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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of the provisions of the Model General Offenses Code for Ohio municipalities adopted in Section 1 hereof, are hereby repealed.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ly excepted from repeal by this ordinance and shall continue in full force and effect unless otherwise amended or repealed by Council.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