1.
American Legal Publishing's Ohio Basic Code, 2022 Edition, as reviewed and approved by the Legislative Authority, is hereby adopted and enacted. Any prior version of the Ohio Basic Code which may have been previously adopted by the municipality is hereby repealed as obsolete and is hereby replaced in its entirety by the Ohio Basic Code, 2022 Edition.
SECTION 2.
One copy of the Ohio Basic Code, 2022 Edition, certified as correct by the Mayor and Fiscal Officer of the Legislative Authority, as required by Ohio Revised Code Section 731.23, shall be kept in its initial form on file in the office of the Clerk of the municipality and retained as a permanent ordinance record of the municipality. The Fiscal Officer of the municipality is authorized and directed to publish a summary of all new matters contained in the Code of Ordinances as required by Ohio Revised Code Section 731.23.
SECTION 3.
All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provisions of the Ohio Basic Code, 2022 Edition are hereby repealed as of the effective date of this Ordinance, except as follows:
(A) The enactment of the Ohio Basic Code, 2022 Edition 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 provision, nor to affect an indictment or prosecution therefore. For each purpose, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and codification.
(B) The repeal provided above shall not affect:
(1) The grant or creating 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 the adoption of this Ordinance;
(11) any legislation specifically superceding the provision of the Ohio Basic Code, as previously passed and adopted by the municipality;
(12) any legislation specifically amending or extending any provision of the Ohio Basic Code, as previously passed and adopted by the municipality; and
(13) the Ohio Property Maintenance Code as previously adopted by the municipality.
SECTION 4.
This Ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety, such emergency existing by reason of the necessity of providing a Municipal Code that is consistent with the latest State law, as required by the Ohio Constitution, and this Ordinance, including the Ohio Basic Code, 2022 Edition adopted hereby shall take effect and be in force from the date of adoption of this Ordinance, otherwise from and after the earliest period allowed by law.
Passed: MARCH 10, 2022
APPROVED: Dana Moore, MAYOR
APPROVED AS TO FORM: James J. Ong, SOLICITOR
ATTESTED: Jennifer Price, FISCAL OFFICER
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