Ordinance Link
CODIFIED
ORDINANCES
OF THE
CITY OF
FAIRVIEW PARK
OHIO
Complete to June 15, 2015
2
CERTIFICATION
We, Eileen Ann Patton, Mayor, and Liz L. Westbrooks, Clerk, of
the City of Fairview Park, Ohio, pursuant to Ohio Revised Code 731.23
and 731.42, hereby certify that the general and permanent ordinances of the
City of Fairview Park, Ohio, as revised, rearranged, compiled, renumbered
as to sections, codified and printed herein in component codes are correctly
set forth and constitute the Codified Ordinances of the City of Fairview
Park, Ohio, 1978, as amended to June 15, 2015.
/s/
Eileen Ann Patton
Mayor
/s/
Liz L. Westbrooks
Clerk
Codified, edited and prepared for
publication by
THE WALTER H. DRANE COMPANY
Cleveland, Ohio
Copyright, 1978, by
The Walter H. Drane Company
2015 Replacement
3
CITY OF FAIRVIEW PARK, OHIO
ROSTER OF OFFICIALS
(2015)
COUNCIL
Michael Kilbane
Peggy M. Cleary
Brian McDonough
William F. Minek
Paul Wojnar
John M. Hinkel
Angelo Russo
Liz Westbrooks
President
At-Large
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Clerk
ADMINISTRATION
Eileen Ann Patton
Robert Berner
Sara Fagnilli
Lisa Rocco
Erich Upperman
Tony Raffin
Sel Kulcsar
Joe Brown
Regina Sillasen
Michael Mackay
Mayor
Public Service and
Development Director
Law Director
Finance Director
Police Chief
Fire Chief
Building Commissioner
Recreation Director
Senior Life Director
City Engineer
2015 Replacement
4
The publisher
expresses his appreciation
to
LIZ. L. WESTBROOKS
Clerk
and all other City officials who gave
their time and counsel to this codification
and supplements
2015 Replacement
5
CITY OF FAIRVIEW PARK
ORDINANCE NO. 96-82
REQUESTED BY: LOCAL GOVERNMENT & COMMUNITY SERVICES COMMITTEE
SPONSORED BY: COUNCILMAN McCAFFERTY
ORDINANCE NO. 96-82
BY:
AN ORDINANCE APPROVING AND ADOPTING THE
CODIFIED ORDINANCES OF FAIRVIEW PARK, OHIO, 1996,
REPEALING CERTAIN ORDINANCES IN CONFLICT
THEREWITH, PROVIDING FOR THE PUBLICATION OF THIS
ORDINANCE AND THE CODIFIED ORDINANCES, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, STATE
OF OHIO:
SECTION 1. That pursuant to Ohio R.C. 731.23, the ordinances of the City of Fairview
Park, Ohio, of a general and permanent nature, as compiled, revised, rearranged, renumbered and
codified, are hereby approved, adopted and enacted as the Codified Ordinances of Fairview Park,
Ohio, 1996, which are attached hereto and made a part hereof as “Exhibit A”.
SECTION 2. That all of the provisions of the Codified Ordinances of Fairview Park,
Ohio, 1996, shall be in full force and effect upon passage and approval of this ordinance. The
Codified Ordinances of Fairview Park, Ohio, 1978, excepting such sections as are recodified in
the Codified Ordinances of Fairview Park, Ohio, 1996, and all other ordinances in conflict with
the Codified Ordinances of Fairview Park, Ohio 1996, are hereby repealed from and after the
effective date of this ordinance, except as hereinafter specifically provided.
SECTION 3. That the repeal provided for in Section 2 of this ordinance shall not affect:
(1)
Any offense or act committed or done, or any penalty or forfeiture incurred, or any
contract or right established or accruing before the effective date of this ordinance.
(2)
Any ordinance or resolution promising or guaranteeing the payment of money by
or to the City, or authorizing the issuance of any bonds of the City, or by any
evidence of the City’s indebtedness, or any contract or obligation assumed by the
City.
(3)
The administrative ordinances or resolutions of Council not in conflict or
inconsistent with the provisions of the Codified Ordinances.
(4)
Any right, license or franchise conferred by any ordinance or resolution of Council
on any person or corporation.
(5)
Any ordinance establishing, naming, relocating or vacating any street or public
way.
(6)
Any ordinance or part thereof providing for salaries or compensation.
(7)
Any prosecution, suit or other proceeding pending, or any judgment rendered on
or prior to the effective date of this ordinance.
(8)
Any ordinance levying or imposing taxes or assessments.
(9)
Any ordinance establishing or changing the boundaries of the City.
(10) Any ordinance or resolution adopted by Council after September 4, 1996.
2015 Replacement
6
SECTION 4. That the ordinances and material included in the Codified Ordinances of
Fairview Park, Ohio, 1996, have all heretofore been duly published as required by Section 11 of
Article IV of the City Charter, except the following material, of which notice of inclusion in the
Codified Ordinances is hereby given as required by Sections 731.23 and 731.231 of the Ohio
Revised Code, which is listed by section number in the Comparative Section Table in the
Preliminary Unit. Any section without a previous ordinance history indicates the substantive
matter is new and ordained by this adopting ordinance.
SECTION 5. That a copy of this ordinance and a copy of the Codified Ordinances of
Fairview Park, Ohio, 1996, shall be posted in City Hall as provided in Section 11 of Article IV
of the City Charter.
SECTION 6. That this ordinance is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace, health and safety, and for the further
reason that there exists an imperative necessity for the earliest publication and distribution of the
Codified Ordinances to the officials and citizens of the City, so as to facilitate administration, daily
operation and avoid practical and legal entanglements; and provided it receives the affirmative vote
of two-thirds of all members elected to Council, it shall take effect and be in force immediately
upon its adoption and approval by the Mayor.
PASSED: October 21, 1996
APPROVED:
October 22, 1996
/s/
William F. Minek
President of Council
/s/ Karl Kubb
Mayor
Attested:
/s/ Beverly J. Munro
Clerk of Council
2015 Replacement
7
CONTENTS
PRELIMINARY UNIT
General Index
Comparative Section Table
CODIFIED ORDINANCES OF FAIRVIEW PARK, OHIO
CHARTER
PART ONE - Administrative Code
PART THREE - Traffic Code
PART FIVE - General Offenses Code
PART SEVEN - Business Regulation Code
PART NINE - Streets, Utilities and Public Services Code
PART ELEVEN - Planning and Zoning Code
PART THIRTEEN - Building Code
PART FIFTEEN - Fire Prevention Code
2015 Replacement
8
EDITOR'S NOTE
The arrangement and numbering of the City Code into component codes, titles, chapters
and sections are based on an adaptation of the decimal numbering system which is similar to that
used in the Ohio Revised Code, and in accord with the best accepted practice in instituting a
codification. Each section is self-identifying as to code, chapter and section number. For
example, 305.06 indicates that the code number is 3, the chapter number is 305 (or the 5th chapter
within code 3), and the section number is .06. The code and chapter numbers appear left of the
decimal, with the code number preceding the first two digits left of the decimal, and the chapter
number being all digits left of the decimal. The section number appears right of the decimal. As
another example, 113.10 indicates the code number is 1, the chapter number is 113 (or the 13th
chapter within code 1), and the section number is .10.
This numbering system has the advantage of inherent flexibility in allowing for an almost
endless amount of expansion. Codes, titles and chapters initially are odd-numbered, thus reserving
the use of even numbers for future legislation. Sections within chapters are consecutively
numbered, except that penalty provisions are usually assigned the number .99 as used in the
Revised Code. Newly created sections subsequent to the original codification may be indicated
by three digits right of the decimal in the event the law properly belongs between two
consecutively numbered sections. For example, newly created 575.061, 575.062 and 575.063
follow 575.06 and precede 575.07 to be placed in their logical position.
Section histories enable a user to trace the origin of the law contained in the section. The
history indicates the derivation by reference to either its passage date and the ordinance number
originally assigned to it at that time, or to its inclusion in any prior code. Sections without
histories indicate that the section contains new matter which was ordained by the Adopting
Ordinance which enacts the City Code.
The Comparative Section Table is included to show the disposition of every ordinance
included in the City Code. It indicates whether a given ordinance was consolidated with another
into one section or split into two or more sections. Cross references direct the user to subject
matter reasonably related to material contained within a given chapter.
2015 Replacement
9
GENERAL INDEX
EDITOR’S NOTE: References are to individual code
sections. As additional aids for locating material, users are directed
to:
(a)
The Comparative Section Table which indicates in
the Codified Ordinances the disposition of the
ordinances or resolutions integrated therein.
(b)
The table of contents preceding each component
code, and the sectional analysis preceding each
chapter.
(c)
The cross references to related materials following
each chapter analysis.
ABANDONMENT
excavations
521.03
junk vehicle
307.09, 307.10
refrigerator, airtight
container
521.01
ACCIDENT
injurious material on
street
311.01
off-highway motorcycle
375.07
property other than street,
on
335.13, 335.14
realty, damaging
335.14
snowmobile or all purpose
vehicle
377.07
street, on
335.12
unattended vehicle
335.12, 335.13
ADMINISTRATIVE DEPARTMENTS
(see also specific
department involved)
expiration of term of
Directors
Chtr. V-6
general provisions;
creating new
Chtr. V-1
ADMISSIONS TAX
amount; levy
171.02
certificate of registration
171.07
collection
171.04
definitions
171.01
exemptions
171.03
inspection of records
171.05
interest on unpaid
171.06
rules and regulations
171.09
temporary, transient amusement 171.08
ADOPTION BY REFERENCE
BOCA Basic Building
Code
1313.01(b)
International Fire Code
1501.01
National Electrical Code
1315.01
Ohio Building Code
1313.01(a)
Ohio Residential Dwelling
Code
1309.01
ADULT CARE FACILITIES
family or group homes
1149.14
zoning regulations
1149.15
ADULT ENTERTAINMENT
BUSINESSES
Ch. 753
2015 Replacement
GENERAL INDEX
ADVERTISING (see also SIGNS)
massage, unlawful advertising 533.15
private property
541.10
public property
541.11
semi-private property
541.10
traffic control device, on
313.07
transmission to facsimile
devices
537.20
AGING (see SENIOR LIFE OFFICE)
AIDING OR ABETTING
501.10
AIR CONDITIONING
permit fees
1307.07
AIR POLLUTION
noxious or offensive odors
521.06
AIRPORT ENVIRONMENTAL
COMMISSION
established; members
153.01
powers and duties
153.02
AIRTIGHT CONTAINER
abandoned
521.01
ALARM SYSTEM
connection with Police Division;
fee
129.09(c)
regulations; fees
129.09
ALCOHOL (see INTOXICANTS)
ALL PURPOSE VEHICLE
accident report
377.07
bicycle path use prohibited
373.19
certificate of title
375.08
definitions
377.01
equipment
377.02
operation
permitted
377.04
prohibited
377.03
operator’s license
377.05
registration
377.06
snowmobile (see SNOWMOBILE)
Traffic Code application
377.03
ALLEY
defined
301.03
parking in
351.11
right of way at
entering
331.17
leaving
331.22, 331.23
speed limit
333.03
turning into
331.11
AMENDMENTS
BOCA Basic Fire Code
1501.03
Charter
Chtr. XII, 111.04
Council rules
111.03(a)(72)
Zoning Code
1157.01 et seq.
AMMUNITION (see GUN CONTROL)
2015 Replacement
10
AMUSEMENT DEVICES AND
GAMEROOMS
definitions
731.01
disturbing the peace
731.10(f)
enforcement
731.03(c)
exemptions
731.16(b)
gambling prohibited
731.11
hours
731.12
inspections
electrical
731.04
periodic
731.08
license
appeal, hearing
731.13
application
731.03
application rejection
731.05
display
731.07
fee; term; renewal
731.06
required
731.02
suspension, revocation
731.13
temporary gameroom fee 731.16(a)
lighting, exterior
731.10(d)
loud-speakers
731.10(e)
management, adult
731.10(b)
minors, operation by
731.14
parking
731.15
penalty
731.99
prizes, awards prohibited
731.09
security personnel
731.10(c)
slug use
545.11
tampering
545.12
temporary gamerooms
731.16(a)
AMUSEMENT, PLACE OF
trespass on place of
public amusement
541.14
ANIMAL CONTROL OFFICER
129.14
ANIMALS
abandonment
505.22
assistance dog, assaulting
525.15
bees
505.09
bites
505.02, 505.07
cruelty
505.11, 505.21
dead
505.19
dogs
barking, howling
505.02
dangerous or vicious
505.17
failure to restrain in
motor vehicle
505.25
in public parks
505.10
impounding and
disposition
505.06
11
GENERAL INDEX
ANIMALS (Cont.)
dogs (Cont.)
number permitted
505.08
registration; tags
505.04
shelter design standards
505.24
tether required
505.23
exotic or dangerous,
escape report
505.16
freeway, on
303.06
hunting prohibited
505.14
killing or injuring
505.15
noise
505.02
noxious odors from shelters
521.06
neglect
505.20
nuisance
abatement
505.03
noise
557.03(l)
prohibited
505.02
poisoning
505.12
prohibited types
505.13
rabies vaccination
505.18
running at large
505.01
show (see OUTDOOR PUBLIC
SHOW)
street, on
303.05
vicious
505.05
ANIMAL-DRAWN VEHICLES
lights, emblem
337.10
ANNOYANCE
personal
509.09
APARTMENT BUILDINGS
definition
707.01
inspections
707.04
license
application
707.03
cancellation
707.06
required; fee
707.02
penalty
707.99
responsibility for compliance
707.07
right of entry
707.05
APPEALS
adult business license
753.11
amusement device license
731.13
employees, City
Chtr. VI-3
flood hazard reduction
1333.05
Housing Code
1355.09
income tax
173.2503
newspaper dispensing devices
907.06
riparian setback
1339.16
sewer grievances
911.12
solicitors
713.09
APPEALS (Cont.)
unsafe structures
1323.05
wetland setback
1339.16
zoning (see ZONING AND
BUILDING APPEALS
BOARD)
ARBORIST, CITY (see also TREES
AND SHRUBS)
appointment, jurisdiction
905.02
authority re private premises
905.12
interference with prohibited
905.13
ARCADE (see AMUSEMENT DEVICES
AND GAMEROOMS)
ARCHERY
metal-tipped arrows
549.13
ARCHITECT, CITY
building permit review
1307.02(c)(3)
cost paid by applicant
133.03(b)
employment of
133.03(a)
ARCHITECTURAL LANDMARKS (see
LANDMARK DESIGNATION)
ARREST
resisting
525.09
warrant; deposit for
501.13
ARROWS (see WEAPONS)
ARSON
conditions governing
541.02
determining property value
541.01
ASSAULT
domestic violence
537.14
inciting to violence
509.011
negligent
537.04
physical harm
537.03
vehicular assault in
construction zone
537.021
ASSEMBLY
disturbing lawful
509.04
street, on; permit
311.02
ATHLETIC FIELDS
vacating for permit holder
509.17
ATTEMPTS
501.09
AUTOMATED TELLER
MACHINES
129.091
2015 Replacement
GENERAL INDEX
AUXILIARY POLICE
129.07
BAD CHECK
545.09
BAIN PARK CABIN (see also
PARKS; PUBLIC PROPERTY)
landmark
103.02
BARRICADES AND WARNING
LIGHTS
around excavations
901.03
excavation or obstruction
543.06
required
521.03
BEAUTIFICATION TRUST FUND 125.11
BEEKEEPING
505.09
BEER (see INTOXICANTS)
BETTING (see GAMBLING)
BICYCLE
attaching to vehicle
373.07
carrying package on
373.11
compliance
with traffic control
devices
373.05
with traffic laws
373.02
definitions
301.04, 373.01
emerging from alley or
driveway
373.10
freeway, on
303.06
impounding
procedure
373.15
sale of bicycle
373.16
lights, equipment
373.06
locking
373.13
motorized (see MOTORIZED
BICYCLE)
parental responsibility
373.03
parking
373.12
path
exclusively for bicycles
373.19
shared-use path
301.361
reckless operation; speed
373.09
registration (see BICYCLE
REGISTRATION)
repair shops to record
serial numbers
375.08
riding regulations
373.06, 373.08
selling
375.08
stolen
373.14
2015 Replacement
12
BICYCLE REGISTRATION
fee
amount
375.01
disposition of
375.02
impounding for registration
violation
375.07
plate or decal
issuance
375.03
lost or destroyed
375.04
rental agencies
375.06
repairing or selling;
records
375.08
required
373.04, 375.01
stations for
375.05
BIDS (see also CONTRACTS)
Charter provisions
Chtr. VIII-6
lowest responsive and
responsible
113.05
recycled content of products
requested
113.04
BINGO
definitions
517.01(r) et seq.
exceptions
517.13
instant bingo
charitable organizations
517.09
conduct
517.07
location
517.10
veteran’s or fraternal
organization
517.14
methods of conducting
517.06
operator prohibitions
517.12
raffles
517.08
records
517.11
BLACKJACK (see WEAPONS)
BLIND PERSON
right of way
371.02
BOARDING HOUSE (see MOTELS
AND HOTELS)
BOARDS AND COMMISSIONS (see
also specific subject involved)
Board of Control
Chtr. VII-4
meetings (see MEETINGS, OPEN)
BOAT STORAGE
1117.07
BONDS
building moving
1319.02, 1319.05
building tradesmen
1305.06
cable television
733.06
13
GENERAL INDEX
BONDS (Cont.)
condominium
conversions
1361.05(b)
Council sets
Chtr. IV-6
employees, City
143.09
sidewalk construction
903.03
tree moving
905.10
BOUNDARIES
City
Chtr. I
riparian and wetland setback
1339.16
wards (see WARDS)
BOW AND ARROW (see WEAPONS)
BRAKES (see VEHICLE EQUIPMENT)
BRASS KNUCKLES (see WEAPONS)
BRIDGE
dropping objects from
541.13
pedestrian on
371.10
speed on
333.05
BUDGET (see FINANCES)
BUILDING (see also DWELLING)
construction site fence
1317.13
design criteria
1149.09
facings
concrete residences
1329.01
industrial, commercial
1329.02
grading (see GRADING)
moving of (see MOVING OF
BUILDINGS)
noise control inspection
557.05
street clean-up
909.01
BUILDING APPEALS
BOARD
Chtr. VII-1
BUILDING CODE
building numbers
1303.06
condominium compliance
1361.05(b)
electricity (see ELECTRICITY)
enforcement
133.01, 1303.01
Ohio Building Code (see OHIO
BUILDING CODE)
penalty, general
1303.99
permit (see BUILDING PERMIT)
stop orders
1303.02
tradesmen license (see BUILDING
TRADESMEN LICENSE)
unsafe structures (see UNSAFE
STRUCTURES)
violation
civil action
1303.04
remedies cumulative
1303.05
BUILDING COMMISSIONER
Assistant
133.02
Flood Damage Prevention
Administrator
designated as
1333.03(a)
duties
1333.03(b)
position established; duties
133.01
report, annual
133.08
signs
1145.12
zoning enforcement
1149.07
BUILDING DIVISION
Administrator of Community
Development
133.07
Assistant Clerk-Secretary
133.051
Building/Electrical/Plumbing
Inspector
133.021
City Architect
133.03
Clerk-Recording Secretary
133.05
Clerk-Secretary
133.04
engaged professional inspection
services
133.011, 133.012
Property Maintenance
Officer
133.06
Public Service and Development
Director as head
Chtr. V-4
BUILDING FACINGS
industrial, commercial
1329.02
residential
1329.01
BUILDING PERMIT
application
1307.01
application review
1149.05,
1307.02(c)
compliance required
1149.02
contractor registering
1307.03(a)
demolition
1311.06
denial
1149.03
deposits
grade
1307.04(b)(2)
purpose; refund
1307.03(h)
drawings required
1149.04
fees
boards and commissions
meetings
1307.02(c)(4)
construction
1307.04
doubled
1307.03(d)
electrical
1307.06
heating; cooling
1307.07
miscellaneous
1307.08
plan examination
1307.02
2015 Replacement
GENERAL INDEX
BUILDING PERMIT (Cont.)
fees (Cont.)
plumbing
1307.05
refund
1307.03(c)
required
1307.03(b)
waived
1307.03(e)
Fire Chief approval 1501.13 (F-414.1)
floor area calculation
1307.02(a),
1307.04(a)
grade checking fee; deposit
1317.07
issuance
1306.04
misrepresentation
1149.02
moving of building
1319.01
required
1149.02
review of regulations
1307.09
revocation
1303.03
signs
1145.08
time limitation
1307.03(f)
wetlands regulations
1149.055
BUMPERS (see VEHICLE
EQUIPMENT)
BUS (see also COMMERCIAL AND
HEAVY VEHICLE)
defined
301.05
motor carriers
351.13
school bus
children, discharging
331.38
defined
301.35
driving regulations
331.38
stopping for
331.38
stops
designation authority
305.04(l)
parking in
351.10
BUSINESS DISTRICTS
compliance
1137.02
defined for traffic purposes
301.06
height
1137.09
loading space
1137.17
parking facilities
accessory
1137.10
accessways
1137.15
approval of
1137.18
2015 Replacement
BUSINESS DISTRICTS (Cont.)
parking facilities (Cont.)
illumination
modifications
number of spaces
separate or combined
size of space
surface improvements
permitted uses
“A” District
“B” District
prohibited uses
residential buildings
sewer survey
signs
permitted
prohibited
regulations
yards
illumination
projections into
regulations and size
CABLE TELEVISION
Agreement
amendment
binding effect
captions
governing law
notices required
severability
applicability of existing terms
bond, performance
Cable Regulatory Staff
compensation
composition
Council approval
duties, responsibilities
14
1137.19
1137.13
1137.12
1137.14
1137.11
1137.16
1137.03
1137.04
1137.05
1137.01
1137.20
1145.17
1145.22
1145.15
1137.06
1137.08
1137.07
733.25(a)
733.25(d)
733.27
733.25(c)
733.25(b)
733.24
733.10
733.06
734.03
734.01
734.06
734.05
15
GENERAL INDEX
CABLE TELEVISION (Cont.)
Cable Regulatory Staff (Cont.)
establishment
734.01
Fund
734.08
meetings, quorum
734.04
parliamentary procedure
734.07
terms, qualifications
734.02
City inquiry
733.21
compliance with applicable
laws
733.12
Council actions
733.30
definitions
733.02
franchise
breach of
733.23
fee
733.08
Fee Trust Fund
125.12
renewal acceptance
733.26
renewal grant
733.01
termination
733.28
indemnification and
insurance
733.05
inspections
733.25(e)
institutional service
733.17
noninterference with existing
communication systems 733.07
performance review
733.20
rates and charges
733.22
receivership and foreclosure;
transfer
733.13
records
733.25(e)
services and programming
733.09
subscriber service
comments requested
733.14(b)
complaints
733.19
consumer information
733.18
repair department
733.14(a)
termination of
733.16
system extension
733.03
system features
733.15
technical standards
733.11
utilities and system
construction
733.04
waiver
733.29
CABS (see TAXICABS)
CANDY
adulterated
537.13
CANVASSERS (see SOLICITORS)
CARNIVAL (see OUTDOOR
PUBLIC SHOWS)
CARRYING CONCEALED
WEAPONS
549.02
CAT (see ANIMALS)
CATTLE (see ANIMALS)
CELL PHONE
texting while driving prohibited 333.13
use prohibited while driving
335.032
CEMETERIES
burial vault materials
925.04
charge for opening grave
925.02
Fairview Park Cemetery
103.01
foundation fee
925.03
landmark
103.01
lot prices
925.01
monument approval
925.03
CERTIFICATE OF OCCUPANCY
application
1359.02
fees
1359.05
inspection
1359.03
issuance
1359.04
required
1359.01
Zoning Code requirement
1149.06
CERTIFICATE OF TITLE
motor vehicle
335.08
off-highway motorcycle,
all purpose vehicle
375.08
CHARTER
amendment procedure
Chtr. XII
amendments
111.04
Charter Review Commission Chtr. XIV
effect upon existing
laws
Chtr. XIII-3
effective date
Chtr. XIII-1
gender neutral
Chtr. XIII-5
interpretation
Chtr. XIII-4
saving clause
Chtr. XIII-2
CHEATING
517.05
2015 Replacement
GENERAL INDEX
CHECKS
passing bad checks
545.09
CHILD (see MINOR)
CHILD DAY CARE SERVICES
residential districts, in
1149.13
CHILD DAY CARE SERVICES
RESOURCE REGISTRY
application
151.10
established
151.01
provider
child ratio
151.03
contracts
151.08
emergency preparedness
151.05
minimum requirements
151.02
program plan
151.06
references
151.07
safety provisions
151.04
zoning requirements
compliance
151.09
CHILD RESTRAINT SYSTEM
337.26
CIGARETTES, TOBACCO OR
ALTERNATE NICOTINE
PRODUCTS (see also TOBACCO
PRODUCTS)
illegal distribution
537.16
CIRCUS (see OUTDOOR PUBLIC
SHOW)
CITY
government continuity (see
GOVERNMENT
CONTINUITY)
name; boundaries
Chtr. I
powers
Chtr. II
property
sale of
Chtr. IV-13(c)
CIVIL AND RECREATIONAL
DISTRICTS
compliance
1113.01
height
1113.04
parking
accessory facilities
1113.05
accessways to
1113.08
approval of plans
1113.10
illumination
1113.11
measurements
1113.06
number of spaces
1113.07
surface improvements
1113.09
2015 Replacement
16
CIVIL AND RECREATIONAL
DISTRICTS (Cont.)
