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Oct
23
2021
Yellow Springs Public Notices

ORDINANCE 2021-03

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An Ordinance approving, adopting and enacting new matter in certain ordinance and resolutions and declaring an emergency

ORDINANCE 2021-03, VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Tuesday, January 19, 2021, gave first reading to an ordinance and passed as an emergency, via a virtual meeting, text to follow. 

WHEREAS, American Legal Publishing has completed its updating and revision of the Codified Ordinances of the Village; and

WHEREAS, various ordinances and resolutions of a general and permanent nature have been passed by Council since the date of the last updating and revision of the Codified Ordinances (December 31, 2019) and have been included in the Codified Ordinances of the Village; and

WHEREAS, certain changes were made in the Codified Ordinances to bring Village law into conformity with State law;

NOW, THEREFORE, The Council of the Village of Yellow Springs, Ohio, here by ordains that:

Section 1. The editing, arrangement and numbering or renumbering of the following ordinances and resolutions and parts of ordinances and resolutions are hereby approved as parts of the various component codes of the Codified Ordinances of the Village, so as to conform to the classification and numbering system of the Codified Ordinances:

Ord. or Res. No. Date C.O. Section
2017-46 12-18-17 242.01
2020-03 4-6-20 1046.01
2020-06 5-18-20 1064.02
2020-13 7-8-20 660.16

   
Section 2. The following sections of the Codified Ordinances are or contain new matter in the Codified Ordinances and are hereby approved, adopted and enacted:

414.11, 432.43, 436.09, 618.02, 636.09

Adopting Ordinance

Section 3. All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the new matter adopted in Section 2 of this ordinance are hereby repealed as of the effective date of this ordinance, except as follows:

(a) The enactment of such sections 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 any legislation enacted subsequent to July 30, 2020.

Section 4. Pursuant to Section 25 of the Village Charter and R.C. § 731.23, the Clerk of Council shall cause to be published a summary of this ordinance within one week after its passage, together with a summary of the new matter contained in the 2020A Replacement Pages hereby approved, adopted and enacted, a copy of which summary is attached hereto as Exhibit A*.

Section 5. This ordinance is hereby declared to be an emergency measure, the emergency being the immediate necessity to provide for the public health, peace and welfare by providing an up-to-date codification of the legislation of the Village, consistent with State law, where and as required by Article XVIII, Section 3, of the Ohio Constitution, with which to administer the affairs of the Village, enforce law and order and avoid practical and legal entanglements, wherefore this ordinance, including the 2020 Replacement Pages hereby approved, adopted and enacted, shall be in full force and effect from and immediately after its passage by an affirmative vote of not less than four members of Council.

Brian Housh, President of Council

* Full text of Exhibit A is available online at http://www.yso.com, at the Clerk of Council’s office, the Library or in the Bryan Center lobby.

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