CODIFIED ORDINANCES OF DELAWARE, OHIO
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Published in 2014 by Order of the City Council
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>DELAWARE, OHIO
DIRECTORY OF OFFICIALS
(2014)CITY COUNCIL
At Large Members
Carolyn Kay Riggle Mayor George Hellinger Vice-Mayor Kent Shafer At Large
Ward Members
Chris Jones First Ward Lisa Keller Second Ward Joe DiGenova Third Ward Andrew Brush Fourth Ward
OFFICIALS
R. Thomas Homan City Manager Jackie Walker Assistant City Manager Darren Shulman City Attorney Dean P. Stelzer Finance Director Bill Ferrigno Director of Public Works/City Engineer Elaine McCloskey City Clerk Bruce Pijanowski Chief of Police John Donahue Fire Chief David Efland Director of Planning/Community
DevelopmentCindy Dinovo Municipal Court Clerk David P. Sunderman Municipal Court Judge David Gormley Municipal Court Judge Brad Stanton Director of Public Utilities Lee Yoakam Community Affairs Coordinator Scott Stowers Chief Information Officer PREFACE
This Code constitutes a republication of the general and permanent ordinances of the City of Delaware, Ohio.
Source materials used in the preparation of the Code were the 1997 Code, as supplemented through July 17, 2012. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 101 is numbered 101.2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE P1:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 (Index or Indexes)
The (index or indexes) (has or have) been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the (index itself or indexes themselves) which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Dennis Sinnett, Vice President Supplement Department, and Kelly Heaton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Michele Kohler, Executive Assistant, for her cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
Copyright
All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Delaware, Ohio. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Delaware, Ohio.
© Copyrighted material.
Municipal Code Corporation and the City of Delaware, Ohio. 2014.ORDINANCE NO. 05-129
AN ORDINANCE ADOPTING THE 2005 CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY.
WHEREAS, the City has contracted with the Walter H. Drane Company to prepare a recodification of the City's ordinances, and
WHEREAS, the codification of such ordinances has been completed and is presently before Council;
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Delaware, State of Ohio:
SECTION 1: That the ordinances of the City of Delaware, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of the City of Delaware, Ohio, 2005.
SECTION 2: That the provisions of this ordinance, including all provisions of the 2002 Codified Ordinances, shall be in full force and effect as provided in Section 4. All ordinances and resolutions or parts thereof, enacted prior to September 1, 2005, which are in conflict or inconsistent with any provision of the 2005 Codified Ordinances, are hereby repealed as of the effective date of this ordinance except as follows: the enactment of the Codified Ordinances 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 provisions, nor to affect an indictment or prosecution thereof. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and recodification.
SECTION 3: That through authentication and approval of this ordinance, the Mayor and Clerk shall certify that the permanent and general ordinances of the City as codified therein are correctly set forth and constitute the Codified Ordinances of the City of Delaware, Ohio, 2005.
SECTION 4: That this ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare for the reason that it is imperative to adopt the 2005 Codified Ordinances in order to avoid practical and legal entanglements, including conflict with general State law, and as such shall take force and be in effect immediately upon its adoption.
VOTE ON RULE SUSPENSION: Yeas __ Nays __ VOTE ON EMERGENCY CLAUSE: Yeas __ Nays __ PASSED: December 12, 2005 Yeas __ Nays __ ATTEST: Robyn Moehring
City ClerkWindell Wheeler
Mayor