permitted uses
1113.02
sewer survey
1113.12
signs
permitted
1145.17
prohibited
1145.22
regulations
1145.19
yards
1113.03
CIVIL RIGHTS
interfering with
525.13
CIVIL SERVICE COMMISSION
classified service
classification
division into
141.02(b)
retention of
141.03
duties
Chtr. VI-3
examination
adopted, approved
141.05
application fee
141.04
funds for
Chtr. VI-5
membership
Chtr. VI-1
officers
Chtr. VI-2
removal
Chtr. VI-4
secretary
141.01
unclassified service,
division into
141.02(a)
CLOVE CIGARETTES
prohibited
513.14
CODE OF ETHICS
applicability
109.07
Board of Ethics
109.08
complaints, hearing, procedure 109.09
conflict of interest
109.05
declaration of policy
109.01
dedicated service
109.03
disclosure of interest in
legislation
109.06
fair and equal treatment
109.04
penalty
109.99
responsibilities of public
office
109.02
17
GENERAL INDEX
CODIFIED ORDINANCES (see also
ORDINANCES AND
RESOLUTIONS)
conflicting provisions
101.06
definitions, general
101.02
designation; citation;
headings
101.01
determination of legislative
intent
101.07
fee
125.04
penalty, general
101.99
revivor; effect of amendment
or repeal
101.04
rules of construction
101.03
section references
101.05
severability
101.08
COERCION
537.09
COIN MACHINE
definition
545.01
newspapers (see NEWSPAPER
DISPENSING DEVICES)
slug use
545.11
tampering
545.12
COMMERCIAL AND HEAVY
VEHICLE
brakes
337.18
chains, spikes or lugs
339.10
definitions
341.01
driver
fatigued or ill
341.02
explosives, transporting
339.06
height, maximum
339.03
highway maintenance vehicle 301.161
length, maximum
339.03
lights (see VEHICLE LIGHTS)
loading zones, designation
authority
305.04(m)
loads (see VEHICLE LOADS)
local streets, use
339.02
motor carriers
351.13
mud flaps
339.05
mud, tracking
339.08
parking detached trailer
351.15
permit
overload; fee
339.02
special
339.01
road service vehicle 301.321, 333.031
route information on request
339.04
COMMERCIAL AND HEAVY
VEHICLE (Cont.)
slow-moving, lights and
emblem
337.10
slower vehicle to use
right lane
331.01
State route, use
339.01
towing requirements
339.07
truck defined
301.49
truck routes
305.04(r), 339.02
wheel protectors
339.05
width, maximum
339.03
COMMERCIAL DRIVERS (see also
DRIVER’S LICENSE)
criminal offenses
341.05
definitions
341.01
employment
341.06
exemptions
341.02
operation
341.03
prohibitions
341.04
COMMISSIONS (see BOARDS AND
COMMISSIONS)
COMMUNITY DEVELOPMENT
ADMINISTRATOR
133.07
COMMUNITY LANDMARK (see
LANDMARK DESIGNATION)
COMPLICITY
501.10
COMPOUNDING A CRIME
525.04
COMPUTER, LAPTOP OR TABLET
(see ELECTRONIC WIRELESS
COMMUNICATION
DEVICE)
COMPUTER RELATED CRIMES
definitions
545.01(l) et seq.
programs, data, etc. as
property
501.01(j)
CONDOMINIUM DEVELOPMENTS,
CONVERSION
applicability
1361.02(c)
bond
1361.05(b)
Building Code compliance 1361.05(b)
Building Commissioner,
items filed with
1361.05(a)
certificate of inspection
1361.05(d)
certificate of occupancy
1361.05(b),
(c), (d)
construction, chapter
1361.02(a)
conversion review
1149.08
definitions
1361.03
2015 Replacement
GENERAL INDEX
CONDOMINIUM DEVELOPMENTS,
CONVERSION (Cont.)
drawings; contents
1361.07
equal opportunity
1361.13
escrow agent duties
1361.05(e)
fee per unit
1361.05(a)(3)
Housing Code compliance 1361.05(c)
inspection application
1361.05(d)
oral representations
1361.06(l),
1361.11(a)
penalty
1361.99
protection of tenant,
purchaser
1361.08
public offering statement
amendment
1361.06(n)
contents
1361.06
promotional use
1361.06(o)
purchaser,
delivery to
1361.08(m)
tenant
delivery of
1361.08(g)
when delivered
1361.08(b)
purpose; title
1361.01
relocation assistance
1361.15
representations,
unlawful
1361.11
right of entry, unit owner’s
association
1361.12
safety measures
1361.09
security illumination
1361.10
severability
1361.02(b)
violation remedies
1361.14
warranties, compliance
with
1361.05(f)
water metering
1361.04
CONFINEMENT
cost recovery
123.02
CONFLICT OF INTEREST (see
CODE OF ETHICS)
CONSPIRACY
501.14
CONSTRUCTION
contractor registration
1307.03(a)
Landmark Districts
1155.07
permit (see BUILDING PERMIT)
2015 Replacement
18
CONSTRUCTION (Cont.)
plan examination
application
1307.01
fees
1307.02
sign posted prior to permit
application
1307.01(e)
stop work order
1149.07,
1303.02, 1313.06
vehicular assault in
construction zone
537.021
CONTRACTOR REGISTRATION
application
1305.02
bond
1305.04
fee
1305.03
insurance
1305.04
penalty
1305.99
requirements
1305.01
revocation
1305.07
CONTRACTS
American-made product
preference
113.02
bids (see BIDS)
Board of Control approval,
account
Chtr. VII-4
conflict of interest, City
employee
109.05
interest, unlawful
525.10
legal notice
113.01
participatory and cooperative
agreements
113.03
ordinance, by
Chtr. IV-13(b)
payment procedure
125.18
CORONER’S VEHICLE
exemption
303.041
right of way
331.21
CORPORATION (see ORGANIZATION)
COUNCIL (see also PUBLIC
SERVANT)
agenda
111.03(a)(9)
approval of Mayor’s
appointments
111.03(a)(67)
Charter amendments
111.04
19
GENERAL INDEX
COUNCIL (Cont.)
Clerk’s duties;
appointment
Chtr. IV-10,
111.02
committees
111.03(a)(14) et seq.
conflict of interest
109.05
Council Chamber
111.03(a)(69)
emergency, attack, etc. (see
GOVERNMENT CONTINUITY)
employees
Chtr. IV-10
financial report
125.15
fixes salaries, bonds
Chtr. IV-6
inventory, annual
121.04
journal
Chtr. IV-9
legislative action (see
ORDINANCES AND
RESOLUTIONS)
meetings
day; time; specifics
111.03(a)(1)
et seq.
executive session
Chtr. XV
Mayor, directors to
attend
111.03(a)(64)
open (see MEETINGS, OPEN)
types
Chtr. IV-7
members
duties; privileges
111.03(a)(21)
et seq.
elections, terms
Chtr. IV-1
qualifications
Chtr. IV-2
removal
Chtr. IV-4
salary, bonds
Chtr. IV-6
vacancy; resignation;
removal
Chtr. IV-5,
111.03(a)(75)
wards
Chtr. IV-1b
motions
111.03(a)(32) et seq.
office of
111.01
opening proceedings
111.02
order of business
111.03(a)(8)
ordinances and resolutions (see
ORDINANCES AND
RESOLUTIONS)
President
Chtr. IV-3, 111.03
(a)(10) et seq.
quorum
Chtr. IV-8, 111.03(a)(7)
COUNCIL (Cont.)
removal
reports
committee referral
Mayor or officials
111.03(a)(77)
111.03(a)(17)
111.03(a)
(65), (68)
111.03(a)(76)
111.03(a)(73)
resignation
Robert’s Rules of Order
rules
adoption
Chtr. IV-9
amendment of
111.03(a)(72)
suspension of
111.03(a)(71)
standing committees
111.03(a)(14)
traffic control powers
305.08
voting
111.03(a)(22), (50)
COUNTERFEIT CONTROLLED
SUBSTANCES
513.12
CREDIT CARD
misuse
545.10
CRIME
Prevention Bureau
129.10
victim or witness,
intimidation of
525.17
CRIMINAL
damaging or endangering
541.03
mischief
541.04
simulation 545.13
tools, possession
545.19
CROSSWALK
defined
301.09
designation authority
305.04(j)
obstructing
331.33
pedestrian right of way
371.01
use of right half
371.04
CRUELTY
animals
505.11
CULPABILITY
criminal liability
501.07
knowingly
501.08(b)
mental states
501.08
negligently
501.08(d)
purposely
501.08(a)
recklessly
501.08(c)
2015 Replacement
GENERAL INDEX
CURBS AND GUTTERS
curb cuts; permit, fee
903.07,
1307.08(j)
331.37
903.99
driving over curbs
penalty
CURFEW
emergency
509.15
minors’
509.16
probationary license
335.031
temporary instruction permit
335.03
DANCE HALLS AND DANCES
definitions
703.01
exceptions
703.11
hours
703.07
license
application; denial;
appeal
703.03
fee; term
703.05
required
703.02
revocation
703.06
maintenance and operation
703.04
penalty
703.99
Police Chief duties
703.10
restrictions
703.08
temporary permit; fee
703.09
DANGEROUS ORDNANCE (see also
WEAPONS; EXPLOSIVES)
defined
549.01
failure to secure
549.06
possession
545.19(b)
unlawful possession
549.05
DDT
use prohibited
547.05
DEFINITIONS (see also specific
subject involved)
adult business
753.02
Codified Ordinances,
general
101.02
Exterior Property Maintenance
Code
Ch. 1341
Fair Housing Code
563.02
flood control
1333.02
Housing Code
Ch. 1351
offenses, general
501.01
soil erosion and sediment
control
1336.02
Subdivision Regulations
1183.04
Traffic Code
Ch. 301
Zoning Code
Ch. 1105
DEFRAUDING CREDITORS
545.17
DELIVERY SERVICE
sidewalk, walkway use
required
541.05(a)
2015 Replacement
20
DEMOLITION
permit
1311.06
permit fee
1307.08(a)
DEPARTMENTS (see specific
subject involved)
DERELICTION OF DUTY
525.12
DERMAGRAPHIC ART STUDIO
(see TATTOO OPERATIONS)
DESECRATION
541.07
DESIGN REVIEW GUIDELINES
applicability
1159.01
guidelines
1159.03
illustrations
1159.04
terms
1159.02
DETENTION
defined
525.01
shoplifters
545.04
DISCRIMINATION
ethnic intimidation
541.12
DISORDERLY CONDUCT (see also
DISTURBING THE PEACE;
NOISE)
disturbing others
509.03
inducing panic
509.06
intoxicated persons
509.03
park facilities
923.06
riot (see RIOT)
DISTRICTS (see ZONING DISTRICTS)
DISTURBING THE PEACE (see also
DISORDERLY CONDUCT;
NOISE)
amplifying device
509.11
amusement device
731.10(f)
annoyance
509.09
muffler noise
337.20
noise
509.10
picketing
539.03
racing vehicle motor
331.36
sound trucks
509.12
squealing tires, peeling
331.36
vehicle exhaust noise
331.36
DOGS (see ANIMALS)
DOMESTIC VIOLENCE
temporary protection order
537.15
violation
537.14
DOWNSPOUTS
connection
1317.12
DRAG RACING
333.07
DRAINAGE
catch basins
1317.04
compliance required
521.04
downspout connection
1317.12
plan approval
1317.06
21
GENERAL INDEX
DRIVER’S LICENSE (see also
COMMERCIAL DRIVERS)
display
335.06
false identification, as
545.22
fictitious, revoked
335.04
motorcycle, off-highway
375.05
motorcycle operator
335.01(a)
motorized bicycle
373.17
nonresident driver
335.01(b)
permitting operation without
335.02
possession, more than one
335.02
probationary; curfew
335.031
prohibited acts
335.04
required
335.01
restriction violation
335.01(c)
revoked or suspended,
driving
335.07
snowmobile or all purpose
vehicle
377.05
suspended, driving under
335.074
temporary, licensed driver
required
335.03
DRIVEWAY
obstructing
543.07
removing snow from
543.02
right of way at
entering
331.17
leaving
331.22, 331.23
private
speed limit
333.10
stop signs on
331.39
turning into
331.11
DRIVING
allowing another to drive
illegally
335.05
approaching stationary public safety,
emergency, road
service vehicle
333.031
assured clear distance 331.09, 333.03
backing vehicle
331.13
bicycle path use prohibited
373.19
cell phone use prohibited
335.032
certificate of title required
335.08
closed road, on
331.26, 331.43
construction zone,
vehicular assault in
537.021
control of vehicle
331.34
divided street
331.31
driver’s view
mirror
337.21
unobstructed
331.25
drunk or drugged
333.01
earphones or earplugs
prohibited
331.40
DRIVING (Cont.)
electronic wireless communication
device use prohibited
while driving
335.032
financial responsibility law
suspension or cancellation,
driving under
335.072
fire hose, over
331.28
following emergency, safety
vehicle
331.27
following too closely
331.09
full time and attention
331.34
hazardous zones
331.07
immobilization order
333.12
lane-use control
signal indications
313.04
lanes, within
331.08
left side of street
331.06
one-way street
331.30
operate defined
301.201
OVI suspension, under
335.071
passing
left of center
331.05
left side
331.03
no passing zones
331.07
right side
331.02, 331.04
racing motor
331.36
reckless
disregard of safety
333.02
failure to control
331.34
operation without control
333.08
prohibited
333.09
right side of street
331.01
right turn on red
313.03(c)
rotary traffic island, around
331.30
safety zone, through
331.29
seat belt usage
337.27
shortcutting intersections
331.41
sidewalk, street lawn,
curb, over
331.37
signals for turning or
stopping
331.14, 331.15
speed (see SPEED)
starting vehicle
331.13
street under repair
331.26
suspended license
335.074
texting prohibited
331.341,333.13
traffic signal indications
313.03
turning
driveway, alley or building 331.11
intersection at
331.10
left, right of way
331.17
2015 Replacement
GENERAL INDEX
DRIVING (Cont.)
turning (cont.)
signals
331.14, 331.15
U turn
331.12
unsafe vehicle
337.01
water covered street, on
331.43
wrongful entrustment of a
motor vehicle
335.05
yellow line
331.07
DRUG ABUSE
adulterated food
537.13
amusement device,
gameroom, in
731.10(a)
anabolic steroids
513.18
controlled substance analog
513.17
controlled substance test;
offender to pay
513.19
counterfeit controlled
substances
513.13
criminal solicitation of a
controlled substance
513.15
definitions
513.01
driving under influence
333.01
drug samples
513.08
harmful intoxicant
nitrous oxide in vehicle
513.11
possessing or using
513.07
hypodermic
authorized possession
513.10
illegal
513.04
instruments
513.04
investigation and prosecution
cost recovery
123.03
labels, prescription
513.09
Law Enforcement Mandatory
Drug Fine Fund
125.17
loitering, drug-related
513.16
look-alike drugs
513.13
marihuana
cultivation, illegal
513.06
gift
513.02
possession or use
513.03
massage establishment, in
751.14
permitting
513.05
walking on street under
influence
371.09
weapon use
549.03
DRUG SAMPLES
513.08
DRUNK DRIVING
333.01
DUMPING (see SOLID WASTE)
DUNSON COMMUNITY ROOM 923.01
et seq.
2015 Replacement
22
DWELLING (see also BUILDING)
Code (see RESIDENTIAL CODE
OF OHIO)
conversion to commercial
or business use
1137.015
occupancy standards (see
RESIDENTIAL OCCUPANCY
STANDARDS)
workmanship standards
1303.07
DWI
333.01
penalty
333.99
ELECTIONS
dates
Chtr. IX-1, 4
filing deadline
106.01
generally
Chtr. IX-5
initiative
Chtr. X-1, 4
nominations
Chtr. IX-2
primary
Chtr. IX-3
recall
Chtr. X-3, 4
referendum
Chtr. X-2, 4
signs, political
1145.18
special
Chtr. IX-4
ELECTRICITY
National Electrical Code
adopted
1315.01
permit fees
1307.06
wiring; equipment
1309.05
ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICE
371.12
ELECTRONIC GAMES (see
AMUSEMENT DEVICES AND
GAMEROOMS)
ELECTRONIC WIRELESS
COMMUNICATION DEVICE
texting while driving prohibited 333.13
use prohibited while driving
335.032
ELM TREES (see TREES AND SHRUBS)
EMERGENCY
attack; government continuity (see
GOVERNMENT
CONTINUITY)
Community Emergency Response
Team (see WESTSHORE
REGIONAL COMMUNITY
EMERGENCY RESPONSE TEAM)
curfew
509.15
misconduct at
509.05
signaling device noise
557.03(d)
misuse of 911 system
537.12
traffic direction
303.02
23
GENERAL INDEX
EMERGENCY VEHICLE (see also
PUBLIC SAFETY VEHICLE)
approaching when stationary 333.031
defined
301.11
exemptions
303.041
following, parking near
331.27
speed exceptions
333.06
stop sign or signal, effect
331.20
EMPLOYEES, CITY (see also
PUBLIC SERVANT)
appeals
Chtr. VI-3
appeals, allocation
143.09
appointments
Chtr. VI-3, 121.02
benefit, transfer
143.33
civil service (see CIVIL SERVICE
COMMISSION)
classification plan
amendments
143.08
composition
143.04
maintenance
143.07
specifications
143.05
use
143.06
compensation ranges
appointment rate
143.11
bi-weekly payment
143.35
deductions, overruns or
underruns
143.15
determination
143.10
transfer, promotion,
demotion
143.13
within-range increase
143.12
compensation, setting of
Chtr. IV-6
conflict of interest
109.05
deferred compensation plan
143.36
definitions
143.01
employees covered
143.02
ethics (see CODE OF ETHICS)
firemen (see FIRE DEPARTMENT)
funeral leave
143.25
holiday leave
143.24
incentive compensation
143.37
insurance premium payments
143.21
jury leave
143.27
longevity
143.18
military leave
143.26
objectives
143.03
overtime
143.17
part-time employees
143.14
personal leave
143.28
physical examination
143.32
EMPLOYEES, CITY (Cont.)
pick-up of retirement
contributions
salaried employees,
administrators
143.38
service employees,
policemen, firemen
143.39
police (see POLICE DEPARTMENT)
separation payment
143.30
sick leave
143.22
smoking prohibitions
561.04
surety bonds
143.34
training
143.31
travel expenses, mileage
143.20
unauthorized leave
143.29
uniform allowance
143.19
vacation leave
143.23
work hours
143.16
ENGINEER, CITY
building permit sewer
survey
1113.12, 1121.34,
1137.20
establishes grade
1317.08
sidewalk grade approval
903.04
subdivision approval
1191.05(l)
ENVIRONMENTALLY ACCEPTABLE
PACKAGING (see SOLID
WASTE)
EROSION AND SEDIMENT
CONTROL
1317.14
ETHNIC INTIMIDATION
541.12
EXCAVATIONS
abandoned, protection 521.03, 543.06
barricades and lights
901.03
exception
901.04
fence to surround
1317.13
penalty
901.99
permit
application; fee 901.02, 1307.08(i)
required
901.01, 1149.02
plate required
901.03
street cleaning after
deposit
refund
909.02
required
909.01
retention
909.03
permit
909.02
EXPLOSIVES
defined
301.12, 549.01
transporting
339.06
2015 Replacement
GENERAL INDEX
EXTERIOR PROPERTY MAINTENANCE
CODE (see also HOUSING
CODE)
administration, enforcement
inspections
1345.01
powers and duties
1345.02
applicability
1343.04
compliance required for permits
and licenses
1343.06
conflict of law
1343.05
definitions
1341.01 et seq.
enforcement
Building Commissioner
133.01
Property Maintenance
Officer
133.06
existing violations
1343.09
penalty
1343.99
policy
1343.02
Property Maintenance Officer
Building Commissioner,
as
1345.01(a)
powers and duties
1345.02
purposes
1343.03
relationship to other laws
1343.07
responsibilities
independent
1343.08
responsibilities of
owner/operator
appearance
1347.02
infestation
1347.05
maintenance
1347.01
structural soundness
1347.03
walls, sidings
1347.04
FAIR HOUSING CODE
definitions
563.02
discrimination
563.03, 563.04
enforcement
563.05
purpose
563.01
FAIRVIEW PARK CEMETERY
landmark, declared
103.01
FALSE ALARMS
509.07
FALSE INFORMATION
to school or other public
benefit
509.08
FALSE REPORTS
fire alarms
509.07
inducing panic
509.06
2015 Replacement
24
FALSIFICATION
identity falsified upon traffic
violation
303.08
identity fraud
545.26
prohibited
525.02
FAMILY AND GROUP HOMES 1149.14
FEES
adult business
753.07
alarm systems
accidental/false
alarm
129.09(e)
automatic dialing
device
129.09(b)(7)
permits; inspections
129.09(i)
police connections
129.09(c)
building plan examination
1307.02
certificate of occupancy
1359.05
civil service examination
application
141.04
cable television franchise
733.08
condominium conversion 1361.05(a)(3)
contractor registration
1306.07
curb cut
903.07
grade, checking of
1317.07
grade setting; drainage
1307.08(k)
license
amusement device
731.06(a)
apartment building
707.02
building tradesmen
1305.03
dance hall
703.05
gameroom or arcade
731.06(b),
731.16(b)
massage establishment
751.04(a)
outdoor public show
709.02
picture machine
operator
729.09
rental dwelling
708.02
scavenger
723.01
snow removal, commercial 543.08
solicitor
713.03(b)
street sales
717.02
taxicab
721.04
motor vehicle towing
129.15
parade
311.02
permit
building (see BUILDING
PERMIT)
25
FEES (Cont.)
permit (Cont.)
commercial vehicle
overload
curb cuts
dance
demolition
electrical
fence
fire hydrant use
GENERAL INDEX
339.02
1307.08(j)
703.09
1307.08(a)
1307.06
1307.08(f)
1501.03
(F-309.05)
1307.08(p)
fireplace
fire sprinkler system
alteration, repair
1307.08(r)
new
1307.08(q)
heating; cooling
1307.07
moving building
1307.08(b)
newspaper dispensing
device
907.04
parade and special events
311.02
paving
1307.08(c)
plumbing
1307.05
satellite receiving
station
1307.08(n)
sewer
1307.08(m)
sidewalk
1307.08(e)
sign
1145.11, 1307.08(g)
street cleaning
1307.08(h)
street opening
1307.08(i)
swimming pool
1307.08(d)
tanks other than water
1307.08(l)
photostats; photographs
125.03
publications; Codified
Ordinances
125.04
public property rental
923.05
recreational vehicle residential
storage
1307.08(o)
street assembly
311.02
weeds, cutting
547.09(b)
FENCES
permit fee
1307.08(f)
plan examination fee
1307.02(b)
prohibited types
547.08
Residential One and TwoFamily Districts
1117.17
FENCES (Cont.)
Residential Multi-Family,
Garden and High Rise
Districts
1121.18
FILMS (see MOTION PICTURES)
FINANCE DEPARTMENT
Assistant Director
125.01
authorized signatures for
withdrawing funds
125.02
Cumulative Reserve Public
Works Preservation
Fund
125.10
Director’s appointment;
duties
Chtr. V-3
established
Chtr. V-1
fees
photostats; photographs
125.03
publications; Codified
Ordinances
125.04
funds (see FUNDS)
Gilles Sweet Community Center
Enterprise Fund
125.16
Manager of Information
Systems
125.20
reports
125.15
Tax Auditor
125.05
FINANCES
annual estimate
Chtr. VIII-1
appropriation ordinances Chtr. VIII-2,
111.03(a)(58)
bids
Chtr. VIII-6
budget, Mayor’s operating
121.03
claims, payment of
Chtr. VIII-4
contractor payment procedure 125.18
custody and deposit of
funds
Chtr. VIII-5
debt limitation
Chtr. VIII-10
fire insurance proceeds
to City
125.14
funds (see FUNDS)
public improvements
Chtr. VIII-7
taxation (see TAXATION)
transfers and balances
Chtr. VIII-3
FIRE
alarm systems (see ALARM
SYSTEM)
2015 Replacement
GENERAL INDEX
FIRE (Cont.)
insurance proceeds transferred
to City
125.14
FIREARM (see WEAPONS)
FIRE CHIEF
alarm or warning system
131.04
appointment, dismissal
Chtr. V-1
building permit review
1307.02(c)(1)
investigations
131.04
motel and hotel, access to
705.03
FIRE CODE (see INTERNATIONAL
FIRE CODE)
FIRE DEPARTMENT
appointment, advancement,
vacancies
131.02
composition
131.01
duties
131.01(c)
established
Chtr. V-1
emergency service to other
municipalities
131.05
Fire Prevention Bureau
Officer
131.03
polychlorinated biphenyls
(PBC’s) notice of 555.02 et seq.
retirement; overtime
compensation
131.06
FIRE HOSE
driving over
331.28
FIRE HYDRANTS
obstruction; tampering
541.08
permits
1501.03 (F-309.05)
FIRE PLACE
permit fee
1307.08(p)
FIRE PREVENTION
Bureau Officer
131.03
smoke detectors (see SMOKE
DETECTORS)
FIRE TRUCK
approaching when stationary 333.031
following, parking near
331.27
FIREMAN
traffic, directing
303.02(a)
FIREWORKS
Ch. 1519
2015 Replacement
26
FLAMMABLE LIQUID (see
EXPLOSIVES)
FLOOD DAMAGE PREVENTION
abrogation and greater
restrictions
1333.01(g)
administration
1333.04
appeals
1333.05
applicable lands
1333.01(e)
basis for areas of special
hazard
1333.01(f)
Building Commissioner
Administrator, as
1333.03(a)
duties
1333.03(b)
definitions
1333.02
development standards
1333.04
enforcement
1333.06
findings of fact
1333.01(b)
interpretation
1333.01(h)
methods of reducing losses 1333.01(d)
statement of purpose
1333.01(c)
statutory authorization
1333.01(a)
subdivision proposals
1333.04(c)
utilities
1333.04(b)
variances
1333.05(d)
violations; penalties
1333.06(c)
warning; liability disclaimer 1333.01(i)
watercourse alteration
1333.04(i)(3)
FOOD
adulterated
537.13
FOWL (see ANIMALS)
27
GENERAL INDEX
FRANCHISES (see also individual
subject involved)
cable television (see CABLE
TELEVISION)
granting of
Chtr. XI
FRAUD
bad check passing
545.09
credit card
545.10
creditors
545.17
definitions
545.01
identification, false
545.22
insurance
545.07
personating an officer
545.16
securing writings by
deception
545.15
taking identity of another
545.26
FREEWAY (see STREET)
FUNDS (see also FINANCES)
Anti-Recession Fiscal
Assistance
125.06
Beautification Trust Fund
125.11
Cable Television Franchise
Fee Trust Fund
125.12
Cumulative Reserve Public
Works Preservation
125.10
custody and deposit
Chtr. VIII-5
Emergency Cash Purchasing
125.08
Federal General Revenue
Sharing Trust
125.07
General Reserve
125.19
Gilles Sweet Community
Center Enterprise
125.16
Law Enforcement Mandatory
Drug Fine Fund
125.17
Redevelopment
125.21
Law Enforcement Trust Fund
129.12
S.A.V.E. Fund
125.13
Sewer Revenue Fund
911.14
Sidewalk Fund
125.09
FUNERAL PROCESSION
driving in
331.24
GAMBLING
amusement devices
731.11
bingo (see BINGO)
cheating
517.05
definitions
517.01
games of chance
conducting
517.02(d)
records
517.11
GAMBLING (Cont.)
operating house
517.03
prohibited conduct
517.02
public gaming
517.04
raffles
517.08
skill-based amusement devices 517.15
GAMEROOM (see AMUSEMENT
DEVICES AND
GAMEROOMS)
GAMES
playing in streets
311.04
GARAGE SALES (see HOME SALES)
GARBAGE AND RUBBISH (see
SOLID WASTE)
GLUE SNIFFING
513.07
GOVERNMENT CONTINUITY
assumption of powers and
duties
107.03
definitions
107.01
designation of successors
107.02
formalities of taking office
107.05
quorum; voting
107.06
recording; effective date
107.04
GRADING
adherence to established grade
notice to comply
1317.11
required
1317.09
right of entry
1317.10
approval required
1317.05
construction safeguards
1317.13
definitions
1317.01
depressions prohibited
1317.05
drainage
1317.04 et seq.
