[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-8-2018 by Ord.
No. 18-1-8-4]
The 1980 Code, ordinances and certain resolutions of the Village
of Oakwood, as codified by General Code, LLC, and consisting of the
Chapters l through 283, together with an Appendix, shall be known
collectively as the "Code of the Village of Oakwood," hereafter termed
the " Code." Wherever reference is made in any of the ordinances and
resolutions contained in the Code of the Village of Oakwood to any
other ordinance or resolution appearing in said Code, such reference
shall be changed to the appropriate chapter title, chapter number,
article number or section number where such legislation appears in
the Code, as if such ordinance or resolution had been formally amended
to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1980 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Village Board of Trustees of the Village of Oakwood, and it is the intention of said Board of Trustees that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below.
All ordinances of a general and permanent nature of the Village
of Oakwood in force on the date of the adoption of this ordinance,
inconsistent with the provisions contained therein, and not contained
in such Code or recognized and continued in force by reference therein
are hereby repealed from and after the effective date of this ordinance.
The repeal of ordinances provided for in § 1-3 above shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any
right or liability established, accrued or incurred under any legislative
provision of the Village of Oakwood prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Village
of Oakwood or any penalty, punishment or forfeiture which may result
therefrom.
C.
Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the Village of Oakwood.
D.
Any
agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the Village of Oakwood.
E.
Any
ordinance of the Village of Oakwood providing for the laying out,
opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the Village of Oakwood or any portion thereof.
F.
Any
ordinance of the Village of Oakwood appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Village of Oakwood or
other instruments or evidence of the Village's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
ordinance relating to salaries and compensation.
K.
Any
ordinance amending the Zoning Map or providing for variations or PUD
approval in accordance with the Village Zoning Ordinance.
L.
Any
ordinance relating to or establishing a pension plan or pension fund
for Village employees.
M.
Any
ordinance adopted subsequent to September 11, 2017.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code has been filed in the office of the Village
Clerk of the Village of Oakwood and shall remain there for use and
examination by the public until final action is taken on this ordinance;
and, if this ordinance shall be adopted, such copy shall be certified
to by the Village Clerk of the Village of Oakwood by impressing thereon
the Seal of the Village of Oakwood, and such certified copy shall
remain on file in the office of said Village Clerk to be made available
to persons desiring to examine the same during all times while said
Code is in effect. The enactment and publication of this ordinance,
coupled with the availability of a copy of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
A.
Any
and all additions, deletions, amendments or supplements to any of
the ordinances and resolutions known collectively as the "Code of
the Village of Oakwood" or any new ordinances or resolutions, when
enacted or adopted in such form as to indicate the intention of the
Village Board of Trustees to be a part thereof, shall be deemed to
be incorporated into such Code so that reference to the Code shall
be understood and intended to include such additions, deletions, amendments
or supplements. Whenever such additions, deletions, amendments or
supplements to the Code shall be enacted or adopted, they shall thereafter
be published as amendments and supplements thereto. Nothing contained
in this ordinance shall affect the status of any ordinance or resolution
contained herein, and such ordinances or resolutions may be amended,
deleted or changed from time to time as the Village Board of Trustees
deems desirable.
B.
When
preparing a supplement to this Code, the codifier (meaning the person,
agency or organization authorized to prepare the supplement) may make
formal, nonsubstantive changes in legislation and parts of legislation
included in the supplement, insofar as it is necessary to do so to
embody it into a unified code. In no case shall the codifier make
any change in the meaning or effect of material included in the supplement
or already embodied in the Code. For example, the codifier may:
(1)
Organize the material into appropriate subsections;
(2)
Provide appropriate headlines, headings and titles for sections and
other subdivisions of the Code printed in the supplement, and make
changes in such headlines, headings and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to
be inserted in the Code and, where necessary to accommodate new material,
change existing section or other subsection numbers;
(4)
Change the words "this ordinance" or words of the same meaning to
"this chapter," "this article," etc., as the case may be, or to "§§ _____
to _____" (inserting section numbers to indicate the sections of the
Code which embody the substantive sections of the material incorporated
into the Code); and
(5)
Make other nonsubstantive changes necessary to preserve the original
meaning of sections inserted into the Code.
It shall be the duty of the Village Clerk to keep up-to-date
the Code of the Village of Oakwood. All changes in said Code and all
ordinances and resolutions adopted by the Village Board of Trustees
subsequent to the enactment of this ordinance in such form as to indicate
the intention of said Village Board of Trustees to be a part of said
Code shall, when finally enacted or adopted, be included therein by
temporary attachment of copies of such changes, ordinances or resolutions
until such changes, ordinances or resolutions are published as supplements
to said Code, at which time such supplements shall be included therein.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who, without authorization from the Village Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Village of Oakwood or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Village of Oakwood to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be fined in accordance with Chapter 56, Penalties and Enforcement, of the Village Code.
A.
In compiling and preparing the ordinances and resolutions for publication
as the Code of the Village of Oakwood, no changes in the meaning or
intent of such ordinances and resolutions have been made. In addition,
certain grammatical changes, administrative changes, and other minor
nonsubstantive changes were made in one or more of said pieces of
legislation. It is the intention of the Village Board of Trustees
that all such changes be adopted as part of the Code as if the ordinances
and resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances and resolutions as
they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-10B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: [Amended (added, deleted) 1-8-2018 by Ord. No. 18-1-8-4]. Schedule A, which contains a complete description of all changes, is on file in the Village offices.
This ordinance shall be in full force and effect 10 days following
publication as provided by law.
