|
Record of Resolutions
Ordinance 2006-05
Passed 03-13-06
AN ORDINANCE APPROVING,
ADOPTING AND ENACTING THE 2006 EDITION OF THE MODEL OHIO MUNICIPAL CODE –
GENERAL OFFENSES CODE, AS REVISED THROUGH OCTOBER 14, 2005, PUBLISHED BY
AMERICAN LEGAL PUBLISHING FOR THE VILLAGE OF WEST LAFAYETTE, OHIO; REPEALING
ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; PUBLISHING THE ENACTMENT
OF NEW MATTER; AND DECLARING AN EMERGENCY.
WHEREAS, American Legal Publishing Corporation
has prepared and published a Model Ohio Municipal Code – General Offenses
Code, as revised through October 14, 2005, which components are based upon
and consistent with State law through October 14, 2005; 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 VILLAGE COUNCIL
OF WEST LAFAYETTE, OHIO:
SECTION 1. The 2006 Edition of the Model Ohio
Municipal Code – General Offenses Code, as published by American Legal
Publishing Corporation, is hereby approved, adopted and enacted by and for
the Village.
SECTION2. One book-form copy of the 2006
Edition of this Model Ohio Municipal Code – General Offenses 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 2006 Edition of the Model Ohio Municipal Code- General Offenses 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adopted in Section 1 hereof, are hereby repealed as of the effective date of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 2006 Edition of the Model Ohio Municipal Code –
General Offenses 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
therefore. 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 2006 Edition of the Model Ohio Municipal Code – General
Offenses 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 13th day of March, 2006.
____________________________________
Jack L. Patterson, Mayor
Attest:
________________________________
Dru A Prater, Clerk
EXHIBIT A
SUMMARY OF
NEW MATTER
CONTAINED
IN THE
2006
EDITION OF THE MODEL OHIO MUNICIPAL CODE – GENERAL OFFENSES CODE
PART SIX- GENERAL OFFENSES CODE
Chap. 606. General Provisions
606.01
Definitions
606.02
Classification of offenses
606.03
Offenses defined
606.04 Rules
of construction
606.05
Criminal law jurisdiction
606.06
Limitation on criminal prosecutions
606.07
Requirements for criminal liability; voluntary intoxication
606.08
Culpable mental states
606.09
Organizational criminal liability
606.10
Personal accountability for organizational conduct
606.11
Attempts
606.12
Complicity
Chap. 608. Administration,
Enforcement and Public Service
608.01
Falsification
608.02 False
reports of child abuse or neglect
608.03
Compounding a crime
608.04
Failure to report a crime or death
608.05
Failure to aid a law enforcement officer
608.06
Obstruction official business
608.07
Obstructing justice
608.08
Resisting arrest
608.09
Compliance with lawful order of police officer; fleeing
608.10 Having
an unlawful interest in a public contract
608.11
Soliciting or receiving improper compensation
608.12
Dereliction of duty
608.13
Interfering with civil rights
608.14
Impersonating an officer
608.145 Using sham legal
process
608.15
Display of law enforcement agency emblem
608.16
Disposition of property held by Police Department
608.17
Detention of shoplifters and those committing motion picture piracy;
protection of institutional property
Chap 612 Alcoholic Beverages
612.01
Definitions
612.02 Sales
to underage persons; prohibitions and misrepresentations
612.03 Sales
to intoxicated persons
612.04
Consumption in motor vehicle
612.05 Permit
required
612.06
Posting age and firearm warnings signs
612.07 Open
container prohibited
612.08 Hours
of sale or consumption
612.09
Conveying intoxicating liquor or cash onto grounds of detention facilities
or other institutions
612.10 Sales
of low-alcohol beverages to underage persons; prohibitions and
misrepresentations
Chap 618.
Animals
618.01
Dogs and other animals running at large; dangerous and vicious dogs
618.02
Abandoning animals
618.03
Killing or injuring animals
618.04
Poisoning animals
618.05
Cruelty to animals; cruelty to companion animals
618.06
Coloring rabbits and baby poultry; sale or display of poultry
618.07
Barking or howling dogs
618.08
Registration of dogs required
618.09
Hindering capture of unregistered dog
618.095 Dogs required to
wear tags
618.10
Unlawful tags
618.11
Rabies quarantine
618.12
Hunting prohibited
618.13
Nuisance conditions prohibited
618.14
Impounding and disposition; records
618.15
Reporting escapes
Chap.