Engineer establishes
1317.08
erosion plan
1317.14
established elevations to
be grade
1317.02
fee and deposit
1317.07
performance standards for storm
sewer runoff from realty
development
1317.15
plan approval
1317.06
retaining walls
1317.03
setting; inspection fee
1307.08(k)
street cleaning after
deposit
refund
909.02
required
909.01
retention
909.03
permit
909.02
2015 Replacement
GENERAL INDEX
GRASS (see WEEDS AND GRASS)
GRAVES (see CEMETERIES)
HALLOWEEN
adulterated food
537.13
HANDBILLS
private, semi-private
property
541.10
public property
541.11
HANDICAPPED PERSONS
abuse or neglect of functionally
impaired person
537.19
blind pedestrian
371.02
condominium conversion
relocation assistance
1361.15
defined
351.04(h)
mobility device
371.12
parking
351.04(d) et seq.
wheelchair, motorized
defined
301.52
operation
371.11
HAWKERS (see SOLICITORS)
HEARINGS (see APPEALS;
VARIANCES)
HEATING AND COOLING SYSTEMS
permit fees
1307.07
HEDGES
547.08
HEIGHT (see individual district
involved)
HIGHWAY (see STREET)
HISTORICAL LANDMARK (see also
LANDMARK DESIGNATION)
Bain Park and Cabin
103.02
Fairview Park Cemetery
103.01
HITCHHIKING
371.06
HOME SALES
advertising signs
737.05
defined
737.01
hours, merchandise
permitted
737.04
intent
737.02
maximum number
737.03
notification
737.06
penalty
737.99
2015 Replacement
28
HOMICIDE
negligent
537.01
vehicular
537.02
HORN (see VEHICLE EQUIPMENT)
HORSES (see ANIMALS)
HOTEL AND MOTEL TAX
assessment
706.07
collection
706.10
definitions
706.01
imposition
706.02
intent
706.13
liability
706.12
limitation
706.08
payment
706.03, 706.09
records
706.05
refund
706.04
returns
706.06, 706.11
HOUSING CODE (see also RESIDENTIAL
CODE OF OHIO; EXTERIOR
PROPERTY MAINTENANCE
CODE)
appeals
1355.09
Building Commissioner
enforcement
133.01
certificate of occupancy (see
CERTIFICATE OF
OCCUPANCY)
condominium compliance
1361.05(c)
conflict of law
1353.05
definitions
1351.01 et seq.
enforcement
emergencies
1355.05
expenses; recovery of
1355.07
inspection
1355.01
placards
1355.06
remedy for violation
1353.07
right of entry
1355.02
rules and regulations
1355.08
existing buildings
1353.04
notice of violation
contents
1355.03
noncompliance
1355.04
29
GENERAL INDEX
HOUSING CODE (Cont.)
occupancy standards (see
RESIDENTIAL OCCUPANCY
STANDARDS)
penalty
1355.99
purpose
1353.02
rental property (see RESIDENTIAL
OCCUPANCY STANDARDS)
scope
1353.03
HUNTING
metal tipped arrows
549.13
prohibited
505.14
HYPODERMIC
authorized possession
513.10
illegal
513.04
IDENTIFICATION
cards, forgery
545.20
deceptive
545.24
identity fraud
545.26
marks removed from
property
545.23
ILLICIT DISCHARGE AND ILLEGAL
CONNECTION CONTROL
administration
1338.06
applicability
1338.02
conflicts
1338.05
definitions
1338.03
discharge and connection
prohibitions
1338.07
disclaimer of liability
1338.04
enforcement
1338.10
monitoring
1338.08
nuisances
1338.05
purpose
1338.01
remedies
1338.11
scope
1338.01
water course protection
1338.09
IMMOBILIZATION ORDER
driving under
333.12
IMPERSONATION
identity fraud
545.26
law enforcement officer
to defraud
545.16
public servant
525.03
IMPORTUNING
533.05
IMPOUNDING
bicycle
373.15, 375.07
dogs
505.06
newspaper dispensing device
907.09
vehicle (see IMPOUNDING
VEHICLES)
IMPOUNDING VEHICLES
abandoned junk vehicle
disposal of
307.09
leaving without permission
of property owner or
notice to Police
Chief
307.10
fees
307.05, 307.12
garages
conditions for use
307.03
removal from list
307.04
parking on private property
without owner’s consent 307.11
reasons for impounding
307.01
records
307.06
redemption and disposal
307.02
repossessions; reporting
307.07
storage
307.12
unclaimed; reporting
307.08
IMPROVEMENTS
erosion and sediment control 1317.14
financing
Chtr. VIII-7
subdivision requirements
1191.05
INCOME TAX
amounts less than one dollar 173.1703
appeals
173.2503
Board of Review
duty
173.2502
established
173.2501
central collection
173.2311
collection after termination
of chapter
173.2702
confidential
173.2309
credit
173.1902
definitions
173.0301 et seq.
determining allocation
method
173.0701
operating loss-carry
forward
173.0705
rentals
173.0704
sales made in the City
173.0702
total allocation
173.0703
disbursement
173.2101
effective period
173.0502
exemptions
173.0901
Finance Director’s authority
and duties
173.2301 et seq.
installment payments
173.2304
interest and penalties
abatement
173.1504
exceptions
173.1503
interest
173.1501
penalties
173.1502
2015 Replacement
GENERAL INDEX
INCOME TAX (Cont.)
payment
accompanies declaration 173.1306
annually
173.1307
collection at source
173.1302
declaration of income
173.1303
filing declaration
173.1304
form of declaration
173.1305
on filing return
173.1301
purpose
173.0101, 173.0102
rate and income taxable
173.0501
records, keeping
173.2310
refunds
173.1702
returns
amended
173.1105
consolidated
173.1104
due date
173.1101
extension of time
173.1103
form, content
173.1102
separability
173.2701
unpaid tax recoverable
173.1701
violations
failure to procure
forms
173.1507
limitation of prosecution 173.1506
list; penalty
173.1505
INDECENCY (see SEXUAL OFFENSES;
OBSCENITY)
INDUSTRIAL
signs
1145.16, 1145.17
INITIATIVE
Chtr. X-1, 4
INSURANCE
driving without
335.072
fraud
545.07
INTERNATIONAL FIRE CODE
adopted
1501.01
INTERNATIONAL PROPERTY
MAINTENANCE CODE
adopted
1349.01
conflict
1349.04
definitions
1349.03
file copy
1349.02
INTERSECTION
defined
301.17
designation
305.04(b), (c)
obstructing
331.33
right of way
331.16, 331.17
shortcutting
331.41
stop signs
313.02
turning at
331.10
2015 Replacement
30
INTIMIDATION
525.15
INTOXICANT, HARMFUL
possessing or using
513.07
trafficking
513.11
INTOXICANTS
age warning signs
529.06
amusement device,
gameroom, in
731.10(a)
definitions
529.01
hours of sale or consumption
529.08
intoxicated persons,
sales to
529.03
investigation and prosecution
cost recovery
123.03
massage establishments,
in
751.14
minors
low-alcohol beverages
529.06
sales prohibitions and
misrepresentations
529.02,
529.021
open container prohibited
529.07
permit for sale or
manufacture
529.05
INTOXICATION
criminal liability
501.07
disorderly conduct
509.03
driving while intoxicated,
testing
333.01
walking on street
371.09
weapon use
549.03
INVASION OF PRIVACY
annoyance
509.09
voyeurism
533.06
JAIL
fees
129.13
JAYWALKING
371.03
JOGGING
371.05
JUNK (see SOLID WASTE)
JURISDICTION
501.05
JUVENILE (see also MINOR)
marihuana paraphernalia
sale to
513.13
material harmful to
deception to obtain
533.12
displaying
533.13
disseminating
533.11
31
GENERAL INDEX
KEYS
parking, removal
driver
351.07
law enforcement officer
303.03
KNIFE (see WEAPONS)
LANDMARK DESIGNATION
Bain Park, Cabin
103.02
building or environmental
change
permitted
1155.06
regulated
1155.04
cemetery
103.01
criteria and procedure
1155.02
designation on property
1155.03(b)
new construction in
Landmark Districts
1155.07
Planning and Design Commission
powers, duties
1155.05
purpose, public policy
1155.01
records
1155.03(a)
LANDSCAPING
district regulations
Automobile Parking
1125.03(c)
Civic and Recreational 1113.09(c)
General Business
1137.07(e)
Low-Rise Planned
Development
1133.06
Office Building
1129.06(d)
Residential Multi-Family,
Garden and High
Rise
1121.18
Residential One and
Two-Family
1117.17
Senior Citizen Housing 1139.11(b)
LAW DEPARTMENT
Assistant Director of Law/
Boards and
Commissions
123.01
Assistant Director of Law/
Prosecutor
123.01
confinement cost recovery
123.02
Director’s duties
Chtr. V-2
employment of special
counsel
123.04
LAW DEPARTMENT (Cont.)
established
Chtr. V-1
investigation and prosecution
cost recovery
123.03
LAW ENFORCEMENT (see individual
subject involved)
LAW ENFORCEMENT OFFICER
(see also PUBLIC
SERVANT)
compliance with traffic
order; fleeing
525.16
defined
501.01
dereliction of duty
525.12
failure to aid, resisting
525.06
fleeing
525.16(b)
hampering at emergency
509.05
ignition key removal
303.03
personating
545.16
refusal to disclose personal
information to in public
place
525.19
traffic order, compliance with 525.16
LAWNS
chemical applicators
exemptions
741.04
notice
occupant of property
741.01
penalty
741.99
posting signs
741.03
removal from abutting
property
741.02
damage
rewards for conviction
541.035
violation
541.03(a)(2)
LEAVES
to be put on tree lawn
543.04
LIABILITY
criminal
501.07
LIBRARY BOOKS
returning
545.21
LICENSE (see also PERMIT)
adult business
753.04 et seq.
amusement device
731.02
apartment building
707.02
compliance to Exterior Property
Maintenance Code
1343.06
dance hall; dance
703.02
2015 Replacement
GENERAL INDEX
LICENSE (Cont.)
driving (see DRIVER’S
LICENSE)
fees (see FEES)
gameroom or arcade
731.03(b)
massage establishment;
massagist
751.02
outdoor public show
709.01
picture machine operator
729.08
rental dwelling
708.01 et seq.
scavenger
723.01
snow removal, commercial
543.08
solicitors
713.02
street sales
717.01
taxicab business
721.02
LICENSE PLATES
display
335.09
expired or unlawful; out of state 335.10
illegal, use of
335.11
rear, illumination
337.04
tax (see MOTOR VEHICLE
LICENSE TAX)
unobstructed
335.10
LIGHTS
in residence areas
509.14
search lights
509.13
vehicle (see VEHICLE LIGHTS)
LIMITATION OF
PROSECUTION
501.06
LIQUOR (see INTOXICANTS)
LITTERING
motor vehicle, from
331.42
prohibited
521.05
LOITERING
drug-related activity
513.16
solicitation, to engage in
533.091
LOTS (see also individual
district involved)
district, in more than one
1109.05
filling, draining
521.04
nonconforming defined
1105.13
LOW-RISE PLANNED DEVELOPMENT
DISTRICT
area
1133.02
cluster planning
1133.10
design standards
1133.08
2015 Replacement
32
LOW-RISE PLANNED DEVELOPMENT
DISTRICT (Cont.)
height
1133.03
landscaping; open space
1133.06
parking and driveways
1133.05
permitted uses
1133.01
signs
permitted
1145.17
prohibited
1145.22
regulations
1133.07, 1145.14
site development plan,
land use prior to
approval
1133.09
yards
1133.04
MAIL CARRIERS
sidewalk, walkway use
required
541.05(a)
MANSLAUGHTER, VEHICULAR 537.02
MANUFACTURED HOME
occupying moving
331.35
MARIHUANA (see also DRUG ABUSE)
cultivation, illegal
513.06
gift
513.02
possessing or using
513.03
MASSAGE ESTABLISHMENTS
advertising, unlawful
533.15
alcohol prohibited
751.14
appeal procedure
751.23
definitions
751.01
drug abuse offenses
751.14
employees registered
751.09
exemptions
751.03
facilities
751.11
hours
751.15
inspection required
751.17
license
application; fee
751.04
approval, denial
751.06
issuance
751.05
posting
751.08
required
751.02
revocation, suspension
751.10
transfer
751.20
location
multiple
751.07
specified in license
751.19
massagist, employment of
751.16
33
GENERAL INDEX
MASSAGE ESTABLISHMENTS (Cont.)
massagist license
posting
751.08
required
751.02
minors prohibited
751.13
name
751.19
operating requirements
751.12
parking
751.21
penalty
751.99
Safety-Service Director rules
751.24
unlawful acts
751.18
violation remedy
751.22
MAYOR (see also PUBLIC SERVANT)
appointments approved by
Council
111.03(a)(67)
authority to appoint
employees
121.02
budget, operating
121.03
emergency, attack, etc. (see
GOVERNMENT CONTINUITY)
inventory, annual
121.04
powers and duties
Chtr. III-5
qualifications
Chtr. III-2
removal
Chtr. III-3
Secretary
121.05
sprinkling ban
521.07
stenographer-recording
secretary
121.01
term
Chtr. III-1
vacancy of office
Chtr. III-4
MECHANICAL AMUSEMENT DEVICES
alcohol or drugs
731.10(a)
tax, admissions
171.02(e)
MEETINGS, OPEN (see also
specific agency involved)
compliance certificate
110.09
construction, chapter
110.01
definitions
110.02
executive sessions
Chtr. XV,
110.07
minutes
110.03
notification
individuals, to
110.06
news media, to
110.05
posting
110.04
MEETINGS, OPEN (Cont.)
required of public bodies
110.03
smoking prohibited
561.05
violation
110.08
MENACING (see also THREATS)
aggravated
537.05
physical harm
537.06
stalking, by
537.051
MINI-BIKE (see ALL PURPOSE
VEHICLE)
MINOR (see also JUVENILE)
air guns or spring-operated
guns, furnishing
549.15
amusement devices and
arcades
731.14
child restraint system
337.26
cigarette, tobacco, nicotine
products distribution
537.16
contributing to unruliness,
delinquency
537.18
curfew
335.031, 509.16
day care registry (see CHILD DAY
CARE SERVICES
RESOURCE REGISTRY)
endangering
537.07
enticement, criminal
537.17
firearm sales
549.17
improperly furnishing stun
guns to
549.16
intoxicant sales
529.02, 529.06
massage establishments,
prohibited in
751.13
unlawful sexual conduct with
533.03
weapons furnished to
549.08
MISDEMEANOR (see OFFENSE)
MOTELS AND HOTELS (see also HOTEL
AND MOTEL TAX)
access to premises
705.03
adult
753.13
definition
705.01
minor securing public
accommodations
529.02
penalty
705.99
registration list
705.02
MOTION PICTURES
business certificate
729.11
compliance
729.03
definition
729.01
2015 Replacement
GENERAL INDEX
MOTION PICTURES (Cont.)
films within booth
729.05
hot carbons
729.06
operator’s license
application
729.08
fee; renewal
729.09
required
729.07
revocation
729.10
penalty
729.99
scope of provisions
729.02
use of picture machines
729.04
MOTOR CARRIERS
parking time limit
351.13
MOTORCYCLE
brakes
337.18
defined
301.19
headlight required
337.03
helmet; glasses
373.06
license to operate
335.01(a)
muffler
337.20
rear-view mirror
337.21
MOTORCYCLE, OFF-HIGHWAY
accident reports
375.07
certificate of title
375.08
definitions
375.01
equipment
375.02
licensing requirements, operator 375.05
operation
permitted
375.04
prohibited
375.03
penalty
375.99
Traffic Code application
375.03
vehicle registration
375.06
MOTORIZED BICYCLE
definition
301.04(b)
driver’s license
373.17
equipment
373.17
lights
337.02
MOTOR VEHICLE
all purpose (see ALL PURPOSE
VEHICLE)
certificate of title
335.08
criminal forfeiture of
335.05(c)
defined
301.20
driving (see DRIVING)
entering or leaving moving
vehicle
371.06
equipment (see VEHICLE
EQUIPMENT)
2015 Replacement
34
MOTOR VEHICLE (Cont.)
homicide by
537.02
immobilization order
335.05(c)
impounding (see IMPOUNDING
VEHICLES)
key removal
driver
351.07
law enforcement officer
303.03
lawn damage; turfing
541.035
license plates (see LICENSE
PLATES)
liquor consumption in
529.04
littering from
331.42
noise (see NOISE CONTROL)
operation (see DRIVING)
parking (see PARKING)
riding on outside
371.06
seat belt usage
337.27
slow moving (see COMMERCIAL
AND HEAVY VEHICLE)
snowmobile (see SNOWMOBILE)
towing fee
129.15
unsafe
337.01
vehicle defined
301.51
unauthorized use
545.06
vehicular vandalism
541.13
weapon handling
549.04
wrongful entrustment of
335.05
MOTOR VEHICLE LICENSE TAX
applicability
175.03
chapter certified
175.05
levy
175.01
purpose
175.01, 175.04
rate
175.02
MOVIE THEATER (see MOTION
PICTURES)
MOVING OF BUILDINGS
cable television wires
733.11(j)
insurance; bonds; approvals
1319.02
movement
not on public property
1319.03
through City
1319.04
permit
fee
1307.08(b)
required
1319.01
timing of application
1319.05
MUFFLER (see VEHICLE EQUIPMENT)
NEGLIGENT HOMICIDE
537.01
35
GENERAL INDEX
NEWSPAPER
drop off deliveries
521.10
notice of open meetings to
110.05
NEWSPAPER DISPENSING DEVICES
advertising matter
735.04
appeals
907.06
application; purpose
735.01
color
907.03(d)
construction; number;
maintenance
735.05
definitions
735.03, 907.02
enforcement
735.07
equitable remedies
735.08, 907.08
exemptions
735.02
impounding
907.09
installation
907.03(b)
location
907.03(a)
penalty
735.99, 907.99
permit
fee; conditions
907.04
required; application
907.01
revocation
907.05
placement
907.03
prohibitions
907.07
removal
907.03(b)
review and approval
procedure
735.06
size
907.03(c)
violation notice
907.09
NOISE (see also DISTURBING THE
PEACE; NOISE CONTROL)
amplifying devices
509.11
animal
505.07
disorderly conduct
509.03
outdoor public shows
709.03
sound trucks
509.12
unreasonable
509.10
NOISE CONTROL
abatement orders
557.07
appeals
557.06(h)
applicability
557.13
commercial, maximum level
557.04
definitions
557.01
NOISE CONTROL (Cont.)
disturbances prohibited
557.02
dwelling or building
inspections
557.05
enforcement signs posted
557.09
exceptions
557.12
motor vehicles
prohibitions
557.03(k), (m)
stationary test
557.05(b)
stopping and testing
557.11
penalty
557.99
prohibited noises
557.03
remedies, other
557.10
residential, maximum level
557.04
severability
557.14
variances
557.06
violation notice
557.08
NOMINATION (see ELECTIONS)
NONCONFORMANCE
buildings
due to reclassification
1141.03
regulations
1141.01
uses
1141.02
changes, additions,
improvements
1141.06
definitions
1105.13
land use
1141.05
signs
1145.09
NUISANCE
animals
505.02
criminal activity
509.18
Dutch Elm disease
547.07
riparian, wetland setback
1339.03
trees and shrubs
547.02, 547.07
weeds
547.04
OATH OF OFFICE
department heads
121.08
OBSCENITY
definitions
533.01
material harmful to juveniles (see
JUVENILE)
presumption of knowledge; actual
notice and defense
533.02
OBSTRUCTING JUSTICE
525.08
OBSTRUCTING OFFICIAL
BUSINESS
525.07
2015 Replacement
GENERAL INDEX
OBSTRUCTIONS
driveways, tree lawns
543.07
watercourse
521.04
OCCUPANCY CERTIFICATE (see
CERTIFICATE OF
OCCUPANCY)
ODORS
noxious or offensive
521.06
OFFENSE (see also individual
subject involved)
classification
501.02
common law, abrogated
501.03
complicity in commission
501.10
compounding
525.04
construction, rules of
501.04
failure to report
525.05
family (see DOMESTIC
VIOLENCE)
fraud (see FRAUD)
gambling
517.01
intimidation of victim or
witness
525.15
jurisdiction
501.05
liability
501.07
penalty
501.99
prosecution limitation
501.06
sexual (see SEXUAL OFFENSES)
theft (see THEFT)
violent, defined
501.01
OFFICE BUILDING DISTRICTS
area
1129.05
compliance
1129.01
height
1129.08
office buildings may be in
General Business
District
1129.04
parking facilities
accessory
1129.14
accessways
1129.17
application and design
1129.21
approval of
1129.19
illumination
1129.20
number of spaces
1129.16
size of spaces
1129.15
surface improvements
1129.18
2015 Replacement
36
OFFICE BUILDING DISTRICTS (Cont.)
permitted uses
1129.02
residential buildings,
construction prohibited 1129.03
signs
area
1129.10
illumination
1129.12
location
1129.11
permitted
1145.17
prohibited
1145.22
regulations
1145.15
type; number
1129.09
sewer survey; City Engineer
approval
1129.23
trash area required
1129.22
yards
projections into
1129.07
size
1129.06
OFFICIALS, MUNICIPAL (see
PUBLIC SERVANT)
OFF-STREET PARKING (see also
PARKING)
Automobile Parking Districts Ch. 1125
Business Districts
1137.10 et seq.
Civic and Recreational
Districts
1113.05 et seq.
Low-Rise Planned Development
District
1133.05
massage establishments
751.21
Office Building
Districts
1129.14 et seq.
