Record of Ordinances

Ordinance No.: 2001-40                                            Passed: Dec. 10, 2001

AN ORDINANCE APPROVING, ADOPTING AND ENACTING THE 2001 EDITION OF THE MODEL OHIO MUNICIPAL CODE, AS REVISED THROUGH JUNE 11, 2001, PUBLISHED BY JUSTINIAN PUBLISHING FOR THE VILLAGE OF ,OHIO; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; PUBLISHING THE ENACTMENT OF NEW MATTER; AND DECLARING AN EMERGENCY

WHEREAS, Justinian Publishing has prepared and published a Model Ohio Municipal Code, as revised through June 11, 2001, consisting of an Administration Code, a Traffic Code and a General Offenses Code, which components are based upon and consistent with State law through June 11, 2001; and

WHEREAS, the Village is in need of a codification of such legislation, with which to administer the affairs of the Village, ensure law and order and avoid practical and legal entanglements; and

WHEREAS, Article XVIII, Section 3, of the Ohio Constitution requires that Village law be in conformity with State law in those areas specified therein;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF WEST LAFAYETTE, STATE OF OHIO:

SECTION 1. The 2001 Edition of the Model Ohio Municipal Code, as published by Justinian Publishing, is hereby approved, adopted and enacted by and for the Village.

SECTION 2. One book‑form copy of the 2001 Edition of this Model Ohio Municipal Code shall be attached to this ordinance as a part hereof and filed with the permanent ordinance records of the Village.

SECTION 3. All ordinances and resolutions or parts thereof which are in conflict or inconsistent with any provision of the 2001 Edition of the Model Ohio Municipal Code, as adopted in Section 1 hereof, are hereby repealed as of the effective date of this ordinance, except as follows: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 2001 Edition of the Model Ohio Municipal Code 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:

(1)  The grant or creation 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.

SECTION 4. Pursuant to Ohio R.C. 731.21, 731.22 and 731.23, the Clerk of Council shall cause to be published a notice of the enactment of this ordinance, containing the title of the ordinance and a summary of the new matters covered by it, which summary is attached hereto and marked "Exhibit A."

SECTION 5. 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 2001 Edition of the Model Ohio Municipal Code adopted hereby, shall take effect and be in force immediately upon its passage by at least two‑thirds of all members elected to Council, otherwise from and after the earliest period allowed by law.

Passed this 10^th day of December 2001

                        _______________________________

                        Jack L. Patterson, Mayor

Attest:

______________________________

Bruce E. Fouch

Clerk-Treasurer

Approved as to form:

_______________________________

R. Q. Baker, III

Village Solicitor

Village of West Lafayette, Ohio

DC\WL-86044.017.DOC

EXHIBIT A

SUMMARY OF NEW MATTER

CONTAINED IN THE

2001 EDITION OF THE MODEL OHIO MUNICIPAL CODE

PART TWO ‑ ADMINISTRATION CODE

TITLE TWO ‑ General Provisions

Chap. 202. Rules of Construction; Definitions; General Code Penalty

          202.01   Designation; citation; headings.

          202.02   General definitions.

          202.03   Rules of construction.

202.04 Revivor; effect of re‑enactment, amendment or repeal.

          202.05   Construction of section references.

202.06 General repealer; conflicts.

202.07 Separability.

          202.99   General Code penalty.

     Chap. 204. Official Standards

     Chap. 206. Public Meetings

206.01   Adoption of rules.

206.02 Definitions.

206.03 Notice of regular and organizational meetings.

          206.04   Notice of special meetings.

          206.05   Notice to news media of special meetings.

206.06 Notification of discussion of specific types of public business.

206.07   General provisions.

TITLE FOUR ‑ Legislation

     Chap. 220. Council

220.01 Membership; election; terms of office.

220.02   President Pro Tempore.

220.03 Vacancy when President Pro Tempore becomes Mayor.

220.04   Qualifications of members.

220.05 Compensation and bonds of Village officers and employees.

220.06 Vacancies.

220.07 Judge of election and qualification of members; quorum and special meetings.

220.08 Rules; journal; expulsion of members.

220.09 Meetings.

220.10   General powers.

220.11   Failure to take oath or give bond.

220.12   Notice when new bond required.

220.13 Care, supervision and management of public institutions.

Chap. 222. Ordinances and Resolutions

222.01   Passage procedure.

222.02   Style of ordinances.

222.03 Subject and amendment of ordinances and resolutions.

222.04 Authentication and recording of ordinances and resolutions.

222.05 Publication of ordinances and resolutions; proof of publication and circulation.

222.06 Notice for proposed amendments to the Municipal Charter.

222.07   Times of publication required.

222.08 Publication and certification of ordinances in book form.

222.09 Adoption of technical ordinances and codes.

222.10 Certificate of Clerk as to publication.

222.11 Publication when no newspaper published in Village.

222.12   Effect of not making publication.

222.13 Ordinances providing for appropriations or street improvements; emergency ordinances.

222.14 Ordinances and resolutions as evidence.

Chap. 224. Initiative and Referendum

224.01   Initiative petitions.

224.02   Referendum petitions.

224.03 More than one ordinance required; application of chapter.

224.04   Presentation of petitions.

224.05 Copy of proposed ordinance or measure to be filed with Clerk.

224.06   Words to be printed in red.

224.07 Designation of committee filing petition; public inspection of petitions; ordinances passed or repealed prior to election.

