1974-068 OrdinanceORDINANCM 19 ?4-68
Offered by Council Members
McKinney, Walker and Sansonetti
ADOPTING THE MODEL GENERAL OFFENSES CODE FOR OHIO
MUNICIPALITIES PUBLISHED BY THE JUSTINIAN PUBLISHING
COMPANY AND REPEALING ORDINANCES IN CONFLICT THEREWITH.
WHEREAS, the recent revision of the State Criminal Code (H.B. 511) became
effective on January 1, 19 74, and
WHEREAS, the City is in need of having a General Offenses Code which is
consistent with Ohio law, and
WHEREAS, the Justinian Publishing Company has published a General Offenses
Code for Ohio municipalities, which General Offenses Code is consistent with
Ohio law, and
WHEREAS, Ohio R. (~. 731.231 authorizes the legislative authority of municipal
corporations to adopt by reference standard or other codes prepared and promul-
gated by private organizations which publish model or standard codes;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN:
Section 1: Pursuant to Ohio R. C. 731.231, the Model General Offenses Code for
· .Ohio municipalities prepared and promulgated by the Justinian Publishing
Company of Cleveland, Ohio, copyright, 1973, is hereby adopted for the
City by reference to be known as the Fatrlawn General Offenses Code.
Section 2: Adoption of the Model General Offenses Code for Ohio municipalities
shall serve the purpose of establishing a General Offenses Code for
the City which is consistent with Ohio law.
Section 3: All ordinances, resolutions and parts of ordinances and resolutions which
are in conflict with any of the provisions of the Model General Offenses
Code for Ohio municipalities adopted in Section 1 hereof, are hereby
repealed. Those ordinances, resolutions and parts of ordinances and
resolutions wh6ch are not in conflict with any of the provisions of the
Model General ffenses Code for Ohio municipalities, are hereby express-
ly excepted from repeal by this ordinance and shall continue in full
force and effect unless otherwise amended or repealed by Council.
Section 4: The enactment of this ordinance, including the Model General Offenses
Code for Ohio municipalities adopted herein and the repeal provided for
in Section 3 hereof, 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 any action or proceeding for the enforcement
of such right or liability. Such enactment shall ncr be construed to
relieve any person from punishment for an act committed in the violation
of any such legislative provision, nor to affect an indictment or
prosecution therefor. For such pruposes, any such legislative provision
shall continue in full force notwithstanding its repeal for the purpose
of adoption of the Model General Offenses Code provided for herein.
Section 5: Pursuant to Section 10.3 of the Codified Ordinances of Fairlawn as enacted
by Ordinance 1972-109, this. Ordinance is by this section declared to be
effective at and after 12:01 A.M. on the first day of April 1974, or at
12:01 A.M. on the 31st day after the Clerk has first published notice as
prescribed in Section 1 (C) of Ordinance 1974-70, whichever is later.
Enacted February 18,
1974
William F. Reed, -C~erk of Council
1974
~e'~'eph' P. Sansonetti
President of Council
Approved as to form:
as D.~Zo0k" Dir~ector of Law
Ordinance'r 19 74-68