Residential One and TwoFamily Districts
1117.21
Senior Citizen Housing
District
1139.19
OHIO BUILDING CODE
adoption
1313.01
application
1313.03
compliance
1313.04
conflict
1313.08
copies
1313.07
enforcement
1313.09
notice of violations
1313.06
orders
1313.06
penalty
1313.99
37
GENERAL INDEX
OHIO BUILDING CODE (Cont.)
purpose
1313.02
use and maintenance
1313.05
ONE-WAY STREET (see STREET)
ORDINANCES AND RESOLUTIONS
(see also CODIFIED
ORDINANCES)
appropriation ordinance
Chtr. VIII-2
assessments, improvements
Chtr. IV-13(a)
contracts
Chtr. IV-13(b)
Council legislative action
by
Chtr. IV-11
effective date
Chtr. IV-12
for assessments, contracts,
sale of City
property
Chtr. IV-13
initiative
Chtr. X-1, 4
introducing
111.17
invalidity
110.08
newspaper publication
113.01
parks
Chtr. IV-15
passage; form; voting;
types
111.03(a)(44) et seq.
procedure; posting
Chtr. IV-11
referendum
Chtr. X-2, 4
sale of municipal
property
Chtr. IV-13(c)
zoning ordinances
procedure
Chtr. IV-14
voter approval
Chtr. IV-16
ORGANIZATION
liability
501.11
penalty
501.99(b)
personal accountability
501.12
OUTDOOR PUBLIC SHOWS
clean-up
daily
709.03
deposit for final
709.02
license
application
709.02
required; fee
709.01
noise
709.03
penalty
709.99
OVI
driving under suspension
335.071
prohibitions
333.01
PAINT REMOVAL, POWER
SPRAYING
compliance with laws
745.06
liability limitation
745.05
license
application
745.02
required
745.01
penalty
745.99
permit required
745.03
work restrictions
745.04
PARADE
permit; fee
311.02
PARKING
alleys and narrow streets, in
351.11
all night
351.16
angle
351.05
bicycle
373.12, 373.13
brake, setting
351.07
bus stop, in
351.10
detached commercial trailer
351.15
emergency, safety vehicle,
near
331.27
gamerooms or arcades
731.15
handicapped (see HANDICAPPED
PERSONS)
key removal
driver
351.07
law enforcement officer
303.03
liability for violation
351.02
loading zone
351.09
motor carrier
351.13
moving another’s vehicle into
prohibited place
351.14
off-street (see OFF-STREET
PARKING)
on private property without
owner’s consent
307.11
opening door on traffic side
351.08
owner prima-facie liable
351.02
parallel
351.04
posted, private property 307.11, 351.20
prohibited places
351.03, 351.12
removal of unattended vehicle 351.01
2015 Replacement
GENERAL INDEX
PARKING (Cont.)
selling, washing or repairing
vehicle
351.06
snow emergency ban
351.17
space, designation
authority
305.04(p), (q)
stopping engine
351.07
taxicab stand, in
351.10
trailer, commercial
351.15
waiver
351.19
yards, in
351.21
PARKS
Bain Park
pavilion
923.08
renamed
921.03
Bohlken Park
921.01
dedication, use, legislation Chtr. IV-15
dogs in
505.10
hours
921.04
hours; permit for after
hours use
541.09
Morton Park
921.02
persons prohibited
927.05
recreation facilities
custodian
923.02
false application;
prohibited conduct
923.06
fee exemptions
923.07
furniture, equipment
923.04
management
923.01
penalty
923.99
rates, deposits
923.05
rental regulations
923.03
rules
921.05
Tri-City
921.06
PARKS AND RECREATION
COMMISSION (see also
RECREATION
DEPARTMENT)
Council, Mayor, Safety-Service
Director’s powers
135.02
membership; powers and
duties; mandatory
referral to
Chtr. VII-3
powers and duties
135.01
2015 Replacement
38
PAY TELEVISION (see CABLE
TELEVISION)
PCB (see POLYCHLORINATED
BIPHENYLS (PCB’s))
PEDDLERS (see SOLICITORS)
PEEPING TOM
533.06
PEDESTRIAN
blind person
371.02
bridge, on
371.10
control signal, special
313.05
crosswalk
right half
371.04
right of way
371.01
diagonal crossing of
intersection
371.03
freeway, on
303.06
hitchhiking
371.06
intoxicated on street
371.09
jaywalking
371.03
path, shared-use
301.361
right of way, yielding 371.03, 371.08
running and jogging
371.05
sidewalk, right of way
371.07
soliciting ride
371.06
walking on street
371.05
PENALTY
Building Code, general
1303.99
conflict of interest
109.99
Exterior Property Maintenance
Code
1343.99
Housing Code
1355.99
offense
501.99
Ohio Basic Building Code
1313.99
signs
1145.99
subdivision regulations
1183.99
Traffic Code
303.99
Zoning Code
1149.99
PERMIT (see also LICENSE)
alarm systems
129.10(d)
bonfire
1511.05
building (see BUILDING PERMIT)
commercial and heavy
vehicle use
excess load; fee
339.02
use
339.01
39
GENERAL INDEX
PERMIT (Cont.)
compliance to Exterior Property
Maintenance Code
1343.06
conditional use
1149.11
curb cut
903.07
dance; temporary
703.09
fees (see FEES)
fire hydrant use
1501.03 (F-414.1)
floodplain development
1333.03(c)
et seq.
grading, street cleaning
909.01
intoxicant sale or manufacture 529.05
moving of building
1319.01
newspaper dispensing device
907.01
parades/special events
311.02
park use after closing hours
541.09
portable storage units
1335.02
radioactive materials
transportation
343.02
sewers, construction
911.04
sidewalk construction
903.02
sidewalk repair
903.05
signs
1145.07
smoke detector, electrical
1331.06
storm water quality
management
1337.07
street cleaning, excavators
909.02
swimming pool
1321.01
tattoo operations
755.02 et seq.
temporary driver’s
instruction
335.03
tree and shrub
547.01, 547.03
trees
moving
905.11
planting, treating
905.04
Zoning Code compliance
1101.04
PHYSICAL CONTROL
333.01
PHYSICAL HARM
defined
501.01
intimidation of victim or
witness
525.15
PICKETING
definition
539.01
disturbing peace
539.03
obstructing traffic
539.02
penalty
539.99
picketing for hire
539.05
threats and violence
539.04
PICTURE MACHINE (see MOTION
PICTURES)
PLANNED DEVELOPMENT DISTRICT
(see LOW-RISE PLANNED
DEVELOPMENT
DISTRICT)
PLANNING AND ZONING (see
ZONING CODE)
PLANNING AND DESIGN
COMMISSION
landmark designation
1155.05
lapse of approval
1149.05(m)
membership; powers and duties;
mandatory referral
to
Chtr. VII-2
notice of meetings
137.02
powers and duties
137.01
quorum and vote
137.03
Secretary
133.05
zoning amendments 1157.01, 1157.02
PLUMBING
permit fees
1307.05
POLICE CHIEF
appointment, dismissal
Chtr. V-1
building permit review
1307.02(c)(1)
dance hall duties
703.10
motel and hotel, access to
705.03
POLICE DEPARTMENT
alarm connection; fee
129.09(c)
appointment; term
129.03
auxiliary officers
129.06
Clerk
129.04
composition
129.01
Crime Prevention Bureau
129.10
established
Chtr. V-1
Law Enforcement Trust Fund
129.12
Matron
129.05
Police on Patrol Arresting Speeders
(POPAS) Unit
333.11
polychlorinated biphenyls (PCB’s)
notice of
555.02 et seq.
private policemen
129.07
retirement
129.08
towing; administrative fee
129.15
work week
129.02
2015 Replacement
GENERAL INDEX
POLICE OFFICER (see LAW
ENFORCEMENT OFFICER)
POLITICAL SIGNS
1145.18
POLYCHLORINATED BIPHENYLS
(PCBs)
clean-up
555.05
definitions
555.01(b)
identification, information
555.02
notice
contents, minimum
555.04
when required; to whom
555.03
penalty
555.99
purpose
555.01
removal
555.06
POOLS (see SWIMMING POOLS)
PORTABLE STORAGE UNITS
definitions
1335.01
duration
1335.03
number of units
1335.05
penalty
1335.99
permit required
1335.02
placement requirements
1335.04
PRIVATE POLICEMEN
129.07
PRIVATE ROAD (see also STREET)
right of way
entering
331.17
leaving
331.22, 331.23
speed limit
333.10
stop signs
331.39
turning into
331.11
PROCURING (see PROSTITUTION)
PROJECTIONIST (see MOTION
PICTURES)
PROPERTY (see also PROPERTY
DESTRUCTION)
defined
501.01
identification marks removed
545.21
library books, returning
545.19
maintenance (see EXTERIOR
PROPERTY MAINTENANCE
CODE)
municipal (see CITY)
parking on private property
without owner’s
consent
307.11, 351.20
shopping carts
545.20
unauthorized use
545.08
2015 Replacement
40
PROPERTY DESTRUCTION
arson
541.01, 541.02
criminal damaging or
endangering
541.03
criminal mischief
541.04
desecration
541.07
motor vehicle, by
333.02(c)
shrubs, trees, crops
541.06
traffic signals
313.08
PROPERTY MAINTENANCE
OFFICER
133.06
PROSTITUTION
defined
533.01
loitering to engage in
533.091
procuring
533.08
prohibited
533.10
soliciting
533.09
PUBLIC OFFICIAL (see PUBLIC
SERVANT)
PUBLIC PROPERTY
custodian
923.02
management and operation
923.01
rental
application statements,
false
923.06(a)
conduct prohibited
923.06(b)
fee exemptions
923.07
furniture, equipment,
decorations
923.04
penalty
923.99
rates, deposits
923.05
regulations
923.03
PUBLIC SAFETY VEHICLE (see also
EMERGENCY VEHICLE)
approaching when stationary 333.031
defined
301.27
exemptions
303.041
following, parking near
331.27
pedestrian to yield to
371.08
right of way
331.21
speed exceptions
333.06
stop sign or signal, effect
331.20
41
GENERAL INDEX
PUBLIC SERVANT (see also specific
official involved)
civil rights interference
525.13
compensation, bonds;
fixing
Chtr. IV-6
conflict of interest
109.05
contract interest
525.10
defined
525.01
elections (see ELECTIONS)
emergency, attack, etc. (see
GOVERNMENT
CONTINUITY)
ethics (see CODE OF ETHICS)
impersonation
525.03
improper compensation
525.11
obstructing
525.07
PUBLIC SERVICE AND
DEVELOPMENT
DEPARTMENT
amusement device rules and
regulations
731.03(c)
Clerk
127.03
Director (see PUBLIC SERVICE AND
DEVELOPMENT DIRECTOR)
established
Chtr. V-1
polychlorinated biphenyls (PCBs)
notice of
555.02 et seq.
Signals and Signs Division
127.02
PUBLIC SERVICE AND
DEVELOPMENT DIRECTOR
appointment; duties
Chtr. V-4
Assistant in charge of
Public Works
127.01
authority to appoint employees 121.02
motel and hotel, access to
705.03
Secretary
121.05
traffic control
Council may override
305.08
device placement
305.02
powers
305.04
records
305.07
Traffic Engineering and Safety
Division head
305.01
PUBLIC SHOWS (see OUTDOOR
PUBLIC SHOWS)
PUBLIC WORKS
Director
127.01
PURCHASING
recycled paper products
113.04
QUARANTINE
animal bites
505.07
QUIET ZONE
designation authority
305.04(j)
sounding horn in
311.03
RABIES VACCINATION
505.18
RADIOACTIVE MATERIALS
TRANSPORTATION
definitions
343.01
notice
343.03
penalty
343.99
permit
issuance
343.04
required
343.02
RAILROAD
definitions
301.28 et seq.
grade crossing
obstructing
331.33
stop sign placement
305.04(n)
REAL ESTATE
condominiums (see CONDOMINIUM
DEVELOPMENTS,
CONVERSION)
signs
1145.15(c)(11)
RECALL
Chtr. X-3, 4
RECEIVING STOLEN
PROPERTY
545.18
RECKLESS DRIVING (see DRIVING)
RECORDS AND REPORTS
accident, snowmobile or all
purpose vehicle
377.07
animals, exotic or dangerous
escape
505.16
bicycle repair or sale
375.08
bingo
517.07
cable television
records, files
733.09
reports, operational
733.18
failure to report crime or
death
525.05
falsification
525.02
fireworks exhibition
permits
1519.02(d)
income tax
173.2310
landmark designation
1155.03(a)
minutes, open meetings
110.03
sewer
discharger
911.11
pretreatment standards
915.05(c),
915.07
tampering with
545.14
wounds and burns
525.05
Youth Commission
149.04
2015 Replacement
GENERAL INDEX
RECREATION (see PARKS; PARKS
AND RECREATION
COMMISSION)
RECREATION AND COMMUNITY
CENTER COMPLEX
fees
927.02
furniture, equipment,
decoration
927.04
management
927.01
rental regulations
927.03
RECREATIONAL DISTRICT (see
CIVIC AND RECREATIONAL
DISTRICT)
RECREATIONAL VEHICLE
flood hazard regulations
1333.04(g)
residential storage; fee
1307.08(o)
RECREATION COMMISSION (see
PARKS AND RECREATION
COMMISSION)
RECREATION DEPARTMENT (see also
PARKS AND RECREATION
COMMISSION)
appropriation of funds
136.04
Director
Chtr. V-5; 136.02
established
136.01
Secretary-Program
Coordinator
136.03
REFERENDUM
Chtr. X-2, 4
REFRIGERATOR
abandoned
521.01
REFUSE (see SOLID WASTE)
RENTAL DWELLING LICENSE
application
708.03
cancellation
708.07
definitions
708.01
fee
708.02
inspections
708.05
ownership, change in
708.04
penalties
708.99
required
708.02
revocation of
708.07
right of entry
708.06
RENTAL PROPERTY (see
RESIDENTIAL OCCUPANCY
STANDARDS;
CERTIFICATE OF
OCCUPANCY;
HOUSING CODE)
RESIDENCE DISTRICT
defined
301.31
lights in
509.14
noise level, maximum
557.04
2015 Replacement
42
RESIDENTIAL CODE OF OHIO
adopted
1309.01
copies
1309.02
definitions
1309.03
purpose
1309.01
RESIDENTIAL MULTI-FAMILY,
GARDEN AND HIGH RISE
DISTRICTS
accessory uses
1121.04
access to prohibited uses
1121.07
area
regulations
1121.09
size schedule
1121.10
compliance
1121.02
dwelling unit area
regulations
1121.20
size schedule
1121.21
height
1121.19
one and two-family units
1121.01
parking facilities
accessory
1121.25
accessways to
1121.28
application; design
1121.35
approval of
1121.31
illumination
1121.32
location and use
1121.29
number of spaces
required
1121.27
size of each space
1121.26
surface improvements
1121.30
permitted uses
1121.03
recreational facilities
1121.33
sewer survey
1121.34, 1121.37
signs
area
1121.23
location
1121.24
permitted
1145.17
prohibited
1145.22
regulations
1145.14
type; number
1121.22
soil removal
1121.06
storage
1121.08
temporary uses
1121.05
trash areas required
1121.36
yards
accessory buildings
1121.16
fences, shrubs, etc.
1121.18
generally
1121.11
group development
1121.14
maintaining
1121.15
projections into
1121.17
single development
1121.13
size schedule
1121.12
43
GENERAL INDEX
RESIDENTIAL OCCUPANCY
STANDARDS
access and egress
1357.26
compliance required
1357.01
electric facilities
1357.16
flue connections
1357.14
habitable floor area
defined
1357.02
dimensions
1357.03
habitable rooms below grade 1357.04
heating
capacity
1357.12
equipment location
1357.15
supply of heat
1357.13
kitchens, commercial
1357.09
kitchens, bathrooms,
water closets
1357.07
maintenance
exteriors
1357.21
exterior property
1357.24
foundations
1357.19
infestation
1357.23
responsibilities
1357.17
requirements generally
1357.18
roofs, gutters
1357.20
secondary structures
1357.25
plumbing fixture
connections
1357.10
required facilities
1357.08
rubbish, garbage disposal
1357.11
ventilation
1357.06
window area
1357.05
RESIDENTIAL ONE AND
TWO-FAMILY DISTRICTS
access to prohibited uses
1117.05
area
insufficient lot
1117.10
regulations
1117.08
size schedule
1117.09
compliance required
1117.01
dwelling unit area
regulations
1117.19
size schedule
1117.20
height
1117.18
off-street parking
1117.21
parking facilities
surface improvements
1117.22
permitted uses
1117.02
signs
permitted
1145.17
prohibited
1145.22
regulations
1145.13
RESIDENTIAL ONE AND TWOFAMILY DISTRICTS (Cont.)
soil removal
1117.04
storage
enclosed
1117.06
recreation equipment
1117.07
temporary uses
1117.03
yards
accessory buildings
1117.15
fences, shrubs, etc.
1117.17
group development
1117.13
maintaining
1117.14
projections into
1117.16
regulations
1117.11
size schedule
1117.12
RESISTING ARREST
525.09
RESTRAINT, UNLAWFUL
537.08
RIGHT TURN ON RED
313.03(c)
RIOT
curfew
509.15
failure to disperse
509.02
prohibited
509.01
RIPARIAN SETBACKS AND WETLAND
SETBACKS
appeals
1339.16
applicability
1339.07
boundary interpretation
1339.16
conflicts
1339.03
consultation
1339.05
definitions
1339.06
disclaimer of liability
1339.02
effective date
1339.04
establishment
1339.08, 1339.09
inspection of
1339.17
mitigation of impact on
1339.11
nonconforming structures in
1339.14
nuisances
1339.03
penalties
1339.99
permitted uses in
1339.12
prohibited uses in
1339.13
public purpose
1339.01
variances
1339.15
violations
1339.18
ROAD SERVICE VEHICLE
approaching
333.031
defined
301.321
RUBBISH (see SOLID WASTE)
SAFETY ZONE
driving through
331.29
2015 Replacement
GENERAL INDEX
SALES
altering objects to appear to
have value
545.13
clove cigarettes prohibited
513.14
criminal simulation of objects
545.13
garage, yard, etc. (see
HOME SALES)
intoxicants
529.01 et seq.
solicitors (see SOLICITORS)
street (see STREET SALES)
weapons
549.07 et seq.
SATELLITE RECEIVING STATIONS
conditions
1117.17(g)
defined
1105.05(i)
permit fee
1307.08(n)
S.A.V.E. REWARDS PROGRAM
established
129.11(a)
fund
125.12
regulations
129.11
Rewards Committee
129.11(d)
SCAVENGER
definition
723.02
license fee, conditions
723.01
recyclable materials
prohibited
723.03
SCHOOL
definitions
501.01(n) et seq.
disorderly conduct
509.03(e)
false information to
509.08
SCHOOL BUS (see BUS)
SCHOOL CROSSING GUARDS
121.06
SEARCHLIGHTS
509.13
SEDIMENT CONTROL (see SOIL
EROSION AND SEDIMENT
CONTROL)
SEMITRAILER (see COMMERCIAL
AND HEAVY VEHICLE)
SENIOR CITIZENS (see also SENIOR
LIFE OFFICE)
abuse and neglect
537.19
SENIOR CITIZENS ADVISORY
COUNCIL
147.02
SENIOR CITIZEN HOUSING
DISTRICT
accessways to nonpermitted
uses
1139.07
defined
1139.01
development plans criteria
1139.21
dwelling unit area
1139.15
garages
1139.19
2015 Replacement
44
SENIOR CITIZEN HOUSING
DISTRICT (Cont.)
height regulations
1139.14
illumination
1139.18
land coverage, maximum
1139.13
landscape features
1139.17
lot area and width
1139.09
parking areas
1139.23
parking, off-street
1139.19
purpose
1139.02
sewer survey
City Engineer approval
1139.20
deposit
1139.22
signs
permitted
1145.17
prohibited
1145.22
regulations
1139.16, 1145.14
soil removal
1139.06
storage, open prohibited
1139.08
trash areas
1139.24
uses
accessory
1139.04
permitted
1139.03
temporary
1139.05
utilities underground
1139.21(c)
yards
general regulations
1139.11
projections into
1139.12
regulation schedule
1139.10
structures
1139.17
SENIOR LIFE OFFICE
Advisory Council
147.02
Director
Chtr. V-5A, 147.01
reports to Council
147.04
rules and regulations
147.03
SERVICE DEPARTMENT (see PUBLIC
SERVICE AND DEVELOPMENT DEPARTMENT)
SEWERS
appeals
911.12
charges (see SEWER SERVICE
CHARGES)
connections
clear water
911.02
limitations
911.03
control; care
911.01
definitions
911.00
design
911.04
45
GENERAL INDEX
SEWERS (Cont.)
discharge standards
911.06
discharger reporting
911.11
downspout connection
1317.12
inspection; enforcement
911.09
NPDES Permit
911.07
penalty
911.99
permit
911.04
permit fee
1307.05(j), 1307.08(m)
service
annexation not
prerequisite
911.21
test procedures
911.10
SEWER SERVICE CHARGES
cesspool disposal
911.15(c)
collection; billing
911.16
effective date
911.17
intent; purpose
911.13
liens
911.18
no free service
911.22
North Olmsted Sewer
District
911.15(b)
payment
lessor, lessee liability
911.19
through banks
911.20
readiness-to-serve
911.05
Rocky River Sanitary Sewer
District
911.15(a)
separate water meter
913.06
surcharge
extra-strength wastes
911.15(d)
industrial wastes
911.08
water consumption
911.15(e)
SEWERS, PRETREATMENT
administration
915.05
appeal
915.06(d)
bypass
915.12
calculations, net/gross
915.09(b)
compliance
915.05(a)
confidentiality
915.05(g)
conflict
915.11
cost recovery by City
915.07(b)
definitions
915.02
SEWERS, PRETREATMENT (Cont.)
discharge
accidental
915.03(d)
data disclosure
915.05(b)
regulations
915.03
enforcement
915.06
falsification
915.07(c)
fees, purpose
915.04
general provisions
915.01
monitoring facilities
915.05(d), (e)
penalty
915.07(a)
records retention
915.08
removal credits
915.09(a)
reporting requirements
915.05(c)
separability
915.10
service suspended or
revoked
915.06(c)
SEXUAL OFFENSES
corruption of juvenile
533.03
definitions
533.01
importuning
533.05
imposition
533.04
indecency in public
533.07
massage (see MASSAGE
ESTABLISHMENTS)
prostitution (see PROSTITUTION)
sex offenders residency
533.14
voyeurism
533.06
SHADE TREE ADVISORY COMMITTEE
(see also TREES AND SHRUBS)
creation; members
150.01
powers and duties
150.02
SHOPLIFTERS
detention and arrest
545.04
SHOPPING CARTS
removal from premises
545.22
SHORTCUTTING
331.39
SHOWS
motion pictures (see MOTION
PICTURES)
outdoor (see OUTDOOR
PUBLIC SHOWS)
SHRUBS (see TREES AND SHRUBS)
2015 Replacement
GENERAL INDEX
SIDEWALK
bicycle, riding on
373.08
construction
bond or deposit
903.03
City, by
bids
903.10
corner lots; credit
903.11
Engineer’s approval
903.04
line and grade
903.06
penalty
903.99
permit
903.02
permit fee
1307.08(e)
required
903.01
curb cuts
903.07
defined
301.37, 903.001
driving over
331.37
pedestrian right of way
371.07
pedestrian use required
371.05
protection within
planking
543.05
removing snow from
543.01 et seq.
repair
line and grade
903.06
notice
903.08
penalty
903.99
permit fee
1307.08(e)
repair by City
903.09
vehicle to stop at
331.23
SIGNS (see also ADVERTISING)
areas of special control
1145.21
Building Commissioner
duties
1145.12
classification of
1145.03
definitions
1145.03
design standards
1145.05
Districts
Business
1145.15
Civic and Recreational
1145.19
Low-Rise Planned
Development
1145.14
Office Building
1145.15
permitted in all
1145.17
prohibited in all
1145.22
2015 Replacement
46
SIGNS (Cont.)
Districts (Cont.)
Residential Multi-Family,
Garden and High
Rise
1145.14
Residential One and
Two Family
1145.13
Senior Citizen Housing
1145.14
exemptions
1145.02(d)
historic, scenic, architectural
areas
1145.21
home sales
737.05, 1145.13(g)
illumination of
1145.06
intent
1145.01
lawn chemical applicators
741.03
maintenance, removal
1145.08
measurement standards
1145.04
mural or pictorial
1145.20
nonconforming
1145.09
penalty
1145.99
permit
application, approval
1145.07
exceptions
1145.07(h)
fee
1145.11, 1307.08(g)
revocation
1145.07(g)
plan examination fee
1307.02(b)
political
1145.18
real estate
1145.15(c)(11)
regulations established
1145.02
review, chapter
1145.24
severability
1145.23
smoking prohibited
561.06
variance
1145.10
SIREN
vehicle
337.19
SKATEBOARD (see TOY VEHICLES)
SLEDS
attaching to vehicle
373.07
SLUG
defined
545.01(j)
making or using
545.11
47
GENERAL INDEX
SMOKE DETECTORS (see also
FIRE PREVENTION)
certification
1331.05
enforcement
1331.08
equipment
1331.03
Fire Prevention Code;
conflicts
1331.07
installation
1331.04
location
1331.02
penalty
1331.99
permit, electrical
1331.06
requirements
1331.01
SMOKING IN MUNICIPAL
BUILDINGS (see also
TOBACCO PRODUCTS)
definitions
561.01
enforcement
561.07
exceptions
561.03
meetings, prohibited at
561.05
penalty
561.99
prohibition as condition of
employment
561.04
relation to other laws
561.08
restrictions
561.02
signs
561.06
violations
561.09
SNOW REMOVAL
commercial; license
543.08
moving and storing off
of street
351.18
removing from
driveway
543.02
sidewalk
543.01
SNOW EMERGENCY
parking ban
351.17
SNOWMOBILE
accident report
377.07
bicycle path use prohibited
373.19
definitions
377.01
equipment
377.02
helmet; glasses
373.06
operation
permitted
377.04
prohibited
377.03
operator’s license
377.05
registration
377.06
Traffic Code application
377.03
SOLICITING
prohibited on highway
371.06
SOLICITORS
appeals
713.09
defined
713.01
exceptions
713.07
SOLICITORS (Cont.)
license
application
713.03
display
713.10
issuance; duration
713.04
required
713.02
revocation
713.08
limitations
713.06
penalty
713.99
receipt for down payment
713.11
restrictions
713.05
SOLID WASTE
accumulation
definitions
1325.01
enforcement
1325.02
exceptions
1325.04
garbage receptacles
1325.05
penalty
1325.99
prohibited
1325.03
violation; abatement
1325.06
collection
expiration
929.06
funds
929.05
hours
521.12
payments
929.02
rates
929.01
compost piles
1347.01(a)(8)
containers
locking commercial
521.09
restrictions
521.08
deposits on public, private
property
521.05
environmentally acceptable
packaging
City purchases prohibited
743.06
definitions
743.01
enforcement
743.03
exemptions
743.05
penalty
743.99
prohibitions
743.02
rules and regulations
743.04
garbage receptacles
1325.05
recycling
paper products, City to
purchase
113.04
scavengers, employment of
723.01
scavenging recyclable
materials
723.03
sharp waste; hypodermic
needles
521.11
2015 Replacement
GENERAL INDEX
SOLID WASTE (Cont.)
trash areas required; districts
Civic and Recreational
1113.14
General Business
1137.22
Office Building
1129.22
Residential Multi-Family,
Garden and High Rise 1121.36
Senior Citizen Housing
1139.24
SOIL EROSION AND SEDIMENT
CONTROL
conflicts
1336.04
definitions
1336.02
disclaimer of liability
1336.03
easements
1336.11
inspections
1336.10
maintenance
1336.10
nuisances
1336.04
penalty
1336.99
performance standards
1336.09
purpose
1336.01
scope
1336.01
storm water pollution
prevention plan
1336.05 et seq.
violations
1336.12
SOUND
amplifying devices
509.11
trucks
509.12
SPECIAL EVENT
permit and fee
311.02
SPEED
bridge, limitations
333.05
construction zone,
vehicular assault in
537.021
drag racing
333.07
emergency, public safety
vehicle
333.06
maximum limits
333.03
Police on Patrol Arresting
Speeders (POPAS) Unit 333.11
private roads and driveways
333.10
slow, minimum
333.04
SPRINKLING BAN
521.07
STALKING
menacing
537.051
trespass
541.051
STENCH BOMBS (see WEAPONS)
STOP SIGNS (see TRAFFIC
CONTROL DEVICE)
STOP WORK ORDER 1149.07, 1303.02,
1313.06
STORAGE
on street
543.03
2015 Replacement
48
STORM DRAINAGE
exemptions
1195.02
performance standards
1195.01
STORM WATER QUANTITY
MANAGEMENT
application procedures
1337.05
conflicts
1337.04
definitions
1337.02
disclaimer of liability
1337.03
nuisances
1337.04
performance standards
1337.08
permit
1337.09
purpose
1337.01
scope
1337.01
storm water quantity
management plan
1337.07 et seq.
violations
1337.10
STREET
animal on
303.05
bicycle, riding on
373.08
cleaning; permit fee
1307.08(h)
closed for repair, driving on
331.26
defined
301.42
divided, driving procedure
331.31
excavation, cleaning up
909.01
expressway, entering and
leaving
331.32
freeway
backing vehicle on
331.13
entering and leaving
331.32
prohibited use
303.06
injurious material, placing on
311.01
jogging prohibited
371.05
lane-use control
signal indications
313.04
leaves to be put on tree
lawn
543.04
load, dropping on
339.08
median
301.181
Maintenance and Improvement
Fund
125.10
obstruction
311.01
one-way
designation authority
305.04(d)
driving on
331.30
openings (see EXCAVATIONS)
parades; permit
311.02
parking prohibitions
351.03, 351.12
play, designation authority
305.04(j)
playing games in
311.04
private (see PRIVATE ROAD)
snow removal from
351.18
storing material on
543.03
49
GENERAL INDEX
STREET (Cont.)