224.08 Itemized statement by circulator of petition.

224.09 Prohibited practices relative to petitions.

224.10 Accepting premiums for signing.

224.11 Destruction of petitions during circulation. (Repealed)

224.12 Threats in securing signatures.

224.13 Application of Charter if Charter adopted.

Chap. 226. Contracts

226.01 General restriction.

226.02 Contracts by Council.

226.03 Contracts by Village Administrator; central purchasing.

226.04 Bids and proceedings.

226.05 Award to lowest responsible bidder.

226.06 Alterations or modifications of contracts.

TITLE SIX ‑ Administration

Chap. 230. Administration Generally

230.01 Executive power in general.

Chap. 232. Mayor

232.01 Term; qualifications; powers.

232.02 Vacancy.

232.03 General duties.

232.04 Communications to Council.

232.05 Protest against excess of expenditures.

232.06 Supervision of conduct of officers.

232.07 Charges against delinquent officers.

232.08 Hearing of charges; action of Council.

232.09 Suspension of accused pending hearing.

232.10 Power of Council as to process.

232.11 Oaths; compulsory testimony; costs.

232.12 Disposition of fines and other moneys.

232.13 Annual report to Council.

Chap. 234. Village Administrator

234.01 Appointment; removal; abolishment of position.

234.02 Abolishment and re‑establishment of Board of Public Affairs.

234.03 Powers and duties of Village Administrator.

Chap. 236. Village Legal Counsel

236.01 Appointment; term; compensation.

Chap. 238. Village Clerk

238.01 Election; term; qualifications.

238.02 Village Clerk‑Treasurer.

238.03 Powers and duties of Village Clerk.

238.04 Books and accounts; merger of offices of Village Clerk and Clerk of Board of Public Affairs.

238.05 Seal.

Chap. 240. Village Treasurer

240.01 Election; term; qualification

                        240.02 Accounts.

240.03 Powers and duties.

240.04 Quarterly account; annual report.

240.05 Receipt and disbursement of funds.

240.06 Duty of delivering money and property.

Chap. 242. Village Street Commissioner

242.01 Appointment; term; qualifications; vacancy; eligibility of Police Chief.

242.02 General duties.

242.03 Assistants.

Chap. 244. Village Sealer of Weights and Measures

Chap. 248. Police Department

248.01 Marshal and Chief of Police synonymous.

248.02 Appointment of Chief; qualifications.

248.03 Deputy marshals and police officers.

248.04 Auxiliary Police Unit; Parking Enforcement Unit.

248.045 Appointment of felons and certain misdemeanants; termination.

248.05 Probationary period; final appointment.

248.06 Removal proceedings; suspension; appeals.

248.07 General powers of officers.

248.08 Powers and duties of Police Chief.

248.09 Disposition of moneys collected by Police Chief.

248.10 Disposition of property recovered by police.

248.11 Failure to deposit recovered property.

248.12 Disposition of property to claimant.

248.13 Sale of unclaimed property; disposition of proceeds.

248.14 Expenses of storage and sale; notice.

248.15 Contracts for police protection.

248.16 Nonresident service without contract.

Chap. 252. Fire Department

252.01 Authority to establish regulations and Department; hours of duty.

252.02 Appointments of Fire Chief, Fire Prevention Officer and firefighters.

252.03 Schooling of officers and firefighters.

252.04 Purchase of engines and equipment.

252.05 Buildings for Department.

252.06 Exemption of volunteer firefighters from jury service. (Repealed)

252.07 Investigation of fires.

252.08 Regulation of construction in fire limits.

252.09 Maximum consecutive hours for firefighters on duty.

252.10 Investigation of cause of fire.

252.11 Right to examine buildings, premises and vehicles.

252.12 Contracts for fire protection; nonresident service without contract.

Chap. 256. Officers and Employees Generally

256.01 Qualifications of officers; oaths.

256.02 Bond required; filing and recording.

256.03 Approval of bonds.

256.04 Sufficiency of form of bond.

256.05 Vacancies.

256.06 Charges against Municipal officers filed with Probate Judge; proceedings.

256.07 Appearance of counsel; jury.

256.08 Challenge of jurors.

256.09 Proceedings on the trial.

256.10 Removal of officer if found guilty.

256.11 Payment of costs.

256.12 Municipal officers may attend conference or convention; expenses.

256.13 Duties of Fire Engineer, Engineer, Superintendent of Markets; compensation.

TITLE EIGHT ‑ Boards and Commissions

Chap. 270. Board of Trustees of Public Affairs

270.01 Appointment; election; organization.

270.02 General powers and duties.

Chap. 272. Board of Trustees of the Sinking Fund

Chap. 274. Planning Commission

274.01 Establishment; membership; compensation; general powers.

274.02 Specific powers and duties.

274.03 Commission shall be Platting Commission.

274.04 Control of buildings.

274.05 Employment of architects and engineers.

274.06 Division of Village into zones.

Chap. 276. Board of Zoning Appeals

276.01 Establishment; powers.

Chap. 278. Volunteer Firefighters' Dependents Fund Board

278.01 Definitions.

278.02 Establishment.

278.03 Membership; vacancies.

278.04 Election and term of members.

278.05 Organization; rules and regulations; roster.

278.06 Compensation and expenses of Board; legal advisor.

Chap. 280. Recreation Board

280.01 Establishment; powers; membership; joint Board and District.

280.02 Organization of Boards.

Chap. 282. Board of Park Trustees

282.01 Establishment for donated property.

                        282.02 Membership.

282.03 Powers.

282.04 Compensation; oath; bond.

282.05 Meetings; rules and regulations; Clerk.

Chap. 284. Board of Cemetery Trustees; Board of Union Cemetery Trustees

Chap. 286. Board of Hospital Commissioners; Board of Governors of Municipal Hospitals; Board of Hospital Trustees.

