Ordinance No. 2023-06: Adopting & Enacting American Legal Publishing’s Ohio Basic Code

ORDINANCE NO. 2023-06

AN ORDINANCE APPROVING, ADOPTING AND ENACTING AMERICAN LEGAL PUBLISHING’S OHIO BASIC CODE, 2023 EDITION, AS THE CODE OF ORDINANCES FOR THE VILLAGE OF ANTWERP, OHIO, AND DECLARING THE SAME AN EMERGENCY

WHEREAS, the Council of the Village of Antwerp, Ohio (“Village”) has in the past adopted the American Legal Publishing’s Ohio Basis Code for the complete preservation of the public peace, health, safety and general welfare of the Village and for the proper conduct of its affairs; and

WHEREAS, the American Legal Publishing Corporation publishes this Code of Ordinances each year suitable for adoption by municipalities in Ohio; and

WHEREAS, it is necessary to provide for the usual daily operation of the Village and for the immediate preservation of the public peace, health, safety and general welfare of the Village that this Ordinance take effect at an early date.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, STATE OF OHIO:

 

Section 1. Section 2. Section 3.

American Legal Publishing’s Ohio Basic Code, 2023 Edition, as reviewed and approved by the Council of the Village, is hereby adopted and enacted. Any prior version of the Ohio Basic Code which may have been previously adopted by the Village is hereby repealed as obsolete and is hereby replaced in its entirety by this Ohio Basic Code, 2023 Edition, except as provided in Section 3 of this Ordinance. One copy of American Legal Publishing’s Ohio Basic Code, 2023 Edition, certified as correct by the Mayor and Fiscal Officer of the Village, as required by Ohio Revised Code S 731.23, shall be kept in its initial form on file in the office of the Fiscal Officer of the Village and retained as a permanent ordinance record of the Village. The Fiscal Officer of the Village is authorized and directed to publish a summary of all new matters contained in the Code of Ordinances as required by Ohio Revised Code S 731.23. Such summary is attached hereto and marked as “Exhibit A.” All ordinances and resolutions or parts thereof which are in conflict or

inconsistent with any provision of the Ohio Basic Code, 2023 Edition, as adopted in Section 1 hereof, are hereby repealed as of the effective date of this Ordinance, except as follows:

(A) The enactment of the Ohio Basic Code, 2023 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 therefor. For such purposes, 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:

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

• The purchase, sale, lease or transfer of property;
• The appropriation or expenditure of money or promise or guarantee of payment;
• The assumption of any contract or obligation;
• The issuance and delivery of any bonds, obligations or other instruments of indebtedness;
• The levy or imposition of taxes, assessments or charges;
• The establishment, naming, vacating or grade level of any street or public way;
• The dedication of property or plat approval;
• The annexation or detachment of territory;
• Any legislation enacted subsequent to the adoption of this Ordinance;

(1 1) Any legislation specifically superseding the provision of the Ohio Basic Code, such as legislation enacted prior to the adoption of this Ordinance and said legislation was enacted to supersede prior ordinances adopted by the Council of the Village, including a provision contained in prior versions of the Ohio Basic Code; and

(12) Any legislation enacted prior to the adoption of this Ordinance that amends any sections of prior versions of the Ohio Basic Code, including any legislation adding new sections to those sections contained in prior versions of the Ohio Basic Code, which includes but is not limited to the legislation to add section 112.14 to the Ohio Basic Code as provided in Ordinance No. 2021-20. The addition of any new sections previously adopted, including section 112.14, are hereby incorporated into the 2023 edition of the Ohio Basic Code.

Section 4. Section 5. Section 6.

Whenever reference is made in any documents, publications, or signs of the Village, including but not limited to traffic tickets and traffic-control signs, to a section as it existed in a former edition of the Ohio Basic Code, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements. This Ordinance is declared to be an emergency measure necessary for the

immediate preservation of the peace, health safety and general welfare of the people of the Village, and shall take effect at the earliest date provided by law.

Date Passed: February 15, 2023

Attest:

Aimee Lichty, Fiscal Officer