through
designation
305.04(a)
right of way
331.18, 331.19
stop, yield signs
313.02
toy vehicles
311.05
STREET LAWN (see also TREE LAWN)
driving over
331.37
STREET SALES
attendant for vehicle sales
717.03
license
fee
717.02
required
717.01
penalty
717.99
STRIKES (see COLLECTIVE
BARGAINING)
STUN GUNS
defined
549.01(o)
improperly furnishing to
minor
549.12
purchase and possession
restricted
549.13
SUBDIVISION REGULATIONS
definitions
1183.04
flood damage prevention
1333.04
improvements
1191.05
major subdivision
acceptance and dedication 1191.06
additional requirements
1191.05
application
Commission approval 1191.03
Council, referred to
1191.04
filing
1191.01
information
1191.02
minor subdivision application
Commission approval
1187.03
Commission action,
notation of
1187.04
deposit for preliminary
investigation
1187.05
filing
1187.01
information
1187.02
penalty
1183.99
purpose; further regulations
1183.03
relation to other laws
1183.02
title
1183.01
SUNSHINE LAW (see MEETINGS,
OPEN)
SURVEILLANCE CAMERAS
automated teller machines
129.091
SWIMMING POOLS
areaway around
1321.08
enforcement of provisions
1321.03
SWIMMING POOLS (Cont.)
fence
location
1321.07
required
1321.06
lighting
hours of
1321.09
underwater
1321.10
location
1321.04
measuring building height
1321.05
permit fee
1307.08(d)
permit required
1321.01
plans
1321.02
SWITCHBLADE (see WEAPONS)
TAMPERING
criminal mischief
541.04
fire hydrant
541.08
records
545.14
utilities
545.25
TATTOO OPERATIONS
definitions
755.01
inspections
755.07
permits
755.02 to 755.04
plan requirements
755.05
sanitation standards
755.06
variances
755.08
TAX AUDITOR
125.05
TAXATION
Admissions Tax (see
ADMISSIONS TAX)
extra levy
Chtr. VIII-9
hotel/motel
Ch. 706
Income Tax (see INCOME TAX)
motor vehicle license (see MOTOR
VEHICLE LICENSE TAX)
property
Chtr. VIII-8
Tax Auditor
125.05
TAXICABS
definitions
721.01
license
application; insurance
721.03
change of facts
721.06
fee; issuance
721.04
renewal
721.05
required
721.02
operator’s license
721.07
parking on street
351.13
penalty
721.99
prohibitions
721.08
rate display
721.07
stands
designation authority
305.04(l)
parking in
351.10
2015 Replacement
GENERAL INDEX
TELEPHONE
advertisement transmitted to
facsimile device
537.20
harassment
537.10
misuse of 911 system
537.12
TELEVISION
satellite receiving dish
permit fee
1307.08(n)
TELEVISION, CABLE (see CABLE
TELEVISION)
TEMPORARY PROTECTION
ORDER
537.15
TENANTS
condominium conversions (see
CONDOMINIUM DEVELOPMENTS, CONVERSION)
TEXTING
prohibited while driving
331.341,
333.13
THEATER (see MOTION PICTURES)
THEFT
alarm systems; fees
129.09
criminal tools, possession
545.19
definitions
545.01
petty
545.05
property
determining value
545.02
felony exceptions
545.03
identification marks
removed
545.23
receiving stolen
545.18
unauthorized use
545.08
shoplifters
545.04
unauthorized vehicle use
545.06
utilities
545.25
vehicle alarm signal
337.19
THREATS (see also MENACING)
coercion
537.09
picketing
539.04
words or gestures
509.09
THROUGH STREET (see STREET)
TIRES (see VEHICLE EQUIPMENT)
TOBACCO PRODUCTS
clove cigarettes prohibited
513.14
minor, illegal
distribution
537.16
smoking (see SMOKING IN
MUNICIPAL BUILDINGS)
2015 Replacement
50
TOWING
police administrative fee
129.15
requirements
339.07
TOY VEHICLES
attaching to vehicle
373.07
on streets
311.05
skateboards
penalty
303.99(a)(15)
reckless operation;
speed
373.18
TRAFFIC CODE
definitions
Ch. 301
government vehicles
303.07
identity falsified upon
violation
303.08
penalty for violation
303.99
road workers, equipment
excepted
303.04
violations
305.09
TRAFFIC CONTROL DEVICE
advertising on
313.07
alteration, removal
313.08
ambiguous or nonworking
313.09
beacon; hybrid beacon
301.031
center line, painted
313.08
conformity with State Manual
305.03
Council powers
305.08
defined
301.46
hidden
313.07
highway traffic signal
301.162
lane-use control
signal indications
313.04
obedience required
313.01
pedestrian control signal, special 313.05
placement authority,
considerations
305.02
portable signal preemption
devices prohibited
313.11
possession or sale, unlawful
313.10
posting required
305.05
Public Service and Development
Director
authority
305.02
powers
305.04, 305.06
records
305.07
removal, injury
313.08
Signals and Signs Division
127.04
51
GENERAL INDEX
TRAFFIC CONTROL DEVICE (Cont.)
stop sign or signal
emergency vehicle
331.20
operation at
331.19
placing
313.02
private roads or
driveways
331.39
public safety vehicle
331.20
right of way
331.19
through streets, signs at
313.02
unauthorized
313.07
violations
305.09
yield sign
operation at
331.18
placing
305.04(c), 313.02
TRAFFIC ENGINEERING AND
SAFETY DIVISION
creation; executive head
305.01
TRAFFIC SIGNAL (see TRAFFIC
CONTROL DEVICE)
TRAILER
occupying moving
331.35
TRASH (see SOLID WASTE)
TREE LAWN
driving over
331.37
obstructing
543.07
TREES AND SHRUBS
base, open space
905.09
Beautification Trust Fund
125.11
City Arborist
appointment, jurisdiction
905.02
authority re private
premises
905.12
interference with
prohibited
905.13
DDT prohibited
547.05
definitions
905.01
destruction
541.06
elms
diseased or dead
547.06
Dutch Elm disease
547.07
TREES AND SHRUBS (Cont.)
hedges, hazardous
547.08
injuring
547.01
Master Street Tree Plan
905.03
moving permit
905.10
nuisances
547.02
penalty
905.99
permit
moving
905.10
planting
547.03
required
547.01, 905.04
preservation, removal
duty of Arborist
905.07
procedure
905.08
privately owned
Arborist’s right of entry
905.12
trimming, treating
905.11
prohibited types
905.06
regulations for trimming,
etc.
905.05
Shade Tree Advisory Committee
creation; members
150.01
powers and duties
150.02
TRESPASS
aggravated
541.051
amusement place, public
541.14
land or premises
541.05
vehicle
545.06
voyeurism
533.06
TRI-CITY PARK
921.06
TRUCK (see COMMERCIAL AND
HEAVY VEHICLE)
TURFING
rewards for conviction
541.035
violation
541.03(a)(2)
UNSAFE STRUCTURES
appeal, right of
1323.05
declaration of
1323.01
emergency procedure
1323.07
examination
1323.02
2015 Replacement
GENERAL INDEX
UNSAFE STRUCTURES (Cont.)
notice to owner
contents
1323.03
failure to comply
1323.06
recovery of costs
1323.08
vacating; posting
1323.04
USE REGULATIONS (see also
specific district involved)
conditional use permit
granting
1149.11
revocation
1149.12
nonconforming use defined
1105.13
UTILITIES
cable television use of
facilities
733.04
flood damage prevention
1333.16(c)
Senior Citizen Housing
District
1139.21(c)
tampering or theft
545.25
U TURN
regulated
331.12
signs prohibiting, placement
authority
305.04(o)
VARIANCES
flood hazard reduction
1333.05
noise control
557.06
riparian setback
1339.15
signs
1145.10
tattoo operations
755.08
wetland setbacks
1339.15
zoning
application; standards
1153.08
granting
1153.06
lapse
1153.07
VEHICLE (see MOTOR VEHICLE)
VEHICLE EQUIPMENT
air cleaner
337.25
all purpose vehicle
377.02
brakes
337.18
bumper heights
337.29
chains
339.10
child restraint system
337.26
directional signals required
337.30
exceptions
337.01(c)
exhaust noise
331.36
horn, siren
337.19
lights (see VEHICLE LIGHTS)
loads (see VEHICLE LOADS)
motorcycle, off-highway
375.02
motorized bicycle
373.17
mud flaps
339.05
2015 Replacement
52
VEHICLE EQUIPMENT (Cont.)
muffler
motor vehicle, motorcycle 337.20
snowmobile, all purpose
vehicle
377.02
rear red reflector
337.05
rear-view mirror
337.21
red flag or light, on load
337.08
seat belts
337.27
slow-moving vehicle,
emblem
337.10
snowmobile
377.02
spikes, lugs
339.10
theft alarm signal
337.19
tires
peeling or squealing
331.36
studded
339.11
wheel protectors
339.05
windshields
regulations
337.22
sunscreening,
nontransparent
337.28
VEHICLE LIGHTS
auxiliary driving lights
337.11
back-up
337.12
commercial vehicle, safety
lighting
337.06
distance, height measurement
337.02
electric personal assistive
mobility device
371.12
fender or cowl
337.12
flashing
limitations
337.16
slow-moving vehicle
337.10(e)
headlights
focus and aim
337.17
required
337.03
use of beams
337.14
lighted, required
337.02
motorized bicycle
337.02, 373.17
number permitted
337.16
parked or stopped
337.09
slow-moving vehicle
less intensity
337.15
requirements
337.10
snowmobile and all purpose
vehicle
377.02
53
GENERAL INDEX
VEHICLE LIGHTS (Cont.)
spotlight
337.11
stop lights
337.24
tail light
337.04
two displayed
337.13
vehicles in combination,
obscured
337.07
VEHICLE LOADS
extension on left side
337.23
information on request
339.04
leaking or dropping
339.08
obstructing driver’s view
331.25
projecting, red flag or light
337.08
shifting or loose
339.09
truck loading zones
351.09
VEHICULAR HOMICIDE
537.02
VENDING MACHINE (see also COIN
MACHINE)
cigarettes, tobacco or alternate
nicotine products
537.16
VENDORS (see SOLICITORS)
VENTILATION
heaters and burners
521.02
VICTIM
intimidation of crime victim
525.17
VIDEO GAMES (see AMUSEMENT
DEVICES AND
GAMEROOMS)
VIOLENCE, INCITING
509.011
VOYEURISM
533.06
WARDS
boundaries
Ward 1
105.02
Ward 2
105.03
Ward 3
105.04
Ward 4
105.05
Ward 5
105.06
division into
105.01
reapportionment
Chtr. IV-1b
WASTE (see SOLID WASTE)
WATER
drainage (see DRAINAGE)
shut-off for delinquent bills 911.16(b)
sprinkling ban
521.07
use from fire hydrants
541.08
WATERCOURSE
alteration
1333.04(i)(3)
obstruction removal
521.04
solid waste corrupting
521.05
WATERCRAFT (see ALL PURPOSE
VEHICLE; BOAT
STORAGE)
WEAPONS
air guns
549.11
arrows, metal tipped
549.09
carrying concealed
549.02
defacing firearm identification
marks; possessing defaced
firearm
549.16
definitions
549.01
discharging
549.08
explosive, combustible,
flammable
549.10
firearms
confiscated
549.19
lost or stolen
549.18
minor, purchase by
549.07, 549.17
motor vehicle, handling in
549.04
replica firearms
defined
549.01(v)
prohibitions
549.14
school, on premises
549.15
spring-operated guns
549.11
stench bombs
549.10
stun guns (see STUN GUNS)
unlawful transactions
549.06
use while intoxicated
549.03
WEEDS AND GRASS
nuisance
547.04
removal
547.09
WESTSHORE REGIONAL
COMMUNITY EMERGENCY
RESPONSE TEAM
activation
1529.03
administration
1529.04
definitions
1529.01
funding
1529.05
penalty
1529.99
volunteer status
1529.02
WETLANDS (see also RIPARIAN AND
WETLAND SETBACKS)
development requirements
1149.055
WHEELCHAIR (see HANDICAPPED
PERSONS)
WIRELESS TELECOMMUNICATIONS
FACILITIES
1147.01 et seq.
WITNESS
intimidation of crime witness
525.17
WOOD BURNING UNITS
1309.07
WOUNDS AND BURNS
reporting
525.05
YARDS (see individual district
involved)
2015 Replacement
GENERAL INDEX
YIELD SIGNS (see TRAFFIC CONTROL
DEVICES)
YOUTH COMMISSION
establishment
149.01
powers and duties
149.02
reports
149.04
rules and regulations
149.03
ZONE MAP
boundary lines
1109.04
established
1109.03
lots in two districts
1109.05
ZONING AND BUILDING APPEALS
BOARD
appeal procedure
1153.02
flood damage prevention
appeals
1333.15
hearings; meetings
1153.03
newspaper dispensing
devices
907.06
organization; powers and duties;
voter approval of exceptions
and variances
Chtr. VII-1
purpose
1153.01
quorum and voting
1153.04
record of decisions
1153.05
Secretary
133.05
variances
application; standards
1153.08
granting
1153.06
lapse
1153.07
ZONING CODE
amendment procedure
action by Commission
1157.02
action by Council
1157.03
initiation
1157.01
appeals (see ZONING AND
BUILDING APPEALS
BOARD)
building and environmental
design criteria
1149.10
Building Commissioner
enforcement
133.01, 1149.07
building permit (see BUILDING
PERMIT)
business area concept plan
1149.09
certificate of occupancy
1149.06
compliance
1101.04, 1109.02,
1149.01
2015 Replacement
54
ZONING CODE (Cont.)
condominium (see CONDOMINIUM
DEVELOPMENTS,
CONVERSION)
definitions
Ch. 1105
districts (see ZONING DISTRICTS)
effective date
1101.07
enforcement
1149.01(b), 1149.07
nonconformance (see
NONCONFORMANCE)
ordinance
enactment
111.09
procedure
Chtr. IV-14
voter approval
Chtr. IV-16
penalty
1149.99
purposes
1101.01 et seq.
relation to other laws
1101.05
separability
1101.06
signs (see SIGNS)
stop work order
1149.07
title
1101.01
uses (see USE REGULATIONS)
ZONING DISTRICTS
boundaries
1109.04
business (see BUSINESS
DISTRICTS)
civic and recreational (see CIVIC AND
RECREATIONAL DISTRICTS)
established; designations
1109.01
lot in more than one
1109.05
parking (see AUTOMOBILE
PARKING DISTRICTS)
regulations established
1109.02
residential (see LOW-RISE PLANNED
DEVELOPMENT DISTRICTS;
RESIDENTIAL ONE AND
TWO-FAMILY DISTRICTS;
RESIDENTIAL MULTIFAMILY, GARDEN
AND HIGH-RISE
DISTRICTS)
senior citizens (see SENIOR CITIZEN
HOUSING DISTRICTS)
ZONE MAP
amendments
1157.04
establishment
1109.03
55
COMPARATIVE SECTION TABLE
EDITOR’S NOTE: Source material for the Codified
Ordinances of Fairview Park was either ordinances or resolutions
enacted by Council, or new matter ordained by the Adopting
Ordinance. Sections of the Codified Ordinances without any history
indicate that such sections contain new matter ordained by the
Adopting Ordinance. In the following table, the disposition of all
source material in the Fairview Park Codified Ordinances is
indicated.
1954 Code Section
2-29, 2-30
2-41
3-1
3-3
3-4
3-5
3-6
3-7
3-8
3-9
14-2
14-3
18-2
18-4
22-1
22-6
22-7
22-9
22-14
22-18
23-23
C.O. Section
127.01
127.02
171.01
171.03
171.04
171.05
171.06
171.07
171.08
171.09
717.01, 717.02
725.01 to 725.03
129.03
129.07
911.01
911.02
911.03
911.05
911.06
911.07
903.04
Ord. No.
Res.
2383
2039
57-44
58-46
58-86
58-118
59-1
Date
C.O. Section
4-18-55
10-1-56
10-7-57
5-19-58
8-4-58
12-1-58
1-5-59
59-8
59-50
59-109
59-111
59-114
60-9
60-42
1-5-59
6-1-59
12-7-59
12-7-59
12-7-59
2-15-60
6-6-60
921.01
133.01
921.03
909.01
1321.01 to 1321.09
709.01, 709.03
311.03 to 311.05,
313.08(b), 351.01,
351.03(p) to (w),
351.09, 351.12(b)
to 351.14, 339.02
(a) to (c), (d)
137.01
717.03
125.01
123.01
125.02
113.01
913.01, 913.05
to 913.10
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
Res.
60-62
60-67
60-70
61-19
61-30
61-81
62-38
62-46
62-52
62-73
63-43
63-44
63-52
63-64
64-18
64-24
64-36
64-40
64-44
64-53
64-56
Res.
65-7
Date
C.O. Section
8-18-60
9-6-60
9-6-60
5-1-61
5-15-61
12-4-61
5-21-62
6-18-62
921.02
351.03(p) to (w)
913.03
143.03
1323.01 to 1323.08
1313.03
107.01 to 107.06
721.01 to 721.07
(b), 721.08
9-4-62
911.10(b), 911.11
12-3-62 131.06
7-15-63 1319.01 to 1319.04
7-15-63 143.04
9-3-63
143.05
11-4-63 911.09
2-17-64 121.01, 121.02,
123.02, 133.02,
143.06(a)
3-2-64
1317.01 to 1317.11
6-1-64
713.01 to 713.07
6-15-64 131.05
7-6-64
911.04
10-5-64 129.02
11-16-64 131.02, 131.03
2-1-65
65-11
65-20
3-15-65
5-17-65
65-27
65-34
65-36
65-39
65-60
66-17
6-7-65
7-6-65
7-19-65
7-26-65
12-6-65
4-18-66
66-18
66-19
66-41
4-18-66
4-18-66
9-6-66
2015 Replacement
111.01 to 111.03,
111.04(b) to 111.25
351.15, 351.16
1309.05 (RDHC
1523.05, 1535.05)
127.03
131.06
125.03
131.07
133.03
1307.02, 1307.06,
1307.07(a) to (c),
1307.08, 1307.09
903.02, 903.03
909.02
133.04
Ord. No.
66-67
66-69
67-15
67-17
56
Date
C.O. Section
12-19-66 173.0101, 173.0301
to 173.0320,
173.0502, 173.0701
to 173.0703,
173.0705, 173.0901,
173.1102 to
173.1105, 173.1304,
173.1503 to
173.1507, 173.1701,
173.1703, 173.2101,
173.2301 to
173.2310, 173.2312,
173.2501 to
173.2503, 173.2701,
173.2702
12-19-66 1183.01 to 1183.04,
1183.99, 1187.01
to 1187.04,
1191.01 to 1191.05
(f), 1191.05(f)(2)
to (l)
3-6-67
1351.01 to 1351.22,
1353.01 to 1353.07,
1355.01 to 1355.09,
1355.99, 1357.01
to 1357.12,
1357.14 to 1357.16,
1357.18 to 1357.26,
1359.01 to 1359.04
5-15-67 1101.01 to 1101.07,
1105.01 to 1105.19,
1109.01 to 1109.05,
1113.01 to 1113.11,
1117.01, 1117.03
to 1117.05,
1117.08 to 1117.16,
1117.18 to 1117.20,
1121.01 to 1121.26,
1121.28 to 1121.34,
1125.01 to 1125.14,
1137.01, 1137.02,
1137.03(a)(5),
(a)(7) to (c), 1137.04
to 1137.06,
57
COMPARATIVE SECTION TABLE
Ord. No. Date
67-17 (Cont.)
67-22
67-54
67-60
67-61
67-70
67-89
68-28
68-31
68-56
68-73
68-77
68-78
68-82
68-94
68-97
68-104
69-7
69-8
69-13
69-15
69-30
69-33
69-39
69-40
69-76
69-77
70-3
70-4
70-7
70-8
C.O. Section
1137.07(c) to
1137.19, 1141.01
to 1141.03,
1149.01 to 1149.03,
1149.04(d),
1149.05(b) to
1149.07, 1149.99,
1153.01 to 1153.03
(a), 1153.03(c) to
1153.07, 1157.03
3-20-67 129.05
6-19-67 311.02
7-17-67 903.07
7-17-67 901.01(a), 901.02
8-21-67 1327.01 to 1327.03
11-20-67 125.04
7-15-68 1121.27
4-1-68
143.06(b)
7-15-68 109.01 to 109.04,
109.99
9-3-68
143.11
9-16-68 127.05
9-16-68 127.01
10-7-68 911.11
1-6-69
1157.01, 1157.02
1-20-69 903.08 to 903.11
12-16-68 1307.03
1-20-69 911.12
2-17-69 127.06
2-17-69 129.06
3-3-69
129.04(b), 131.04
(b)
4-7-69
1191.05(f)(1)
4-21-69 913.02(b)
6-2-69
1109.01, 1129.01
to 1129.21
6-2-69
1137.03(a)(6)
9-2-69
1319.05
9-2-69
129.01
1-5-70
145.01 to 145.03,
145.05, 145.06
1-19-70 351.18
5-18-70 139.01 to 139.03,
139.05 to 139.10
3-2-70
1149.04(a) to (c)
Ord. No.
70-11
Date
3-16-70
70-15
3-2-70
70-17
70-22
70-23
70-28
70-29
4-6-70
5-18-70
5-18-70
6-15-70
6-15-70
70-37
70-52
70-53
70-57
6-15-70
12-8-70
12-7-70
11-16-70
70-58
11-16-70
70-64
71-11
71-14
71-54
12-21-70
3-1-71
3-8-71
12-6-71
71-58
72-10
72-14
12-20-71
4-17-72
6-19-72
72-17
72-18
72-19
72-20
72-34A
6-5-72
6-5-72
6-5-72
5-1-72
6-19-72
C.O. Section
1341.01 to 1341.26,
1343.01 to 1343.09,
1343.99, 1345.01
to 1345.03,
1347.01 to 1347.05
729.01 to 729.07,
729.11
143.02
139.04
139.11
129.08
703.01 to 703.11,
703.99
135.01 to 135.03
1141.04
1153.03(b)
1113.12, 1121.35,
1137.20
1307.04, 1307.07
(d)
925.01 to 925.04
723.02, 723.99
143.10
173.0501, 173.1101,
173.1301, 173.1302,
173.1305, 173.1307,
173.1501, 173.1502,
173.1902(b),
173.2311
125.05
173.0704
1145.01 to 1145.02
(c)(2)D., (c)(3) to
(d)(2)D., (d)(3) to
(d)(6), 1145.03,
1145.04, 1145.06,
1145.07, 1145.08(b),
(c), (e) to 1145.11,
1145.13, 1145.14,
1145.99
1307.05
1149.05(a)
1137.07(a), (b)
111.04
351.19
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
72-36
72-37
72-62
72-63
72-66
72-67
72-68
72-71
72-74
73-5
73-8
73-39
73-44
73-45
73-50
73-52
73-55
73-56
73-68
73-72
73-74
73-80
73-81
73-83
73-88
74-10
74-11
74-14
74-20
74-21
74-22
74-29
Date
6-19-72
6-19-72
10-16-72
10-16-72
11-6-72
11-6-72
12-19-72
12-19-72
2-19-73
2-19-73
C.O. Section
129.10
709.02(a)
911.10(a)
1317.12
911.13
125.07
137.02
145.04
105.01 to 105.06
1145.02(c)(2)E.,
(d)(2)E., 1145.05,
1145.08(a), (d),
1145.12
3-5-73
351.07(b)
5-7-73
929.01, 929.03,
929.99
6-18-73 131.08
6-18-73 129.09
6-18-73 1307.20
6-18-73 1303.06
9-4-73
373.02 to 373.05,
373.07, 373.08
(a) to (c), (e) to
(i), 373.09,
373.10, 373.12
to 373.15
11-6-73 1307.01
7-16-73 375.01 to 375.08
10-1-73 307.01 to 307.09,
307.11
10-1-73 373.08(d)
12-17-73 1307.18
11-19-73 173.1303,
173.1306
1-7-74
143.12
12-17-73 929.02
4-15-74 1109.01, 1133.01
to 1133.10
4-15-74 1149.08 to 1149.12
3-18-74 1317.13
4-1-74
129.04(a)
4-1-74
131.04(a)
4-1-74
143.08
4-15-74 125.08
2015 Replacement
Ord. No.
74-36
Date
5-6-74
74-47
74-51
74-63
75-3
75-32
75-33
75-36
75-37
75-39
75-45
12-15-75
7-15-74
12-2-74
2-3-75
6-2-75
6-2-75
6-16-75
6-16-75
7-7-75
10-20-75
75-67
76-3
76-23
76-29
76-41
76-42
76-44
12-8-75
5-3-76
6-7-76
5-3-76
10-18-76
10-18-76
11-1-76
76-47
76-48
76-49
76-50
76-51
76-52
76-55
76-57
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
10-4-76
58
C.O. Section
501.13, 505.02
to 505.05,
505.07 to 505.10,
505.12, 505.13,
509.08, 509.10
to 509.16,
521.07, 539.01
to 539.06,
541.08, 541.09
(b) to 541.11,
543.01 to 543.07,
545.19, 545.20,
547.01 to 547.07,
549.12 to 549.14,
553.01 to 553.13
1117.06
125.09
127.04
143.13
127.07
1307.19
913.02(b), 913.11
913.02(a), 913.11
1117.17
1325.01 to 1325.04
(b), 1325.04(d) to
1325.06, 1325.99
131.01
143.01
173.1902(a)
143.07
1117.02, 1117.21
1117.07
923.01 to 923.08,
923.99
1307.10 to 1307.12
1307.13
1307.14
1307.15
1307.16
1307.17
1501.01, 1501.02
547.08
59
Ord. No.