Chap. 288. Records Commission

288.01 Establishment; membership; officers; employees; meetings; functions.

TITLE TEN ‑ Judiciary

Chap. 298. Mayor's Court

298.01 Jurisdiction in ordinance, D.U.I. and other traffic violations.

298.02 Powers of Mayor and Magistrate in criminal matters.

298.03 Powers of Mayor and Magistrate re D.U.I.

298.04 Duties, fees, office and seal of Mayor and Magistrate.

­­­­­­­­­­­­­­­­­­­­­PART FOUR ‑ TRAFFIC CODE

TITLE TWO ‑ Administration, Enforcement and Penalties

Chap.402. Definitions

402.01 Meaning of words and phrases.

402.02 Agricultural tractor; multi‑wheel agricultural tractor.

402.03 Alley.

402.04 Arterial street.

402.05 Bicycle.

402.06 Bus.

402.07 Business district.

402.08 Chauffeured limousine.

402.09 Child day‑care center or Type A family day‑care home.

402.10 Commercial tractor.

402.11 Controlled‑access highway.

402.12 Crosswalk.

402.13 Driver or operator.

402.14 Emergency vehicle.

402.15 Explosives.

402.16 Expressway.

402.17 Flammable liquid.

402.18 Freeway.

402.185 Funeral escort vehicle.

402.19 Gross weight.

402.20 Intersection.

402.21 Laned highway.

402.215 Local authorities.

402.22 Motor vehicle.

402.23 Motorcycle.

402.24 Motorized bicycle.

402.25 Motorized wheelchair.

402.26 Parking.

402.27 Pedestrian.

402.28 Person.

402.29 Pole trailer.

402.30 Police officer.

402.31 Private road or driveway.

402.32 Public safety vehicle.

402.33 Railroad.

402.34 Railroad sign or signal.

402.35 Railroad train.

402.36 Residence district.

402.37 Ridesharing arrangement.

402.38 Right‑of‑way.

402.39 Roadway.

402.395 Rural mail delivery vehicle.

402.40 Safety zone.

402.41 School bus.

402.42 Semitrailer.

402.43 Sidewalk.

402.435 State highway.

402.44 State route.

402.45 Stop.

402.46 Stop intersection.

402.47 Stopping and standing.

402.48 Street or highway.

402.49 Through street or highway.

402.50 Thruway.

402.51 Traffic.

402.52 Traffic control devices.

402.53 Traffic control signal.

402.54 Trailer.

402.55 Truck.

402.56 Urban district.

402.57 Vehicle.

Chap. 404. Enforcement; Impounding

404.01 Police may remove ignition key.

404.02 Resisting an enforcing official.

404.03 Road workers, motor vehicles and equipment excepted.

404.04 Emergency, public safety and coroners' vehicles excepted.

404.05 Application to persons riding, driving animals upon roadway.

404.06 Application to drivers of government vehicles.

404.07 Impounding of vehicles; redemption.

404.08 Traffic direction in emergencies; obedience to school guards.

404.09 Furnishing false information incident to traffic citation.

404.99 Penalty.

Chap. 406. Traffic Control

406.01 Authority and considerations for placement of devices.

406.02 Conformity with State Manual.

406.03 Powers of designated person.

406.04 Posting of signs and signals required.

406.05 Designated person's powers not limited.

406.06 Records of designated person.

406.07 Reservation of power to Council.

406.08 Violations subject to general Code penalty.

Chap. 408. Penalties

408.01 Penalties for misdemeanor.

408.02 General Code penalty.

408.03 Suspension or revocation of driver's license.

TITLE FOUR ‑ Public Ways and Traffic Control Devices

Chap. 412. Obstruction and Special Uses of Public Ways

412.01 Placing injurious material or obstruction in street.

412.02 Zones of quiet.

412.03 Play streets.

412.04 Toy vehicles on roadway.

412.05 Freeway use prohibited by pedestrians, bicycles and animals.

412.99 Penalty.

Chap. 414. Traffic Control Devices

414.01 Obedience to traffic control devices.

414.02 Through streets; stop and yield right‑of‑way signs.

414.03 Traffic control signal terms and lights.

414.04 Signal to control lane direction of travel.

414.05 Pedestrian control signals.

414.06 Flashing traffic signals.

414.07 Unauthorized signs and signals, hiding from view, advertising.

414.08 Alteration, injury, removal of traffic control devices.

414.09 Unauthorized possession or sale of devices.