624. Drugs
624.01
Definitions
624.02
Trafficking in controlled substances; gift of marihuana
624.025 Cultivation of
marihuana
624.03
Drug Abuse
624.04
Possession of drug abuse instruments
624.05
Permitting drug abuse
624.06
Use or possession of paraphernalia
624.07
Abusing harmful intoxicants
624.073 Improperly
dispensing or distributing nitrous oxide
624.076 Possessing nitrous
oxide in motor vehicles
624.08
Illegal dispensing of drug samples
624.09
Counterfeit controlled substances
Chap
624. Drugs (cont)
624.10
Controlled substance or prescription labels
624.11
Possession, sale and disposal of hypodermics
624.12
Evidence
624.13
Double jeopardy
624.14
Controlled substance schedules
Chap 630. Gambling
630.01
Definitions
630.02
Gambling in general
630.03
Operating a gambling house
630.04
Public gaming
630.05
Cheating
630.06
Responsibility of charitable organizations conducting bingo games
630.07
Maintenance of records by charitable organizations
630.08
Qualifications of bingo game operator
630.09
Exemption for bingo games conducted for amusement
630.10
Prohibitions where instant bingo game is conducted
630.11
Raffle drawings
630.12
Instant bingo other than at bingo sessions
630.13
Restrictions on owner or lessor of location at instant bingo
Chap 636. Offense to Persons
636.001 Definitions
636.01
Negligent homicide
636.02
Assault
636.03
Negligent assault
636.04
Aggravated menacing
636.05
Menacing stalking
636.06
Menacing
636.07
Unlawful restraint
636.08
Child stealing (Repealed)
636.09
Criminal child enticement
636.10
Coercion
636.11
Nonsupport of dependents
636.12
Endangering children
636.13
Interference with custody
636.14
Contributing to the unruliness or delinquency of a child
636.15
Party lines to be yielded in emergencies
636.16
Threatening or harassing telecommunications
636.17
Placing harmful substances or objects in food or confection
636.18
Domestic violence
636.19
Safety of crowds attending live entertainment performances
636.20
Hazing
Chap 636. Offenses Relating
to Person (cont)
636.21
Illegal distribution of cigarettes or other tobacco products;
transaction scans
636.22
Ethnic intimidation
636.23
Intimidation in connection with housing
636.24
Failing to provide for a functionally impaired person
636.25
Failure to perform viability testing
Chap 642. Offenses Relating to Property
642.01
Definitions
642.02
Possession of Municipal property
642.03
Unauthorized use of property
642.04
Injuring vines, bushes, trees or crops
642.05
Desecration
642.06
Arson
642.07
Determining property value in arson
642.08
Criminal damaging or endangering; vehicular vandalism
642.09
Criminal mischief
642.10
Criminal trespass
642.11
Aggravated trespass
642.12
Assaulting police dog or horse or service dog
Chap. 648. Peace Disturbances
648.01 Riot
648.02
Failure to disperse
648.03
Justifiable use of force to suppress riot
648.04
Disorderly conduct
648.05
Disturbing a lawful meeting
648.06
Misconduct at an emergency
648.07
Inducing panic
648.08
Making false alarms
648.09
Inciting to violence
Chap 654 Railroads
654.01
Obstructing streets by railroad companies (Repealed)
654.02
Climbing upon railroad cars (Repealed)
654.03 Duties
of locomotive engineer (Repealed)
Chap 660. Safety, Sanitation and Health
660.01
Venting of heaters and burners
660.02
Spreading contagion
660.03
Littering
660.04
Noxious odors; filthy accumulations; polluting and diverting
watercourses
660.05
Duty to keep sidewalks in repair and clean
660.06
Abandoned refrigerators and airtight containers
Chap 660. Safety, Sanitation and Health
(cont)
660.07
Storage of junk vehicles
660.08
Open burning
660.09
Barricades and warning lights
660.10
Sidewalk obstructions; damage or injury
660.11
Notice to fill lots, remove putrid substances
660.12
Fences
660.13
Smoking in places of public assembly
Chap. 666. Sex Related Offenses
666.01
Definitions
666.02
Unlawful sexual conduct with a minor
666.03
Sexual imposition
666.04
Importuning (Repealed)
666.05
Voyeurism
666.06
Public indecency
666.07
Procuring
666.08
Soliciting
666.85
Loitering to engage in solicitation
666.86
Prostitution
666.87
Rules of evidence
666.88
Disseminating matter harmful to juveniles
666.89
Displaying matter harmful to juveniles
666.90
Pandering obscenity (Repealed)
666.91
Possession and viewing of obscene material involving a minor
(Repealed)
666.92
Deception to obtain matter harmful to juveniles
666.93
Presumptions; notice
666.94
Declaratory judgment
666.95
Injunction; abatement of nuisance
666.99 Sentencing for sexually oriented
offenses; sexual predators; registration
Chap. 672. Theft and Fraud
672.01
Theft
672.02
Determining stolen property
672.03
Determining property value in theft offense
672.04
Degree of offense when certain property involved
672.045 Evidence of theft
of rented property
672.05
Tampering with coin machines
672.06
Prosecutions for theft of utilities
672.07
Misconduct involving a public transportation system
672.08
Unauthorized use of a vehicle; vehicle trespass
672.09
Passing bad checks
672.10
Misuse of credit cars
672.11
Recording credit card, telephone or Social Security numbers
Chap. 672. Theft and Fraud (cont)
672.12
Forging or selling forged identification cards
672.125 Criminal simulation
672.13
Making or using slugs
672.14
Prima facie evidence of purpose to defraud
672.15
Tampering with records
672.16
Securing writings by deception
672.17
Personating an officer
672.18
Defrauding creditors
672.19
Food stamps (Repealed)
672.20
Insurance fraud
672.21
Workers’ compensation fraud
672.22
Medicaid fraud
672.23
Identity fraud (Repealed)
672.24
Motion picture piracy.
Chap 678. Weapons and Explosives
678.01
Definitions
678.02
Carrying concealed weapons
678.03
Possession of deadly weapon while under detention
678.04
Using weapons while intoxicated
678.05
Improperly handling firearms in a motor vehicle
678.06
Failure to secure dangerous ordnance
678.07
Unlawful transactions in weapons
678.08
Improperly furnishing firearms to a minor (Repealed)
678.085 Underage purchase
of a firearm and handgun
678.09
Pointing and discharging firearms and other weapons
678.095 Discharge of a
firearm on or near prohibited premises
678.10
Fireworks
678.11
Endangering aircraft and airport operations
678.12
Possessing criminal tools
678.13
Possession of an object indistinguishable from a firearm in a school
safety zone
678.14
Concealed handgun licenses: possession of a revoked or suspended
license; additional restrictions; posting of signs prohibiting possession
Chap. 698. Penalties and Sentencing
698.01
Definitions
698.02
Penalties for misdemeanor
698.03
Imposing sentence for misdemeanor
698.04
Organizational penalties
698.05
Multiple sentences
698.06
Modification of sentence (Repealed)
698.07
Suspension of driver’s license.
|