76-58
76-60
COMPARATIVE SECTION TABLE
Date
10-4-76
12-6-76
C.O. Section
541.09(a)
705.01 to 705.07,
705.99
76-61
12-6-76 707.01 to 707.05,
707.99
76-69
12-20-76 125.06
77-4
3-7-77
351.17
77-34
10-17-77 1325.04(c)
Adopting Ordinance 101.01 to 101.08,
101.99, 141.01,
143.09, 171.02,
171.99, 173.1702,
301.01 to 301.52,
303.01 to 303.07,
303.99, 305.01
to 305.09,
307.10, 311.01,
313.01 to 313.08(a),
331.01 to 331.38,
333.01 to 333.07,
335.01 to 335.14,
337.01 to 337.25,
339.01, 339.02(d),
339.03 to 339.11,
341.01 to 341.03,
351.02, 351.03
(a) to (o), 351.04
to 351.07(a),
351.08, 351.10
to 351.12(a),
371.01 to 371.10,
373.01, 373.06,
373.11, 373.16,
377.01 to 377.07,
501.01 to 501.12,
501.99, 505.01,
505.06, 505.11,
505.14, 509.01
to 509.07, 509.09,
513.01 to 513.11,
517.01 to 517.09,
521.01 to 521.06,
525.01 to 525.14,
529.01 to 529.08,
533.01 to 533.13,
537.01 to 537.13,
Ord. No. Date
C.O. Section
Adopting Ordinance (Cont.)
541.01 to 541.07,
545.01 to 545.18,
549.01 to 549.11,
709.02(b), 709.99,
713.99, 717.99,
721.07(c), 721.99,
723.01, 725.99,
729.08 to 729.10,
729.99, 901.01(b),
901.03, 901.04,
901.99, 903.01,
903.05, 903.06,
903.99, 905.01
to 905.13, 905.99,
909.03, 911.08,
913.04, 913.99,
921.04, 921.05,
1303.01 to 1303.05,
1303.99,
1309.01 to 1309.04,
1309.05 (RDHC
1557.015,
1597.01, Ch. 87),
1309.06, 1311.01
to 1311.06,
1313.01, 1313.02,
1315.01, 1315.02,
1321.10, 1357.13,
1357.17
78-4
3-6-78
1187.03, 1187.04
78-9
4-3-78
301.04, 301.19,
301.20, 301.51,
337.02, 337.18,
373.01, 373.17
78-21
5-15-78 143.01(b), (c)
78-22
7-17-78 1137.16
78-27
6-19-78 331.39, 373.06(g)
78-33
10-2-78 143.12
78-34
9-18-78 351.19(a)
78-36
11-20-78 911.14
78-38
12-4-78 731.01 to 731.09,
731.99
78-41
12-18-78 343.01 to 343.04,
343.99
78-43
2-20-79 173.0501
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
78-44
79-4
79-18
79-22
79-32
79-35
79-36
79-38
79-42
79-44
79-61
79-66
79-72
79-76
80-5
80-20
80-21
80-22
80-23
80-32
80-34
80-35
80-43
80-44
80-45
80-46
80-47
80-48
80-51
80-56
80-62
80-63
80-73
80-74
80-75
80-77
80-78
80-83
Date
1-15-79
3-5-79
3-19-79
4-2-79
6-4-79
7-9-79
6-18-79
C.O. Section
521.08, 521.09
1329.01, 1329.02
131.03
143.01(j)
921.06
521.10
1313.01 to 1313.08,
1313.99
7-9-79
1117.17
7-2-79
1501.01 to 1501.13,
1501.99
7-9-79
509.16, 541.09(c),
543.99(b), 713.99
(b), 723.99,
921.05(b)
11-5-79 1329.02
11-5-79 331.11
12-17-79 733.01 to 733.36
12-17-79 1501.13 (F-415.1)
2-4-80
Repeals 123.02
5-5-80
133.05
5-5-80
139.06
5-5-80
110.01 to 110.09
4-7-80
125.04
6-16-80 147.01 to 147.04
5-5-80
129.04(a)
5-5-80
131.04(a)
6-30-80 1317.14
6-16-80 125.11
6-16-80 129.11
6-16-80 129.12
6-16-80 125.13
6-16-80 734.01 to 734.08
6-16-80 303.99(a)(1) and
(2)
6-16-80 125.10
11-3-80 1155.01 to 1155.07
9-15-80 333.02(c), 303.99
(a)(12)
5-4-81
1117.21
11-17-80 1149.99
3-2-81
1133.11
12-1-80 1153.05
12-1-80 137.02
12-1-80 537.10
2015 Replacement
Ord. No.
80-84
80-85
80-86
80-89
80-92
80-95
80-96
80-97
80-98
80-101
80-103
80-104
80-105
80-106
80-107
80-108
80-109
80-110
80-111
80-112
80-113
80-114
80-115
80-116
80-117
80-118
81-6
81-9
81-10
81-11
81-18
81-19
81-21
81-23
81-34
81-35
81-36
81-39
81-40
81-41
81-46
81-47
Date
1-19-81
60
C.O. Section
1361.01 to 1361.15,
1361.99
12-1-80 549.15
12-1-80 549.01(l), (m)
5-18-81 1117.17
1-5-81
143.14
1-5-81
1331.01 to 1331.08,
1331.99
1-5-81
1309.07
1-5-81
110.06(e)
1-5-81
110.07
1-5-81
121.03
6-1-81
1145.01 to 1145.25,
1145.99
6-1-81
1105.15
6-1-81
1121.22
6-1-81
1121.23
6-1-81
1121.24
6-1-81
1125.04
6-1-81
1125.05
6-1-81
1125.06
6-1-81
1125.07
6-1-81
Repeals 1125.08
6-1-81
1129.10
6-1-81
1129.11
6-1-81
1129.12
6-1-81
1129.13
6-1-81
Repeals 1129.14
6-1-81
1133.07
1-19-81 1315.01
3-2-81
110.01
3-16-81 139.11
3-2-81
1153.03
5-4-81
1109.01
5-4-81
1139.01 to 1139.22
4-6-81
137.03
11-16-81 111.04(a)
5-4-81
1317.03
5-18-81 509.10(d)
5-18-81 125.12
5-18-81 1361.09
5-18-81 1361.10
5-18-81 541.05(a)
6-1-81
1307.13(d)
6-15-81 509.03(e)
61
Ord. No.
81-58
81-63
81-65
81-75
81-76
81-77
81-78
81-79
81-80
81-88
81-95
81-100
81-101
81-116
81-117
81-118
81-119
81-120
81-124
82-6
82-7
82-9
82-15
82-16
82-17
82-21
82-22
82-26
82-36
82-37
82-42
82-43
82-44
82-45
82-46
82-47
82-50
82-60
82-41
COMPARATIVE SECTION TABLE
Date
6-15-81
6-15-81
6-29-81
C.O. Section
147.05
173.1902(c)
731.01 to 731.08,
731.10 to 731.16,
731.99
9-8-81
1121.10
6-29-81 543.99
9-21-81 545.21
9-21-81 1105.09
6-29-81 171.02(e)
6-29-81 171.01
9-21-81 125.14
10-19-81 555.01 to 555.06,
555.99
11-16-81 129.08(e)
12-7-81 509.16
1-4-82
141.02 to 141.04
1-4-82
1149.13
1-4-82
129.07(a) to (f),
(h)
1-4-82
545.22(a) to (d)
1-4-82
331.34
2-1-82
145.01 to 145.06
2-1-82
913.02
2-1-82
913.11(a)
3-1-82
921.06(a), (b)(3)
5-3-82
129.07(g)
5-3-82
545.22(e), (f)
6-28-82 557.01 to 557.14,
557.99
6-7-82
1105.17(d)
6-21-82 307.01(b)
4-19-82 103.01
6-21-82 143.10(a)
6-28-82 143.07
6-28-82 135.01
6-28-82 135.02
7-8-82
135.03
7-8-82
913.02(b)
7-8-82
913.11(b)
7-8-82
129.01
7-8-82
1313.01
9-7-82
513.12
12-6-82 737.01 to 737.06,
737.99
Ord. No.
82-52
82-61
82-66
82-71
82-72
82-78
83-1
83-4
83-5
83-10
83-11
83-12
83-13
83-14
83-15
83-16
83-17
83-20
Date
5-16-83
2-11-83
12-6-82
1-3-83
1-3-83
12-6-82
3-21-83
3-21-83
12-19-83
2-21-83
2-21-83
2-21-83
2-21-83
2-21-83
2-21-83
2-21-83
2-21-83
3-21-83
83-22
83-23
83-31
83-33
83-72
4-18-83
6-20-83
6-20-83
7-12-83
2-6-84
84-3
84-4
84-5
84-6
84-7
84-18
84-22
84-31
84-43
84-50
84-55
84-57
4-16-84
4-16-84
6-4-84
6-4-84
6-4-84
3-28-84
6-18-84
6-4-84
9-4-84
11-5-84
11-5-84
9-24-84
84-60
84-61
84-62
84-63
2-4-85
1-7-85
1-7-85
12-3-84
C.O. Section
143.01(k)
125.15
1145.13(g)
541.11(b)
541.10(c)
131.03
901.03
731.06(a), (b)
131.01(c)
517.05(b)
541.02(c)
545.05
545.10(d)
545.09(c)
545.15(b)
545.18(b)
505.15
333.01, 333.02,
335.07
529.02(h), (i)
303.99(a)(4)
121.04
923.09
521.05(c), (d),
1325.04(c)
1121.10(a), 1121.21
1141.02(c)
1117.17(g)
1105.05(i)
1307.13(p)
121.05
1153.01(c)
1315.01, 1315.02
1327.01
373.17
123.03
911.00 to 911.05
(a), (c) to 911.22,
911.99; Repeals
913.01 to 913.11
1149.05
1149.14
1149.15
1153.03
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
84-65
84-88
84-100
84-102
84-103
84-111
85-5
Date
11-19-84
12-17-84
1-7-85
1-7-85
1-7-85
2-18-85
1-22-85
82-91
84-8
84-36
84-40
84-41
84-42
84-69
84-70
2-7-83
3-18-85
12-31-85
11-18-85
11-18-85
12-16-85
5-6-85
4-15-85
84-71
84-72
84-73
84-74
84-75
84-76
84-77
84-86
84-87
84-91
84-92
84-93
4-15-85
4-15-85
4-15-85
4-15-85
4-15-85
4-15-85
4-15-85
3-18-85
3-18-85
6-17-85
12-31-85
6-17-85
84-94
6-17-85
84-95
6-17-85
84-96
84-97
84-98
6-17-85
6-17-85
6-17-85
84-99
12-16-85
2015 Replacement
C.O. Section
547.09
351.19
110.03
111.05
111.17
1325.01, 1325.03
911.01(a)(27)
to (29)
125.16
129.01(a)
125.10
1139.09
1139.14
1139.15
149.01 to 149.04
173.0321,
173.0322
173.0501
173.1101
173.1301
173.1302
173.1502
173.1505
173.2305
923.05(a)
923.06
1187.05
111.26
1113.05, 1113.06,
1113.08 to 1113.11,
1113.13, 1113.14
1121.25, 1121.26,
1121.28, 1121.30,
1121.31, 1121.33,
1121.36, 1121.37
1125.09 to 1125.12,
1125.14, 1125.15
1129.15 to 1129.23
1133.02, 1133.05
1137.10 to 1137.19,
1137.21, 1137.22
1139.19, 1139.24,
1139.25
Ord. No.
84-112
85-18
Date
7-15-85
5-6-85
85-29
85-30
85-35
5-6-85
5-6-85
7-1-85
85-36
7-1-85
85-37
9-3-85
85-38
85-42
85-43
85-44
85-45
85-49
12-2-85
6-17-85
6-17-85
6-17-85
6-17-85
6-3-85
85-52
85-58
6-3-85
12-2-85
85-63
85-65
10-21-85
9-3-85
85-73
85-82
85-83
11-18-85
2-3-86
12-16-85
85-85
86-20
86-18
86-21
86-22
12-20-85
4-21-86
6-2-86
5-4-87
4-4-88
62
C.O. Section
1117.21, 1117.22
1145.02 to 1145.04,
1145.06, 1145.07,
1145.13, 1145.15,
1145.18
549.01(n)
549.16, 549.17
735.01 to 735.08,
735.99
907.01 to 907.08,
907.99
1113.04, 1121.19,
1129.09, 1137.09
1317.15
371.05
911.15(b)
331.38(a)
525.15
1347.02(a)(5),
(b)(7)
1501.13
1113.03(c), 1129.07
(e), 1133.04(e),
1137.07(f)
513.14
1113.15, 1121.38,
1137.23, 1139.23
543.08
1139.22
713.01 to 713.11,
713.99
111.04
921.06
541.07(b)
113.02, 113.03
1105.06(e), 1105.17
(e), 1121.02 to
1121.04, 1137.02
to 1137.04,
1137.07(d),
1139.01, 1145.15
(d)(7), 1149.16,
1149.17
63
Ord. No.
86-23
86-29
86-39
86-40
86-45
86-52
86-58
86-60
86-69
86-71
86-72
87-5
87-8
87-15
87-16
87-22
87-23
87-27
87-37
87-38
87-43
87-45
87-46
87-47
COMPARATIVE SECTION TABLE
Date
9-2-86
C.O. Section
1155.02(b)(3),
1155.05(d)
11-17-86 143.15
7-14-86 143.16
7-14-86 1117.17(a) to (f),
1321.06
10-6-86 739.01 to 739.24,
739.99
9-15-86 501.99(c)
11-3-86 129.13
10-6-86 143.10
12-7-87 549.01(o) to (u),
549.07(a)(1)
2-16-87 903.03
4-20-87 1307.01 to 1307.09;
Repeals 1307.10
to 1307.20
2-16-87 915.01 to 915.11
2-2-87
1315.01, 1315.02
9-21-87 561.01 to 561.09,
561.99
5-18-87 923.05(d), (e)
2-15-88 705.03, 707.02,
709.01, 709.02(b),
717.02, 729.09,
901.02, 903.07,
909.01, 909.02
12-7-87 713.05
9-8-87
1117.07(b)(9)
12-7-87 735.03 to 735.06,
907.01 to 907.04,
907.06, 907.09
2-1-88
1145.11, 1145.14
(d), (g), 1145.15
(c)(2), (3), (6),
(d)(2), 1145.20
12-7-87 111.04(a)
2-1-88
125.17
4-4-88
133.01, 133.02,
133.04 to 133.08,
1345.01(a),
1345.02(c)
4-4-88
1149.05(g), (j),
1153.02
Ord. No.
87-54
87-55
87-59
87-61
88-8
88-12
88-13
88-14
88-18
88-28
88-30
88-31
88-50
88-53
88-59
88-69
89-2
89-5
89-7
89-8
89-9
89-10
89-14
89-15
89-17
89-20
89-21
89-25
89-26
89-36
89-37
Date
12-21-87
3-7-88
4-4-88
4-4-88
5-2-88
6-20-88
5-16-88
5-2-88
6-20-88
C.O. Section
1347.01(a)(7)
1117.21(h)
1137.01(a)
129.10
505.17
1325.05
307.01(d), 541.03
175.01 to 175.05
139.12, 1149.05
(m)
7-18-88 541.035
7-18-88 741.01 to 741.04,
741.99
7-18-88 903.08(c), 903.09
4-3-89
1113.03(b), 1117.17
(e)(9), 1121.18,
1125.03(c), 1129.07
(d), 1137.07(e),
1139.17
11-7-88 143.17
4-17-89 707.03, 707.04
12-19-88 143.12
2-6-89
903.10
6-19-89 113.04, 521.05,
931.01, 931.02
12-18-89 111.01 to 111.03
3-6-89
113.01
4-17-89 Repeals 145.01 to
145.06
6-17-91 143.01 to 143.35;
Repeals 129.04,
131.04, 131.05
12-4-89 501.99(c), 513.03
(c)(1)
3-6-89
513.15
11-6-89 1351.11 to 1351.14,
1357.02, 1357.03
3-6-89
549.01(v), 549.18
5-2-89
173.0101, 173.0501,
173.2101(b), (c)
5-1-89
173.1902
5-1-89
Repeals 505.04
10-16-89 513.01(b)
12-4-89 123.04
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
89-40
89-43
Date
5-15-89
12-4-89
89-44
12-4-89
89-48
89-49
89-54
1-16-90
11-6-89
6-5-89
89-59
3-5-90
89-83
12-18-89
89-84
89-85
12-4-89
4-2-90
89-86
89-92
89-93
89-98
89-99
4-2-90
2-5-90
10-16-89
10-1-90
11-6-89
89-101
2-5-90
89-102
89-111
89-113
90-3
2-5-90
12-18-89
12-18-89
2-4-91
90-4
7-2-90
2015 Replacement
C.O. Section
509.17
1105.05(i), 1113.03
(c), 1113.04(b),
1117.17(g), 1121.18
(c), 1121.19(d),
1129.07(e), 1129.09
(b), 1133.03(c),
1133.04(e), 1137.07
(f), 1137.09(b),
1139.14(d),
1139.17(c)
1105.06(i), (j),
1105.07
513.13(a) to (d), (f)
513.02(a)
1333.01 to 1333.18,
1333.99; Repeals
127.07, 1307.03(g)
110.01, 110.02(c),
(e), (i), 110.03,
110.04, 110.05(a),
110.06(a)
525.16; Repeals
303.01
153.01, 153.02
135.01, 135.02;
Repeals 135.03
136.01, 136.03
371.01(a)
313.03(e)
151.01 to 151.10
1105.10(a), 1117.02
(b)(4), (5), 1121.04
(a), (b), 1149.18
301.32, 301.46,
303.06, 313.01,
313.02
333.04(a)
1303.99
1315.01
743.01 to 743.06,
743.99, 931.02
(b)(8)
1145.19
Ord. No.
90-5
Date
4-2-90
90-10
90-19
6-4-90
5-7-90
90-26
90-27
7-2-90
7-2-90
90-37
90-42
90-61
6-4-90
6-18-90
7-2-90
90-62
7-2-90
90-65
90-67
90-82
90-83
90-88
90-89
90-91
90-98
90-99
9-17-90
10-15-90
12-3-90
10-15-90
10-15-90
10-15-90
10-1-90
1-7-91
1-7-91
90-101
90-103
12-17-90
12-17-90
90-105
90-108
90-109
90-110
90-112
90-113
12-3-90
2-4-91
12-3-90
1-7-91
1-7-91
12-17-90
64
C.O. Section
1321.01, 1321.02,
1321.04, 1321.06,
1321.08
745.01 to 745.06
513.01(dd) to (ff),
513.02(b)
1117.21(i)
1145.04(c),
1145.15(d)(1)
537.02
111.02(d)
303.99(a)(4),
333.01, 529.021
(h), 529.07
303.99(a)(14),
313.08, 313.10
1307.03(f)
335.07
549.01(a) to (k)
513.16
331.41, 333.10
313.07
113.03(d), (e)
521.11
501.99(d), 513.01
(s), (v), (x), (gg)
to (kk), 513.04(c),
513.05, 513.06(b),
513.07(b), 513.08
(c), 513.11,
513.12, 513.13(e),
513.17, 545.05(b);
Repeals 513.03
(c)(3)
509.03, 525.01
301.51, 301.52,
371.11
113.05
135.01(l), (m)
136.02
111.03 Rule 14 J.
111.03 Rule 50 B.
123.05
65
Ord. No.
90-120
90-121
90-123
91-1
91-5
91-8
91-12
91-13
91-14
91-16
91-18
91-37
91-38
91-39
91-40
91-41
91-48
91-49
91-51
91-61
91-67
91-68
91-69
91-70
91-71
91-79
91-80
91-82
91-85
91-86
COMPARATIVE SECTION TABLE
Date
2-4-91
2-4-91
1-22-91
2-4-91
C.O. Section
923.05
923.07(c)
129.14(b), (c)
303.99(a)(15),
373.02, 373.07,
373.17, 373.18
4-1-91
529.021(b)
5-6-91
123.01
4-15-91 111.04
5-6-91
109.01 to 109.08,
109.99
4-15-91 110.02(a), 110.07,
110.08
3-4-91
1307.05, 1307.07,
1307.08
4-1-91
1501.01 to 1501.03,
1501.99
6-17-91 1347.01(a)(8)
8-19-91 1141.01 to 1141.03,
1141.05
8-19-91 1121.10, 1121.12,
1121.19(a), 1121.21
8-19-91 1109.01, 1129.06,
1129.07(a), (b),
1129.09(a)
5-20-91 111.03 Rule 52
4-15-91 521.12
10-7-91 1149.19
5-20-91 529.02(h)
7-1-91
303.08, 303.99
(a)(16)
12-2-91 1149.055
8-19-91 723.03
10-7-91 1137.03(a)(14),
(15), 1137.05
7-1-91
331.42
7-1-91
513.01(ll) to (oo),
513.02(c)
10-7-91 1187.02
8-19-91 135.01(i), 136.04
6-17-91 136.02(m)
10-21-91 537.19
10-21-91 537.07
Ord. No.
91-87
Date
10-7-91
91-88
91-89
10-7-91
10-7-91
91-90
10-7-91
91-92
12-16-91
91-94
10-7-91
91-97
91-99
91-101
91-102
91-103
91-105
91-106
91-114
91-115
91-118
91-124
91-133
8-19-91
11-4-91
12-2-91
10-21-91
9-3-91
11-4-91
12-16-91
12-16-91
12-16-91
12-16-91
12-16-91
12-16-91
91-20
91-121
4-15-91
5-4-92
92-8
92-13
92-14
4-6-92
6-15-92
6-15-92
92-16
5-18-92
92-47
92-48
10-5-92
7-6-92
92-49
92-55
92-67
6-15-92
9-8-92
10-19-92
92-69
10-19-92
C.O. Section
113.04(a)(2), (3),
(b), 113.045
921.07
749.01 to 749.05,
749.99
742.01, 742.02,
742.99
1153.02(g),
1157.04
513.01(s), (v),
513.03(b), 513.18
129.14(a)
1149.20
129.01, 129.11
733.01 to 733.30
Repeals 139.11
Repeals 539.02
105.01 to 105.06
303.99(a)(10)
545.24
537.16
742.03, 742.99
111.03 (Rules 14,
60, 72)
150.01, 150.02
903.03 to 903.06,
903.08, 903.09
(a), 903.10
307.09(e)
1137.03(a)(11)
1117.02, 1117.12,
1117.15, 1117.17
(e)(4)
915.01 to 915.12,
App. A
911.15(a)
1137.01, 1137.015,
1137.02(d)
537.20
521.05(c)
513.01(pp), (qq),
513.02(c), 513.05
737.14
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
92-70
92-75
92-76
92-83
92-87
93-2
93-4
93-5
93-6
93-7
93-22
93-23
93-24
93-33
93-35
93-42
93-66
93-75
93-76
93-81
93-84
93-86
93-87
93-92
94-2
94-15
94-22
94-31
94-32
Date
C.O. Section
10-19-92 1145.99, 1149.99,
1183.99, 1303.99
11-16-92 351.04(e)
11-2-92 905.06
2-1-93
923.01 to 923.09,
923.99
12-21-92 Repeals 147.05
4-5-93
1113.02, 1113.05
(b), (c), 1113.06,
1113.07, 1113.13
(b)
4-5-93
1149.02, 1149.07
3-1-93
1307.05, 1307.08
6-7-93
1145.03(b)(20),
(c)(1), (d),
1145.05(i),
1145.07(e), (h)
5-3-93
1113.04(a), 1117.18,
1121.19(b),
1129.09(a),
1133.03(a), (b),
1137.09(a),
1139.14(a)
6-7-93
1303.07, 1309.01
to 1309.04
5-4-93
1313.01, 1315.01
6-7-93
Repeals 1141.04
6-7-93
521.05(d)
6-7-93
111.02(d)
8-16-93 1117.09
9-7-93
742.01 to 742.06,
742.99
12-6-93 1121.10(a)
10-18-93 705.01 to 705.03,
705.99
9-7-93
Repeals Ch. 742
10-18-93 351.19(a) to (c)
2-7-94
1105.13
2-7-94
1141.06
12-20-93 351.19(d)
1-3-94
1307.02(c)(4)
4-18-94 734.01 to 734.08
6-6-94
1145.15(d)(7)
5-2-94
129.09(k)
6-6-94
1117.21
2015 Replacement
Ord. No.
94-61
Date
9-6-94
94-64
94-76
94-77
94-84
94-86
94-88
7-5-94
3-20-95
11-7-94
10-3-94
10-3-94
12-5-94
94-95
94-96
94-106
94-111
11-7-94
3-6-95
12-19-94
12-19-94
95-1
95-2
95-9
95-10
2-21-95
2-21-95
3-20-95
3-20-95
95-11
3-20-95
95-12
95-41
95-48
95-50
95-67
4-3-95
7-3-95
6-19-95
8-21-95
10-16-95
95-68
10-16-95
95-69
10-10-95
66
C.O. Section
1121.01, 1121.03;
Repeals 1121.04(c)
137.01 to 137.03
1117.17
333.99(b)(1)
333.11
333.01(b), (f)
1153.03(a),
1153.06, 1153.08
1307.08(m)
1109.03
125.18
111.03 (III) Rule
14 I.
905.03
905.06(a)
1501.01, 1501.03
Repeals 1511.01 to
1511.05, 1511.99
Repeals 1519.01 to
1519.05, 1519.99
141.05
1145.18
911.05(b)
123.03(b), (d)
1113.02(b) to
1113.04, 1113.05
(b), 1113.09(c),
1113.12, 1113.13
(b)
1121.03(b), 1121.14
(f), 1121.18(a),
(b), 1121.19(b),
(d), 1121.22,
1121.27, 1121.29,
1121.30(c), 1121.34,
1121.35(c)
1129.02(b), 1129.03,
1129.05, 1129.06
(d), (e), 1129.08,
1129.18(c), 1129.21
(b), 1129.23
67
Ord. No.