414.99 Penalty.

Chap. 416. Pedestrians

416.01 Duties of pedestrians and drivers at crosswalks.

416.02 Right‑of‑way of blind person.

416.03 Right‑of‑way yielded by pedestrian; crossing roadways.

416.04 Moving in crosswalks.

416.05 Walking on sidewalks and streets.

416.06 Soliciting rides or business; riding on outside of vehicle or in cargo storage area.

416.07 Passing through bridge signals or railroad barriers.

416.08 Right‑of‑way of public safety vehicles.

416.09 Right‑of‑way on sidewalks.

416.10 Intoxication.

416.11 Motorized wheelchair operators.

416.99 Penalty.

TITLE SIX ‑ Operation and Vehicles

Chap. 432. Operation Generally

432.01 Driving upon right side of roadway; exceptions.

432.02 Passing to right when proceeding in opposite directions.

432.03 Overtaking, passing to left; driver's duties.

432.04 Overtaking, passing to right of vehicle.

432.05 Overtaking, passing to left of centerline.

432.06 Driving upon left side of roadway.

432.07 Hazardous or no passing zones.

432.08 Driving within lanes or continuous lines of traffic.

432.09 Following too closely.

432.10 Turning at intersections.

432.11 "U" turns restricted.

432.12 Starting and backing vehicles.

432.13 Signals before changing course, turning or stopping.

432.14 Hand and arm signals.

432.15 Right‑of‑way at intersections.

432.16 Intersections at which traffic control signals fail or malfunction.

432.17 Right‑of‑way when turning left.

432.18 Operation of vehicle at stop and yield signs.

432.19 Emergency or public safety vehicles at stop signals or signs.

432.20 Right‑of‑way of public safety or coroner's vehicle.

432.205 Driving while approaching stationary public safety vehicle with flashing lights.

432.21 Right‑of‑way at private driveway, alley or building.

432.22 Stop signs on private roads and driveways.

432.23 Right‑of‑way of funeral procession.

432.24 Driving upon sidewalks, tree lawns or curbs.

432.25 Driver's view and control to be unobstructed by load or persons.

432.26 Driving upon street posted as closed for repair.

432.27 Following and parking near emergency or safety vehicles.

432.28 Driving over fire hose.

432.29 Driving through safety zone.

432.30 One‑way streets and rotary traffic islands.

432.31 Driving upon divided roadways.

432.32 Stopping for school bus; actuating visual signals; discharging children.

432.33 Driving across grade crossings.

432.34 Stopping at grade crossings.

432.35 Slow‑moving vehicles or equipment at grade crossings.

432.36 Obstructing intersections, crosswalks or grade crossings.

432.37 "Peeling"; cracking exhaust noises.

432.38 Shortcutting across private property.

432.39 Entering and exiting controlled‑access highway.

432.40 Weaving; full time and attention.

432.41 Operation on paths set aside for bicycles.

432.42 Littering from motor vehicles.

432.43 Use of earphones while driving.

432.99 Penalty.

Chap. 434. D.U.I.; Reckless Operation; Speed

434.01 Driving while under the influence.

434.02 Reckless operation on streets, public or private property.

434.03 Maximum speed limits; assured clear distance ahead.

434.04 Speed limits on private roads and driveways.

434.05 Slow speed; posted minimum speeds.

434.06 Speed limitations over bridges.

434.07 Speed exceptions for emergency or safety vehicles.

434.08 Reasonable control.

434.09 Street racing prohibited.

434.10 Vehicular homicide; vehicular manslaughter.

                        434.99 Penalty.

Chap. 436. Licensing; Accidents

436.01 Driver's or commercial driver's license required.

436.02 Possession of more than one license prohibited.

436.03 Driving with temporary instruction permit.

                        436.035 Driving with probationary license.

436.04 Certain acts prohibited.

436.05 Owner or operator allowing another to drive.

436.06 Display of license.

436.07 Driving under suspension or revocation or without proof of financial responsibility or in violation of license restrictions.

