§ 97.01.01. Preamble.

This ordinance establishes a Community Bill of Rights which recognizes and secures the civil and political rights of Athens residents, pursuant to Article I, Section 20 of the Ohio Constitution which states: "This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers, not herein delegated, remain with the people;" and

Article 1, Section 1 of the Ohio Constitution states that "All men are free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety" and

The Ohio Revised Code, Title VII, Chapter 743, Section 25 states (in part): "No person shall pollute a running stream, the water of which is used for domestic purposes by a municipal corporation, by putting therein a putrid or offensive substance, injurious to health. The director of public service of a city or board of trustees of public affairs of a village shall enforce this section. The jurisdiction of a municipal corporation to prevent the pollution of its water supply and to provide a penalty therefore shall extend 20 miles beyond the municipal corporation limits;" and

This ordinance bans the extraction of shale gas and oil, along with associated activities, including the disposal of associated wastes into injection wells within the city and its jurisdiction, because these activities violate the civil rights of Athens residents by threatening the health, safety, and welfare of residents and neighborhoods of Athens; and

This ordinance removes legal powers and authority from extraction corporations when those corporations violate its prohibitions, in recognition that those legal powers are illegitimate and unjust, in that they place the rights of a corporate minority over the rights and political authority of a majority of Athens residents; and

This ordinance shall be known and may be cited as the "Athens Community Bill of Rights and Water Supply Protection Ordinance;" and

This ordinance is enacted pursuant to the inherent right of the residents of Athens City to govern their own community, including, without limitation, the Declaration of Independence's recognition that governments are instituted to secure the rights of people, and the Ohio Constitution's recognition that "All political power is inherent in the people."

Therefore, be it hereby resolved by the people of the City of Athens, that we hereby adopt the following ordinance, which establishes a Bill of Rights for the residents and communities of the City, bans commercial extraction of shale gas and oil within Athens City and its jurisdiction because that extraction and that waste disposal cannot be achieved without violating the rights of residents and communities by endangering their health, safety, and welfare; removes certain legal powers from gas extraction corporations operating within the City of Athens; nullifies state laws, permits, and other authorizations which interfere with the rights secured by this ordinance; and imposes liabilities and fines for violations thereof.

(Ord. No. 0-08-18, § I(1), 2-19-2018)