95-70
95-71
95-72
95-73
95-74
95-75
95-76
95-77
95-78
COMPARATIVE SECTION TABLE
Date
C.O. Section
10-16-95 1133.01(b)(6), (7),
1133.02(b), (d),
1133.03(b), (c),
1133.04, 1133.05
(b), 1133.06,
1133.07, 1133.09,
1133.10(c)
10-16-95 1137.03(a)(1)C.,
F., G., (12), (b)(2),
(c), (d), 1137.04
(a)(2), (4), (c),
1137.06, 1137.07
(b), (d)(1), (e),
(f), 1137.09(b),
1137.13, 1137.16
(c), 1137.20,
1137.21(b)
10-16-95 1139.03(b), 1139.11
(b), 1139.14(c),
(d), 1139.17(b),
(c), 1139.19(f)(3),
1139.20, 1139.21
(e)
10-16-95 1145.02(b), (c),
1145.03(b)(6),
1145.05(b), (d)(1),
(e), 1145.06(a),
(c), (e), (f),
1145.07(b), (c),
(d), 1145.08(a),
(b), 1145.09(b)(4),
(6), 1145.12(a),
(b), 1145.13(a), (c),
(d)(1), (f), 1145.14,
1145.15(c)(3) to
(6), (9), (11),
(d)(2) to (4),
(5)B., (6)
10-16-95 1149.04(c), 1149.05,
1149.055, 1149.08,
1149.10 (1st par.)
10-16-95 1155.02(b)(10),
1155.03(a), 1155.04
(a), (c), (d)(2),
1155.07
10-16-95 1157.01, 1157.02
10-16-95 1183.03(b), (d)
10-16-95 1187.04
Ord. No.
95-79
95-83
95-94
95-102
95-103
95-107
95-108
95-120
96-2
96-24
96-25
96-47
96-48
96-49
96-56
96-81
96-83
96-90
96-89
96-98
97-1
97-2
97-3
97-46
97-60
97-66
Date
C.O. Section
10-16-95 1191.02(b)(15),
1191.03(a), (d),
1191.05(a), (b),
(d)(2), (3), (9),
(f)(1)
9-18-95 147.03(e)
1-16-96 1195.01, 1195.02
10-16-95 911.14
9-28-95 911.15(b)
9-18-95 911.15(a)
11-20-95 923.09
2-20-96 143.22(c)
2-5-96
307.09(a)(5)
3-18-96 173.0318
5-6-96
1137.03(b),
1137.07(d);
Repeals 725.01
to 725.07,
725.99
5-20-96 307.09(b)
6-26-96 1305.01 to 1305.09,
1305.99
12-16-96 1191.03 to 1191.06
6-26-96 731.09
11-4-96 143.18(a)
3-3-97
1105.09(a),
1117.02(b)(1),
1117.18(a)
1-6-97
905.06(a)
1-21-97 129.091
2-3-97
513.01(dd)
4-21-97 1351.14
4-21-97 705.02
5-5-97
1147.01 to
1147.08
5-19-97 741.02
1-20-98 1125.02, 1146.01
9-2-97
301.27, 331.15,
333.03, 333.12,
333.99, 335.11,
337.10, 337.16,
337.22, 337.27,
501.01, 513.01,
513.07, 513.10,
513.11, 525.01,
525.02, 525.05,
533.01, 537.01
to 537.06, 537.12,
545.01, 549.07,
549.15
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
97-77
98-4
98-31
98-34A
Date
12-15-97
2-17-98
6-15-98
11-16-98
98-38
7-6-98
98-41
98-44
98-47A
98-48
98-53
98-60
98-76
99-01
99-05
10-5-98
10-5-98
11-16-98
10-5-98
10-5-98
10-19-98
12-7-98
4-5-99
2-1-99
99-17A
99-18A
99-28A
99-32
99-33
99-35
99-46
99-53
99-54
99-76
99-97
99-102
99-114
3-1-99
3-15-99
3-15-99
4-19-99
4-19-99
4-19-99
5-17-99
7-19-99
7-19-99
11-1-99
11-15-99
11-15-99
4-16-01
2015 Replacement
C.O. Section
173.0501
505.18
1307.01 to 1307.09
1109.01 Repeals
Ch. 1125
1121.30(d),
1125.11, 1129.05,
1129.06, 1129.18
(d), 1137.03(a),
(6), 1137.16,
1139.09(f)(4)
1137.07
1147.03(a)(10)
1145.03(b)(16)
706.01 to 706.14
547.09(a), (c)
123.01(b)
706.02
1149.05(a)
303.041, 331.21,
331.99, 335.03,
335.09, 335.99,
337.10, 337.16,
339.07, 341.02,
373.19, 509.06,
509.07, 517.02,
525.01, 525.08,
525.09, 529.07,
533.01, 533.06,
537.03, 537.10,
537.14, 537.15,
545.07
307.12
125.19
125.20
713.05(a)
713.07(a)
745.02, 745.03
143.36
125.20
125.12
121.08
123.01(d)
129.14
1147.03(a)(4),
1147.05(a),
1147.07(b), (c)
Ord. No.
00-07
Date
3-6-00
00-38
00-44
00-65
00-83
00-84
01-09
01-10
9-18-00
6-26-00
9-18-00
12-18-00
1-2-01
4-2-01
3-5-01
01-21
01-22
01-34
01-36
01-58
5-7-01
5-7-01
6-25-01
7-16-01
12-17-01
01-61
01-72
12-17-01
12-17-01
68
C.O. Section
331.35, 331.38,
333.031, 335.07,
335.99, 351.04,
351.99, 377.01 to
377.08, 501.01,
501.05, 509.03,
513.01, 513.03,
513.04, 513.09,
513.10, 513.12,
525.01, 525.11,
537.03, 537.051,
537.10, 541.07,
545.01, 545.02,
545.05, 545.06,
545.08, 545.10,
545.14, 545.15,
545.18, 545.26,
549.15
1149.05(a)
1117.17(c)(4), (5)
125.21
307.09(a)(5)
1145.18
1309.01 to 1309.04
333.01, 333.99,
335.09, 337.02,
337.18, 337.24,
337.30, 337.99,
339.03, 377.03,
501.04, 501.07,
501.09, 509.03,
509.05, 513.03,
513.06, 513.08,
513.12, 525.03,
525.07, 525.12,
529.07, 533.03,
533.06, 537.02,
537.051, 537.07
133.011
133.012
150.01(a)
105.01 to 105.06
1305.01 to 1305.08,
1305.99
307.09(b)
111.03
69
COMPARATIVE SECTION TABLE
Ord. No.
02-09
Date
3-4-02
02-24
7-22-02
02-25
5-20-02
02-34
7-22-02
02-35
02-41
7-22-02
10-21-02
02-43
12-2-02
02-49
02-50
02-51
02-57
03-04
03-09
03-36
11-4-02
12-2-02
12-2-02
11-18-02
1-21-03
2-3-03
10-6-03
03-37
11-03-03
03-38
03-45
03-46
03-52
04-11
04-12
9-2-03
11-17-03
12-1-03
12-15-03
2-17-04
2-17-04
04-13
04-19
04-20
04-28
3-1-04
4-19-04
4-19-04
6-28-04
04-32
04-33
04-34
11-15-04
12-20-04
10-18-04
04-39
04-54
12-5-05
3-21-05
05-04
05-08
2-22-05
3-21-05
C.O. Section
1307.01 to
1307.09
755.01 to 755.08,
755.99
753.01 to 753.18,
753.99
751.01 to 751.24,
751.99
1117.17(e)(1),(3)
911.14,
911.15(b)
1159.01 to
1159.04
1501.01
1145.07(i)
1149.05(a)
563.01 to 563.05
1149.05(a)
351.21
707.01 to 707.07,
707.99
1145.01 to
1145.24,
1145.99
333.01
903.08(d)
143.18, 143.23
903.001
173.0318
2004 Replacement
Pages
1307.02(d)(1)A.
705.02(a), (c)
1351.14
713.02(c),
713.03(b), (c),
713.04(a)(3),
713.07(a)
557.03(a)
509.18
923.01 to 923.08,
923.99
505.10
173.0102,
173.0501,
173.2101
129.06(c)
1309.01 to 1309.04
Ord. No.
05-11
05-12
05-31
05-36
05-40
05-41
05-62
05-67
06-05
06-12
06-13
06-35
07-02
07-03
07-04
07-11
07-15
07-71
07-74
08-13
08-14
08-15
08-18
08-38
08-40
08-51
08-52
08-57
08-66
08-69
09-51
09-78
09-80
09-81
09-84
10-06
10-10
Date
4-18-05
4-18-05
C.O. Section
1349.01 to 1349.04
1341.01 to
1341.15, 1343.02,
1345.01(e)(2);
1345.03 Repealed
6-6-05
173.0501
6-20-05 921.02(a)
1-17-06 533.14
9-19-05 911.06(c)(10)
12-19-05 1307.01 to 1307.09
1-17-06 505.19
4-3-06
125.19
4-17-06 131.01(a)
4-17-06 129.01(a)
9-18-06 521.05(d)
2-5-07
1307.05, 1307.08
2-5-07
1309.01
2-5-07
1315.01, 1315.02
3-19-07 1335.01 to
1335.05, 1335.99
4-2-07
927.01 to 927.04
12-17-07 927.05
3-3-08
1117.09, 1117.12
(a)
3-3-08
1336.01 to
1336.13, 1336.99
3-3-08
1337.01 to
1337.10, 1337.99
3-3-08
1338.01 to
1338.11
3-3-08
1339.01 to
1339.18, 1339.99
6-2-08
143.22(c)
6-2-08
547.09
9-15-08 1117.02(b)(10)
9-15-08 1117.17(e)(9), (f)
11-3-08 708.01 to 708.07,
708.99
1-19-09 133.01, 133.02,
133.021, 133.051,
133.06
12-15-08 106.01
10-5-09 1305.03, 1305.06
1-19-10 911.15
1-19-10 533.14
1-19-10 927.05
1-4-10
Repeals
173.07.04(c)
3-15-10 1117.17
3-15-10 929.01 to 929.06
2015 Replacement
COMPARATIVE SECTION TABLE
Ord. No.
10-17
10-23
10-30
10-39
11-18
11-24
Date
6-8-10
10-4-10
9-20-10
11-15-10
5-16-11
6-20-11
11-41
9-19-11
11-44
11-53
11-60
12-24
11-21-11
12-19-11
12-19-11
6-4-12
12-38
12-40
11-19-12
11-19-12
12-48
12-53
12-17-12
2-4-13
13-15
13-16
13-19
13-21
13-24
13-31
13-52
14-11
14-23
4-1-13
5-20-13
6-3-13
5-20-13
6-3-13
10-7-13
1-13-14
4-7-14
5-5-14
14-47
11-3-14
15-11
15-21
4-20-15
6-15-15
2015 Replacement
C.O. Section
1307.05 to 1307.08
1333.01 to 1333.06
111.03
707.02 to 707.06
505.20
Repeals 1157.04
(b)
923.03, 923.05,
923.07
1309.01, 1313.01
929.06
331.341
929.02, repeals
929.03, 929.04
915.01 to 915.12
911.00 to 911.07,
911.09 to 911.22,
911.99
129.15(a)
1529.01 to
1529.05, 1529.99
311.02
1325.05
929.06
173.0501
521.05
547.09
1315.01
333.09
549.17, 549.18,
549.19
923.01 to 923.08,
923.99
1349.01
111.03
Ord. No.
Date
70
C.O. Section
CHARTER
OF THE
CITY OF FAIRVIEW PARK, OHIO
EDITOR’S NOTE: The Fairview Park City Charter was originally
adopted by the electors at the general election of November 4, 1958. All
sections with a date at the end thereof indicate that the substantive
provisions of those sections were amended or enacted on the date given.
TABLE OF CONTENTS
PREAMBLE
ARTICLE I. NAME AND BOUNDARIES (11-6-79)
ARTICLE II. MUNICIPAL POWERS
ARTICLE III.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
THE MAYOR.
Term. (11-6-90)
Qualifications. (11-6-90; 11-2-99)
Removal. (11-6-90; 11-3-09)
Vacancy in the Office of Mayor. (11-6-90)
Duties and Powers of the Mayor. (11-6-90; 11-3-09)
ARTICLE IV.
Sec. 1.
Sec. 1b.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
THE COUNCIL
Number and Terms. (11-8-66; 11-2-99; 11-3-09)
The Boundaries of Wards. (11-4-69)
Qualifications.
President of Council. (11-3-09)
Removal. (11-3-09)
Vacancies.
Salaries and Bonds.
Meetings.
Quorum. (11-3-09)
Rules and Journal of Council.
2010 Replacement
CHARTER
ARTICLE IV.
Sec. 10.
Sec. 11.
Sec. 12.
Sec. 13.
Sec. 14.
Sec. 15.
Sec. 16.
2
THE COUNCIL (Cont.)
Clerk of Council and Employees of Council.
Form of Legislative Action. (11-6-90; 11-3-09)
Effective Date of Ordinances and Resolutions.
(11-4-75; 11-3-09)
Assessments, Advertising of Contracts and
Sale of Municipal Property.
Enactment of Zoning Ordinances and
Regulations, Notice. (11-6-73; 11-2-99)
Dedication of Parks, Vacation; Use, Disposition
or Rental Thereof. (5-5-70; 11-3-09)
Voter Approval of Zoning Changes. (11-4-75; 11-7-95)
ARTICLE V. ADMINISTRATIVE OFFICES AND DEPARTMENTS
Sec. 1. General Provisions. (11-2-93; 11-2-99)
Sec. 2. Director of Law. (11-4-75; 11-2-99)
Sec. 3. Director of Finance. (11-4-75; 11-2-99)
Sec. 4. Director of Public Service and Development. (11-2-93; 11-2-99)
Sec. 5. Director of Recreation. (11-2-93; 11-2-99)
Sec. 5A. Director of Senior Life. (11-3-09)
Sec. 6. Termination of Office of Directors. (11-2-93)
ARTICLE VI.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
THE CIVIL SERVICE COMMISSION
Membership.
Officers.
Duties.
Removal. (11-3-09)
Funds.
ARTICLE VII. BOARDS AND COMMISSIONS
Sec. 1. Board of Zoning and Building Appeals. (11-4-75; 11-3-09)
Sec. 2. Planning and Design Commission. (11-2-93; 11-2-99; 11-3-09)
Sec. 3. Parks and Recreation Commission. (11-6-90; 11-3-09)
Sec. 4. The Board of Control. (11-4-69)
Sec. 5. (Reserved)
Sec. 6. Architectural Board of Review. (Repealed 11-2-93)
ARTICLE VIII. FINANCES
Sec. 1. Annual Estimate.
Sec. 2. Appropriation Ordinance.
Sec. 3. Transfers and Balances.
Sec. 4. Payment of Claims.
Sec. 5. Custody and Deposit of Funds. (11-4-69)
Sec. 6. Public Bidding. (11-7-95; 11-2-99; 11-3-09)
Sec. 7. Public Improvements.
Sec. 8. Taxation. (5-3-94; 11-5-96; 11-3-09)
Sec. 9. Submission of Extra Levy. (11-3-09)
Sec. 10. Debt Limitation.
2010 Replacement
3
CHARTER
ARTICLE IX.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
NOMINATIONS AND ELECTIONS
Municipal Elections. (11-6-79)
Nominations. (11-6-79)
Primary Election. (11-6-79; 11-4-08; 11-3-09)
Elections. (11-6-79)
General Provisions. (11-6-79)
ARTICLE X.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
INITIATIVE, REFERENDUM, RECALL
Initiative.
Referendum. (11-4-75)
Recall. (11-5-91)
General Provisions.
ARTICLE XI. FRANCHISE
ARTICLE XII. AMENDMENTS TO CHARTER (11-3-09)
ARTICLE XIII. GENERAL PROVISIONS
Sec. 1. Effective Date of Charter.
Sec. 2. Saving Clause.
Sec. 3. Effect of the Charter Upon Existing Laws and Rights.
Sec. 4. Interpretation of the Charter.
Sec. 5. Gender Neutral. (11-3-09)
ARTICLE XIV. CHARTER REVIEW COMMISSION (11-6-90; 11-3-09)
ARTICLE XV. EXECUTIVE SESSIONS (11-5-91)
2010 Replacement
2010 Replacement
5
CHARTER
OF THE
CITY OF FAIRVIEW PARK, OHIO
PREAMBLE
We, the people of the City of Fairview Park, in the County
of Cuyahoga and State of Ohio, in order to secure for ourselves the
benefits of municipal home rule and to exercise all the powers of
local self-government under the Constitution and laws of the State
of Ohio, do hereby adopt this Charter for our City.
ARTICLE I
NAMES AND BOUNDARIES
The Municipality now existing in the County of Cuyahoga, State of Ohio, and known as
Fairview Park shall continue to be a body politic and corporate under the name of the City of
Fairview Park, with the same boundaries as now exist, but with power and authority to change its
boundaries in the manner authorized by the laws of the State of Ohio, except that no territory shall
be detached from or annexed to the City, nor shall the City be annexed to or merged with any
other body politic, nor shall the corporate existence of the City be terminated, without the assent
of a majority of the electors of the City voting on such proposal at a regular election in such
manner as Council shall by resolution or ordinance prescribe.
(Amended 11-6-79.)
ARTICLE II
MUNICIPAL POWERS
The City of Fairview Park shall have all the powers, general or special, governmental or
proprietary, express or implied, which may now or hereafter lawfully be possessed or assumed
by municipalities of the class of this municipality under the Constitution and laws of the State of
Ohio. No enumeration of specific powers in this Charter shall be held to be exclusive.
2010 Replacement
Art. III, §1
CHARTER
6
All such powers shall be exercised in the manner prescribed in this Charter, or if not
prescribed herein, in such manner as Council may determine, or unless a contrary intent appears
in this Charter or in the enactments of the Council, in such manner as now or hereafter may be
provided by the laws of the State of Ohio.
ARTICLE III
THE MAYOR
SECTION 1. TERM.
The Mayor shall be elected at the regular municipal election in the year 1959, and every
fourth year thereafter, for a term of four (4) years. His term shall commence and he shall assume
office on the first day of January next following such election. He may be a candidate to succeed
himself. (Amended 11-6-90)
SECTION 2. QUALIFICATIONS.
The Mayor shall have been a qualified elector and a resident of the City for at least two
(2) years immediately prior to the date of his election, and shall continue to be a qualified elector
and resident therein during his term. He shall not serve on continuous active military service in
excess of one (1) month, either state or national, nor shall he hold any other public office, public
employment or public appointment, except that of Notary Public and member of the United States
Militia, National Guard, Reserve Corps of the United States or except as an uncompensated or
compensated member of a board, commission, or committee as a representative of the City. He
shall not, directly or indirectly, solicit, contract for, receive or be interested in any profit or
emolument from or on account of any contract, job, work or service with or for the City.
If the Mayor is absent for more than one month, secondary to being called to active duty
as a Reserve Member of the Federal Armed Forces, or as a member of a National Guard Unit or
Militia, then the office of the Mayor shall be considered vacant and the office shall be filled as
hereinafter provided in this Charter.
(Amended 11-6-90; 11-2-99)
SECTION 3. REMOVAL.
If at any time the Mayor shall cease to possess any of the aforesaid qualifications of office,
or shall be convicted of a felony or other crime involving moral turpitude, or be unable to perform
the duties of the office due to death, prolonged illness, physical or mental disability or absence
from the City in excess of ninety days, it shall be the duty of Council to declare the office of
Mayor vacant, and upon such declaration the office of Mayor shall automatically and immediately
become vacant. Such declaration by Council shall be made only after public hearing upon the
charge or charges brought, and provided, further, that the Mayor shall have been notified in
writing of the charge or charges against him at least fifteen (15) days in advance of such hearings;
provided further that he or his counsel shall have the opportunity to be heard, present evidence,
and examine, under oath, all witnesses appearing in support of such charge or charges. To be
effective such declaration of vacancy in the office of Mayor must receive the affirmative vote of
at least a majority plus one of the members elected to Council.
(Amended 11-6-90; 11-3-09.)
2010 Replacement
7
CHARTER
Art. III, §5
SECTION 4. VACANCY IN THE OFFICE OF MAYOR.
(a)
Absence. When the Mayor is absent or inaccessible or is unable for any cause or
reason to perform his duties, the President of Council shall become the acting Mayor but during
such temporary absence, he shall not have the power of veto nor shall he thereby cease to be
President of Council.
(b)
Vacancy. In the event the office of Mayor shall become vacant for any reason, the
President of Council shall thereupon become the Mayor, and serve for the unexpired term or until
the beginning of the term of a successor duly elected as hereinafter provided, and his office as
President of Council shall become vacant.
(c)
Absence of President of Council. In the event the President of Council shall be
absent or inaccessible or is unable for any cause or reason to perform his duties as acting Mayor,
then Council by a vote of a majority of the remaining members of Council shall designate one of
their number to act as Mayor provided that such person so designated shall not have the power of
veto nor shall he thereby cease to be a member of Council.
(d)
Election of Successor in the Event of Vacancy. In the event the office of Mayor
shall become vacant, a successor for the unexpired term shall be elected as Mayor at the next
regular municipal election, provided that (1) such election shall occur more than two (2) years
prior to the expiration of the unexpired term, and (2) the vacancy shall have occurred more than
one hundred twenty (120) days prior to such election. A President of Council or a Councilman,
who has become Mayor pursuant to subsections (b) and (c) of this section, may be a candidate to
succeed himself. (Amended 11-6-90.)
SECTION 5. DUTIES AND POWERS OF THE MAYOR.
(a)
Executive Powers. The Mayor shall be the chief executive officer of the City. He
shall supervise the administration of the City's affairs and shall exercise control over and be
responsible to the electors for all departments, divisions and offices. He shall be the chief
conservator of the peace within the City and shall cause all laws and ordinances to be enforced.
He shall be responsible for the preparation and submission of the annual estimate of receipts and
expenditures, and of appropriation measures, and shall at all times keep the Council fully advised
as to the financial condition and needs of the City. He shall cause all terms and conditions imposed
in favor of the City or its inhabitants in any franchise or contract to which the City is a party to
be faithfully kept and performed.
Except as may otherwise be provided by this Charter or the laws of the State of Ohio, the
Mayor shall have the power to appoint, promote, transfer, reduce or remove any officer or
employee of the City except (a) those required by this Charter to be elected, (b) those whose terms
of office may be fixed by this Charter, and (c) Directors of all departments who shall be appointed
by the Mayor subject to advise and consent of the majority of Council. Except as otherwise may
be provided in this Charter, all Directors and all appointive officers may be removed by the
Mayor, provided, however, that such removal shall not take effect without the concurrence of a
majority plus one of the members elected to Council.
2010 Replacement
Art. IV, § l
CHARTER
8
The Mayor shall execute on behalf of the City all contracts, conveyances, evidences of
indebtedness, and all other instruments to which the City is a party. He shall have custody of the
seal of the City and may affix it to all of said instruments, but the absence of the seal shall not
effect the validity of any such instrument. The Mayor shall be recognized as the official and
ceremonial head of the City government by the Governor for military purposes and by the courts
for the purpose of serving civil processes.
(b)
Legislative Powers. Every ordinance passed or resolution adopted by the Council
shall be attested by the Clerk of Council and promptly presented to the Mayor. If the Mayor
approves such ordinance or resolution, he shall sign it within ten (10) days after its passage or
adoption by the Council, but if he does not approve it, he shall return it to the Council with his
written objections within said ten (10) days of delivery to said Clerk, which objections shall be
entered in full on the journal of the Council. The Mayor may approve or disapprove the whole or
any part or item of an ordinance or resolution appropriating money, but otherwise his approval
or disapproval shall be addressed to the entire ordinance or resolution. If the Mayor does not sign
or veto an ordinance or resolution after its passage or adoption within said ten (10) day period,
it shall take effect in the same manner as if he had signed it. When the Mayor has disapproved an
ordinance or resolution or part or item thereof, as herein provided, the Council shall, not later than
the next regular meeting, proceed to reconsider it, and if upon reconsideration the ordinance or
resolution or part or item thereof be approved by vote of a majority plus one of the members
elected to Council, it shall then take effect as if it had received the signature of the Mayor. In all
such cases the vote shall be taken and entered upon the journal.
(c)
Judicial Powers. The Mayor shall have all the judicial powers granted by this
Charter, the ordinances of the City, and the general laws of the State of Ohio.
(d)
Office and Hours. The Mayor shall have his office at City Hall. The Mayor shall
devote his time and effort during City business hours and at such other times as may be necessary
to the business of the City. (Amended 11-6-90; 11-3-09)
ARTICLE IV
THE COUNCIL
SECTION 1. NUMBER AND TERMS.
All legislative powers of the City, except as otherwise provided by this Charter and by the
Constitution of the State of Ohio, shall be vested in a Council of seven members, five of whom
shall be elected by the several wards, one of whom shall be elected at large, and one of whom
shall be elected at large as president of Council. (Amended 11-2-99)
2010 Replacement
9
CHARTER
Art. IV, §3
Members of Council, including the President of Council, shall be elected at the regular
municipal election in the year 2011 for a term of four (4) years and every fourth year thereafter
for a term of four (4) years. All members of the Council shall assume office on the first day of
January next following their election.
(Amended 11-8-66; 11-3-09)
SECTION lb. THE BOUNDARIES OF WARDS.
The boundaries of wards shall be subject to change in order to conform to the one-man,
one-vote edict of the Supreme Court. Every ten years after the Federal census figures are
available, the Council shall examine the community and determine whether a reapportionment is
necessary, and if necessary, shall propose a plan for reapportionment. If the Council fails to act
within sixty days from the availability of the Federal census figures, the Mayor then shall have
thirty days to present a reapportionment plan to Council. Council shall then have thirty days to
examine the plan and make any amendments to such plan. If Council fails to act upon the Mayor's
plan within said thirty days after its submission by the Mayor, the Mayor's plan shall then become
law. (Added 11-4-69.)
SECTION 2. QUALIFICATIONS.
No person shall be eligible to be a member of Council, unless he shall have been
continuously a resident and a qualified elector of the City of Fairview Park for two (2) years
immediately prior to his election or appointment. In addition to the foregoing requirements, no
person shall be eligible to be a member of Council, elected from a ward, unless he shall have been
continuously a resident and qualified elector of such ward for one (1) year immediately prior to
his election or appointment.
No person shall serve as a member of Council unless during his term of office he shall
continue to be a resident and a qualified elector of the City of Fairview Park, and if elected or
appointed from a ward, shall be and continue to be a resident of such ward. He shall not hold any
other municipal office or municipal employment in this City except as otherwise provided in this
Charter, and except that of Notary Public. He shall forfeit his office as Councilman, or President
of Council, in the event he is called to full-time military service for a period exceeding thirty (30)
consecutive days. He shall not be interested in the profits or emoluments of any contract with, or
job, work or service for the City. Any member who shall cease to possess any of the qualifications
herein required shall forthwith forfeit his office, and any such contract in which any member is
or may become interested may be declared void by the Council.