436.08 Operation or sale without certificate of title.

436.09 Display of license plates; registration; obstructions.

436.10 Use of illegal license plates.

436.11 Stopping after accident upon streets; collision with unattended vehicle.

436.12 Stopping after accident upon property other than streets.

436.13 Vehicle accident resulting in damage to realty.

436.99 Penalty.

Chap. 438. Safety and Equipment

438.01 Driving unsafe vehicles; application.

438.02 Lighted lights; measurement of distances and heights.

438.03 Headlights on motor vehicles and motorcycles.

438.04 Tail light; illumination of rear license plate.

438.05 Rear red reflectors.

438.06 Safety lighting on commercial vehicles.

438.07 Obscured lights on vehicles in combination.

438.08 Red light or red flag on extended loads.

438.09 Lights on parked or stopped vehicles.

438.10 Lights on slow‑moving vehicles; emblem required; lights and reflectors on multi‑wheel agricultural tractors or farm machinery.

438.11 Spotlight and auxiliary lights.

438.12 Cowl, fender and back‑up lights.

438.13 Two lights displayed.

438.14 Use of headlight beams.

438.15 Lights of less intensity on slow‑moving vehicles.

438.16 Number of lights permitted; red and flashing lights.

438.165 Lights and sound‑producing devices on coroners' vehicles.

438.17 Vehicles transporting preschool children.

438.18 Focus and aim of headlights.

438.19 Motor vehicle and motorcycle brakes.

438.20 Horn, siren and theft alarm signal.

438.21 Muffler; muffler cutout; excessive smoke, gas or noise.

438.22 Rear‑view mirror; clear view to front, both sides and rear.

438.23 Windshield required; sign or poster upon windshield; windshield wiper.

438.24 Tinted glass; materials on glass.

438.25 Limited load extension on left side of passenger vehicle.

438.26 Motor vehicle stop lights.

438.27 Bumpers.

438.28 Air cleaner required.

438.29 Use of child restraints.

438.30 Use of occupant restraining devices.

438.31 Ignition interlock devices.

438.99 Penalty.

Chap. 440. Commercial and Heavy Vehicles

440.01 Load limits.

440.02 Maximum width, height and length.

440.03 Wheel protectors.

440.04 Vehicles transporting explosives.

440.05 Towing requirements.

440.06 Loads dropping or leaking; tracking mud; removal required.

440.07 Vehicles with spikes, lugs and chains.

440.08 Occupying travel trailer or manufactured home while in motion.

440.09 Route and load information.

440.10 Shifting load; loose loads.

440.11 Chauffeured limousines.

                        440.99 Penalty.

Chap. 442. Drivers of Commercial Vehicles

442.01 Definitions.

442.02 Exclusions.

442.03 Licensing requirements.

442.04 Physical qualification to operate commercial motor vehicles.

442.05 D.U.I.; leaving the scene; use of vehicles in commission of felony.

442.06 Application of 49 C.F.R. 383.

442.07 Information required of prospective drivers by employers; unauthorized driving.

442.08 Authority of peace officers re drunk driving.

442.09 Permitting or driving while fatigued or ill prohibited.

442.99 Penalty.

Chap. 444. Bicycles and Motorcycles Generally

444.01 Code application to bicycles.

444.02 Riding upon seats; carrying packages; motorcycle handle bars; helmets and glasses.

444.03 Attaching bicycles, motorcycles to other vehicles.

444.04 Riding on right side of roadway; riding abreast.

444.05 Lights, signal devices, brakes on bicycles.

444.06 Riding bicycles upon sidewalks.

444.07 Safe riding regulations for bicycles.

444.08 Parking; locks.

444.09 Parent's responsibility.

444.10 Suspension of riding privileges; impounding of bicycles.

444.11 Operation of motorized bicycles.

444.99 Penalty.

Chap. 446. Snowmobiles, Off‑Highway Motorcycles and All‑Purpose Vehicles

446.01 Definitions.

446.02 Equipment.