SECTION 3. PRESIDENT OF COUNCIL.
(a)
Separate Office. The President of Council shall be elected by the voters.
Candidates for such office shall file specifically for that office in accordance with Article IX of this
Charter.
(b)
Duties. The President of Council shall preside at all regular and special meetings
of Council. He shall perform such duties as presiding officer as may be imposed upon him by
the Council.
2010 Replacement
Art. IV §4
CHARTER
10
(c)
Acting Mayor. In the absence of the Mayor, the President of Council shall act as
Mayor as provided in Article III of this Charter.
(d)
Vacancy in Office. In case of a vacancy, the President of Council shall be elected
by Council from among its members and the one so elected shall vacate his office as Councilman
and shall serve for the unexpired term of such President. (Amended 11-3-09)
SECTION 4. REMOVAL.
The Council shall be the judge of the election and qualifications of its own members,
including the President of Council. Council may by at least a majority plus one vote of all the
members elected to Council expel or remove any member including the President of Council for
gross misconduct, malfeasance, nonfeasance, misfeasance in or disqualification for office; for
violation of his oath of office; for the conviction while in office of a crime involving moral
turpitude; for persistent failure to abide by the rules of Council; or for absence without justifiable
excuse from three consecutive regular meetings. Prior to any such action by Council, the accused
member shall be notified in writing of the charge against him at least ten (10) days in advance of
any hearing upon such charge, and he and his counsel shall be given an opportunity to be heard,
present evidence or examine under oath any witness appearing in support of such charge.
(Amended 11-3-09)
SECTION 5. VACANCIES.
Whenever any office of Councilman becomes vacant, the vacancy shall be filled for the
unexpired term by majority vote of the remaining members of the Council eligible to vote. If the
vacancy be not filled within thirty days, the Mayor shall fill it by appointment.
SECTION 6. SALARIES AND BONDS.
The Council shall have the power to fix its own compensation and that of each employee
of the City, including officers and members of any board or commission of the City, whether
elected, appointed or chosen, and to establish bond for the faithful discharge of the duties of the
office. The premium of any bond required by the Council shall be paid by the City. The
compensation of all elected officials shall be fixed at least thirty (30) days prior to the filing date
of nominating petitions for the terms beginning on the next succeeding first day of January, and
shall not thereafter be changed in any respect during any such term or any part thereof. The
Council may authorize any officer of the City to make such travel as the Council deems to be in
the public interest, and may provide that the expense of such travel be paid by the City.
SECTION 7. MEETINGS.
(a)
Regular Meetings. The Council shall meet in the Council Chambers at such times
as may be prescribed by its rules, regulations, ordinances or by-laws, except that it shall hold
regular meetings at least twice each calendar month, provided, however, that it may recess during
the months of July and August, subject to call of the Mayor. All meetings of the Council, whether
regular or special, shall be open to the public.
2010 Replacement
11
CHARTER
Art. IV, §11
(b)
Special Meetings. Special meetings of the Council may be called in accordance
with and as provided for by the rules, regulations or by-laws adopted by the Council. In absence
of such provisions, special meetings may be called by a vote of the Council taken at any regular
or special meetings thereof, or shall be called by the Clerk of Council upon the written request of
the Mayor or President of Council, or three (3) members of Council. Any such request shall state
the time, place and date thereof, and the subject or subjects to be considered at the meeting, and
no other subject or subjects shall be considered. Notice in writing of each such special meeting
called at the request of the Mayor, President of Council, or three (3) members of Council, shall
be given to each member of Council and the Mayor, by serving on each of them personally or by
leaving a copy thereof at his usual place of residences, not less than twenty-four (24) hours
preceding the date and hour of such meeting. Service of such notice may be waived in writing.
SECTION 8. QUORUM.
A majority of the members elected to Council shall constitute a quorum for the transaction
of business at any meeting of the Council, but a lesser number may adjourn the meeting from time
to time and compel the attendance of absent members in such manner and under such penalties as
may be prescribed by ordinance or resolution.
SECTION 9. RULES AND JOURNAL OF COUNCIL.
Council shall adopt its own rules, regulations or by-laws and shall keep a journal of all of
its proceedings. The journal shall be open for public inspection at all reasonable times. The voting
upon any ordinance, resolution, or motion shall be by roll call, and the vote of each Councilman
shall be entered upon the journal.
SECTION 10. CLERK OF COUNCIL AND EMPLOYEES OF COUNCIL.
A Clerk of Council shall be appointed and may be removed by Council. Council may
employ such other employees as it deems necessary for the proper discharge of the duties of
Council.
The Clerk of Council shall keep an accurate and complete journal of the proceedings of
Council, authenticate by his signature and have custody of and properly file and index all laws,
ordinances and resolutions of Council, and shall have custody of other official documents, reports,
papers and communications received by the Council, and have custody and control of all files of
Council, and perform such other duties as Council shall require.
SECTION 11. FORM OF LEGISLATIVE ACTION.
All legislative action by Council shall be by ordinance or resolution introduced in written
or printed form. An affirmative vote of at least a majority of the members elected to Council shall
be required for the passage or enactment of every ordinance or resolution. Unless otherwise
provided herein, every ordinance or resolution shall be read at three (3) different Council meetings
unless a majority plus one of the members elected to Council dispense with this requirement. If
a written or printed copy of the ordinance or resolution shall have been furnished to each member
of Council prior to its introduction, the ordinance or resolution shall be deemed to have been read
if the title is fully read, provided however, at the request of two or more members of Council the
full text of the ordinance or resolution shall be read.
2010 Replacement
Art. IV §12
CHARTER
12
All ordinances, resolutions, statements, orders, proclamations and reports required by law
or by this Charter or by ordinance to be published or posted, shall be posted at one place, the City
Hall, for a period of not less than fifteen (15) days prior to the taking effect thereof. Any
emergency ordinance or resolution shall also be published or posted as aforesaid, but said
requirements shall not postpone the immediate taking effect thereof as provided in Section 12 of
this Article. (Amended 11-6-90; 11-3-09.)
SECTION 12. EFFECTIVE DATE OF ORDINANCES AND RESOLUTIONS.
(a)
Each ordinance or resolution providing for the appropriation of money, for an
annual tax levy, or for improvements petitioned for by the owners of a majority of the front
footage of property to be benefited and specially assessed therefor, and any emergency ordinance,
resolution or other action necessary for the immediate preservation of public peace, health or
safety, shall take effect, unless a later date be specified therein, upon its approval by the Mayor,
or upon the expiration of the time within which it may be vetoed by the Mayor, or upon its
passage after veto by the Mayor, as the case may be.
No other ordinance, resolution or action of Council shall become effective until forty (40)
days after its approval by the Mayor or upon the expiration of the time within which it may be
vetoed by the Mayor or upon its passage after veto by the Mayor, as the case may be.
Each emergency ordinance, resolution or other action shall contain a statement of and
reasons for the necessity for such emergency action, and shall require the affirmative vote of a
majority plus one of the members elected to Council for its enactment.
No action of Council, whether legislative or administrative in nature, (1) authorizing the
surrender or joint exercise of any municipal power; (2) granting any franchise; (3) entering into
a contract, consent agreement or compact with any other governmental unit, agency or association
of any kind, including regional government or agency; (4) rezoning any property; (5) changing
the uses permitted in any zoning district or classification; (6) amending or repealing any zoning
ordinance; or (7) providing, permitting, authorizing, enlarging or approving any (a) public,
low-cost, subsidized and/or scatter-site housing or housing project; (b) government rent or
mortgage supplement scheme or plan of any type whatsoever, whether publicly or privately owned
or leased; (c) group housing unit having more than three unrelated persons; (d) converting any
multi-family dwelling (apartment house) into condominiums; (e) the erection of any dwelling or
dwelling unit which does not conform to the then existing zoning or building codes, as the same
are applied to all other single or multi-unit dwellings, as the case may be; or (f) establishing or
providing for any urban renewal district or project; shall be designated an emergency measure nor
enacted under a suspension of the rules.
The reasons for, necessity for, facts supporting the reasons for and/or necessity for and/or
the bonafides of any emergency ordinance, resolution or other action of Council shall be subject
to Judicial review.
(b)
All ordinances, resolutions, proclamations, motions, and Charter provisions,
existing prior to the date of adoption hereof inconsistent with this section are hereby repealed and
declared null and void.
2010 Replacement
13
CHARTER
Art. IV, §14
(c)
This section shall be severable and if any subsection, part, word or application
thereof is held invalid for any reason, such holding shall not invalidate or affect the force and
effect of any other section, subsection, part, word or application thereof.
(Amended 11-4-75.)
SECTION 13. ASSESSMENTS, ADVERTISING OF CONTRACTS AND SALE
OF MUNICIPAL PROPERTY.
The Council may make provision by ordinance for:
(a)
The procedure for making public improvements and levying assessments, including
the procedure for combining two or more public improvements, and the levying of
assessments therefor in one proceeding if the Council finds that it will be
economical and practical to undertake such improvements jointly;
(b)
The advertising and awarding of contracts and alterations or modifications of
contracts;
(c)
The sale or disposal of municipal property;
(d)
Such other general regulations as the Council may deem necessary.
SECTION 14. ENACTMENT OF ZONING ORDINANCES AND REGULATIONS,
NOTICE.
(a)
Any comprehensive or master plan designed to guide or regulate or control the
development of the entire City through zoning ordinances in effect or to be enacted shall be
submitted to the electors of the City. A majority of those voting at any regular or special election
wherein such comprehensive or master plan shall have been submitted to the electorate, must
approve the same, otherwise such proposed plan shall have no force or effect. Amendments to or
repeal of any comprehensive or master plan, or any part thereof, shall likewise be submitted to
the electorate, and a majority of those voting upon such amendment or repeal shall approve the
same prior to any amendment or repeal having any force or effect.
(b)
The Council may provide by ordinance for the procedure for the passage and
amendments to any zoning ordinance, the maps and regulations thereof, and the publication of
notice and public hearings thereof, provided that the minimum notice of the time and place of such
public hearing shall be published once a week for two (2) consecutive weeks in a newspaper of
general circulation in the city, with the first such notice being published not less than thirty days
(30) prior to the first public hearing at which Council considers such ordinance. In the event it
is proposed to amend, enlarge, or change any area, zone or district classification, defined in an
enacted ordinance, then, in addition to the newspaper notice hereinbefore provided, notice of the
time and place of such public hearing shall be given by first class mail, postage pre-paid, ten (10)
days before such hearing, to the record title holders of the property immediately adjacent,
adjoining and abutting on such area, zone, or district proposed to be changed. Record title holder
shall mean the title holder of such property as disclosed by the Records of the Auditor of
Cuyahoga County, thirty (30) days immediately prior to the date of such public hearing. If the
mailing address of such record title holder cannot be reasonably ascertained, then the aforesaid
newspaper notice of such hearing shall be deemed adequate notice. Nothing herein provided shall
be construed as limiting the power of the Council from enlarging on such notice.
(Amended 11-6-73; 11-2-99)
2010 Replacement
Art. IV §15
CHARTER
14
SECTION 15. DEDICATION OF PARKS, VACATION; USE, DISPOSITION OR
RENTAL THEREOF.
(a)
Park Dedication, Mandatory Referral to Electorate, Etc. Council may, from time
to time, dedicate lands owned by the City to be used as parks, parkways, playgrounds, or
otherwise as public recreational areas. In this Charter all such lands already so dedicated and all
those which may in the future be dedicated to such purposes, are referred to as "dedicated parks".
The dedication of all or any one of the "dedicated parks" shall not be vacated, nor shall any
"dedicated park" or any part thereof, be sold, conveyed, nor shall the exclusive use thereof be
granted, by the Council, nor shall any "dedicated park" or any portion thereof be leased or rented
for a term in excess of one year, nor shall any portion thereof be used or permitted to be used by
any person, corporation, governmental body or other entity for other than park and recreational
uses, unless and until such has, first, been submitted to the Parks and Recreation Commission, as
required in Article VII, Section 3 (c) for report and recommendation.
Any matter so referred to the Parks and Recreation Commission shall be acted upon by it
within sixty (60) days from the date or referral unless a longer time be allowed by Council. If the
Parks and Recreation Commission shall fail to act within the time allotted, it shall be deemed to
have approved such matter. If any provision of such ordinance or resolution is disapproved by
formal action of the Parks and Recreation Commission, the adoption of such ordinance or
resolution shall require a majority plus one affirmative vote of all members elected to Council for
adoption or authorization.
After any proposal to vacate any part or all of any "dedicated park" or any proposal to sell,
convey, lease or rent for a period in excess of one (1) year, or in any manner alienate, or grant
the exclusive use of, any "dedicated park" or any portion thereof, shall have been processed
through the Parks and Recreation Commission and approval of said proposal has been duly
obtained by the Council from the Commission, or, following its disapproval by said Commission,
said proposal has been affirmatively adopted by Council pursuant to a majority plus one vote by
all members elected to Council for adoption or authorization, each such proposal shall be
suspended and without legal effect until said proposal shall have been submitted to the electorate
at a general or special election in the manner and subject to the procedures which shall be
established by ordinance, and approved by the majority of the electors voting thereon.
(b)
Matters Not Requiring Vote of Electorate. Following approval by the Parks and
Recreation Commission, or subsequent to disapproval by the Commission followed by an
affirmative adoption or authorization by vote of a majority plus one of the members elected to
Council on said proposal, Council may without approval of the electorate lease or rent or permit
the use of any part of any "dedicated park" for a period not in excess of one year, to or by any
person, corporation, governmental body or their entity for the operation of any facility, or the
performance of any service or function, incidental to or congruous with park and recreational
usages; or, following such processing through the Commission, Council may grant and/or convey
easements or similar interests over, under and across "dedicated parks" or any portion thereof, for
the construction, installation and maintenance of sewers and utility lines.
2010 Replacement
15
CHARTER
Art. IV, §16
(c)
Emergency Legislation Prohibited; Exceptions. The passage of an emergency
measure of any ordinance or resolution pertaining to any of the matters requiring referral to the
electorate, as set forth in subsection (a) of this Section 15 of this Article IV, is prohibited. Matters
set forth above in "(b) Matters Not Requiring Vote of Electorate", shall be subject to passage of
emergency measures, but not until any such matter shall have first been referred to the Parks and
Recreation Commission.
Whenever Council finds that an emergency is of such nature as to require approval or
disapproval by the Commission within less than sixty (60) days of any proposed emergency
measure relating to matters not subject to mandatory referral to the electorate, Council shall have
the power to call for a meeting of said Commission within any period of time reasonable under
the circumstances; and the Commission shall then promptly approve or disapprove of said
proposed emergency measure. In the event of disapproval by the Commission, said proposed
emergency measure may nonetheless be affirmatively adopted or authorized by a majority plus one
vote of all members elected to Council.
(Added 5-5-70; 11-3-09)
SECTION 16. VOTER APPROVAL OF ZONING CHANGES.
(a)
An ordinance, resolution, or other action, whether legislative or administrative in
nature, effecting a change in the zoning classification or district of any property within the City
of Fairview Park, Ohio, shall not become effective after the passage thereof, until Council submits
such ordinance, resolution or other action to the electorate at a regularly scheduled election in
November or a primary election in May occurring more than sixty (60) days after the passage of
the ordinance, resolution, or other action and such ordinance, resolution or other action is
approved by a majority of the electors voting thereon, in this Municipality and in each ward in
which the change is applicable to property in the ward.
(b)
An ordinance, resolution, or other action, whether legislative or administrative in
nature, effecting change in the uses permitted in any zoning use classification or district of the City
of Fairview Park, Ohio, shall not become effective after the passage thereof, until Council submits
such ordinance, resolution or other action to the electorate at a regularly scheduled election in
November or a primary election in May occurring more than sixty (60) days after the passage of
the ordinance, resolution or other action and such ordinance, resolution or other action is approved
by a majority of the electors voting thereon, in this Municipality and in each ward in which the
change is applicable to property in the ward.
(Amended 11-7-95.)
(c)
The requirement of approval by a majority of voters voting thereon in this
Municipality and in each ward in which the change is applicable shall also apply to changes in
zoning classification, district or use sought to be effected by initiative petition.
(d)
All ordinances, resolutions, proclamations, motions and Charter provisions
inconsistent with this section are hereby repealed and declared null and void.
(e)
This section shall be severable and if any subsection, part, word or application
thereof is held invalid for any reason, such holding shall not invalidate or affect the force and
effect of any other subsection, part, word or application thereof.
(Added 11-4-75.)
2010 Replacement
Art. V, §1
CHARTER
16
ARTICLE V
ADMINISTRATIVE OFFICERS AND DEPARTMENTS
SECTION 1. GENERAL PROVISIONS.
A Department of Law, Department of Finance, Department of Public Service and
Development, Department of Recreation, Department of Police, and Department of Fire are
hereby established by this Charter and Council shall provide for the organization thereof. Each
department or office shall be headed by a Director, except Police and Fire which shall be headed
by Chiefs. The Council may by ordinance provide for the establishment and organization of other
departments or divisions thereof. All appointments and removals in the several departments shall
be made by the respective directors and chiefs. The appointment or dismissal of the Police or Fire
Chief shall not be subject to confirmation by Council but shall be governed by applicable civil
service law, rules and regulations.
Whenever a vacancy occurs in the position of department director or chief officer of any
City department, the Mayor shall appoint an interim director to that position within thirty (30)
days, and for a period not to exceed ninety (90) days, until a permanent director is nominated by
the Mayor and approved by Council. An interim appointment shall not be a bar to a permanent
appointment subject to the same advice and consent of council for all department directors, or
other chief officers of any City departments. (Amended 11-2-93; 11-2-99)
SECTION 2. DIRECTOR OF LAW.
The Director of Law shall be the head of the Law Department and shall be appointed by
the Mayor, with the advise and consent of the majority of Council. He may be removed from
office by the Mayor. The Director of Law shall serve the Mayor, the Council, the administrative
officers and departments, and the commissions and boards of the City as legal counsel, and shall
represent the City in all proceedings in court or before any administrative body. He shall act as
the prosecuting attorney for the City. No person shall act as Director of Law unless duly admitted
to practice law in the State of Ohio. He shall perform all other duties now or hereafter imposed
upon City Solicitors by the laws of the State of Ohio unless otherwise provided by ordinance of
the Council, and he shall perform such other duties as the Council or the Mayor may impose upon
him consistent with his office. (Amended 11-4-75; 11-2-99)
SECTION 3. DIRECTOR OF FINANCE.
The Director of Finance shall be the head of the Finance Department and the fiscal officer
of the City. He shall be appointed by the Mayor, with the advise and consent of the majority of
Council. He may be removed from office by the Mayor. He shall serve the Mayor and the
Council as financial advisor in connection with municipal affairs, and he may serve as Clerk of
Council. In such capacity or capacities, he shall keep the records of said bodies, and shall
authenticate all records, documents and instruments of the City on which authentication is proper.
The Director of Finance shall examine all payrolls, bills and other claims against the City and shall
issue no warrant unless he shall find that the claim is in proper form, correctly computed and duly
approved, and that it is due and payable, and that an appropriation has been made therefor; and
he shall perform all other duties now or hereafter imposed upon City Auditors or Treasurers by
the laws of the State of Ohio unless otherwise provided by this Charter, or by ordinance of the
Council, and he shall perform such other duties as the Mayor may impose upon him consistent
with his office.
(Amended 11-4-75; 11-2-99)
2010 Replacement
17
CHARTER
Art. V, §5
SECTION 4. DIRECTOR OF PUBLIC SERVICE AND DEVELOPMENT.
The Director of Public Service and Development shall be appointed by the Mayor, with
the advise and consent of the majority of Council. He may be removed from office by the Mayor.
The Director of Public Service and Development shall be the head of the Division of Building and,
if established by Council, the Division of Health. The Director of Public Service and
Development shall have charge of all public works and improvements and the construction thereof,
and all engineering and inspection in connection therewith, except those having reference to the
Departments of Police, Fire and Recreation. He shall be charged with the construction,
improvement, repair and maintenance of streets, avenues, alleys, lanes, sidewalks, bridges,
wharves, docks, and breakwalls; of water mains, pumps, systems, pipes, purification and filtration
plants and the water distribution system; of sewers, sewage systems, drains, ditches, culverts,
streams, viaducts, watercourses and harbors, and of all public buildings, dedicated parks, parks,
cemeteries, and other public places belonging to the City or dedicated to public use except as
otherwise provided in the Charter. He shall manage and control cemeteries, market houses,
sewage treatment plants, waterworks and all public utilities of the City supported in whole or in
part by taxation, and shall enforce all the obligations of privately owned or operated public utilities
enforceable by the City.
He shall have charge of the making and preservation of all surveys, maps, plans, drawings
and estimates for public work except as otherwise provided in the Charter; the cleaning,
resurfacing, repairing, sprinkling and lighting of streets and public places; the collection and
disposal of waste; and the preservation of all property belonging to the City and pertaining to the
functions thereof.
The Director of Public Service and Development shall develop, coordinate, activate,
implement, encourage, foster, and promote plans and programs for economic and community
development, redevelopment and improvement for and within the City. The Director of Public
Service and Development shall make all necessary rules and regulations for the Department of
Public Service and Development. He shall perform such other duties consistent with his office,
as may be required by this Charter, by ordinance of the Council, or as directed by the Mayor.
(Amended 11-2-93; 11-2-99)
SECTION 5. DIRECTOR OF RECREATION.
The Director of Recreation shall be appointed by the Mayor, with the advice of the Parks
and Recreation Commission and the advise and consent of the majority of Council. The Director
of Recreation may be removed from office by the Mayor. The Director of Recreation shall have
charge of all municipally owned or operated recreational premises, recreational areas, playgrounds
and recreational facilities and improvements and the construction thereof, and all engineering and
inspection in connection therewith. He shall be charged with the construction, improvement,
repair and maintenance of recreational premises, recreational areas, recreational facilities and
playgrounds belonging to or operated by the City or dedicated to public use.
2010 Replacement
Art. V, §5A
CHARTER
18
He shall have charge of the making and preservation of all surveys, maps, plans, drawings
and estimates for public work relating to recreational premises, recreational areas, recreational
facilities and playgrounds belonging to or operated by the City. The Director of Recreation shall
make all necessary rules and regulations for the Department of Recreation. He shall perform such
other duties consistent with his office, as may be required by this Charter, by ordinance of the
Council, or as directed by the Mayor. (Amended 11-2-93; 11-2-99)
SECTION 5A. DIRECTOR OF SENIOR LIFE.
The Director of Senior Life shall be appointed by the Mayor, with the advice and consent
of the majority of Council. The Director of Senior Life may be removed from office by the
Mayor. The Director of Senior Life shall have charge of the City of Fairview Park Senior Center
and all programs operated therein. The Director of Senior Life shall make all necessary rules and
regulations for the Department of Senior Life and shall perform such other duties consistent with
the office, as may be required by this Charter, by ordinance of the Council, or as directed by the
Mayor. (Added 11-3-09)
SECTION 6. TERMINATION OF OFFICE OF DIRECTORS.
On the first day of January next following the election of the Mayor, the term of office of
every Director, other than the Chiefs of the Departments of Police and Fire, shall expire.
(Amended 11-2-93.)
ARTICLE VI
THE CIVIL SERVICE COMMISSION
SECTION l. MEMBERSHIP.
The Civil Service Commission shall consist of three (3) electors of the City, not holding
other municipal office or appointment, to be appointed by the Mayor, for terms of six (6) years
each, except that of the three appointed for the term beginning January 1, 1959, one shall be
appointed for a term of two (2) years, one for a term of four (4) years, and one for a term of six
(6) years. A vacancy occurring during the term of any member of the Civil Service Commission
shall be filled for the unexpired term in the manner authorized for an original appointment.
SECTION 2. OFFICERS.
The Commission shall designate one of its members as Chairman and may appoint a
Secretary who need not be a member of the Commission and may hold other municipal office or
appointment.
SECTION 3. DUTIES.
The Civil Service Commission shall provide by rule for the ascertainment of merit and
fitness as the basis for appointment and promotion in the service of the City, as required by the
Constitution and/or laws of the State of Ohio, and for appeals from the action of the Mayor or any
director in any case of transfer, reduction or removal. The action of the Commission on any such
appeal shall be final except as otherwise provided by the laws of Ohio. Except as herein provided,
the Civil Service Commission shall determine the practicability of competitive examinations for
any non-elective officer or job classification in the service of the City.
SECTION 4. REMOVAL.
The Mayor may at any time suspend any Commissioner for inefficiency, neglect of duty,
malfeasance, misfeasance or nonfeasance in office, incapacity or incompetency; provided,
however, that such suspension shall not become final without the concurrence of a majority plus
one of the members elected to Council. (Amended 11-3-09)
2010 Replacement
19
CHARTER
Art. VII, §1
SECTION 5. FUNDS.
A sufficient sum shall be appropriated by the Council each year to carry out the civil
service provisions of this Charter.
ARTICLE VII
BOARDS AND COMMISSIONS
SECTION 1. BOARD OF ZONING AND BUILDING APPEALS.
(a)
Organization. There shall be appointed, commencing January 1, 1959, in place of
the Board of Zoning Appeals created by the existing ordinance of the City, a Board of Zoning and
Building Appeals composed of five (5) qualified members appointed by the Mayor, who shall be
appointed for a term of five (5) years except that members first appointed shall be appointed one
for a term of one year, one for a term of two years, one for a term of three years, one for a term
of four years and one for a term of five years. Any vacancy shall be filled in the same manner for
the unexpired term. All board members shall serve without compensation and the Mayor shall
have the right to remove any member for cause. The Building Inspector and the City Engineer
shall furnish the necessary technical advice and services required by the Board.
(b)
Powers and Duties. The Board of Zoning and Building Appeals shall have the
following duties and powers:
(1)
To hear and decide appeals made for exceptions to and variations in the
application of ordinances governing zoning in the City of Fairview Park in
conformity with the purpose and intent thereof and to hear and decide all
appeals made for exceptions to and variations in the application of
ordinances, or orders or regulations of administrative officials or agencies.
(2)
To approve or disapprove materials, types of construction, appliances,
devices or appurtenances proposed for use pursuant to the Building Code
of the City.
(3)
To hear and decide appeals from, and to review upon motion of any
member of the Board, any order, requirement, decision or determination of
the Building Inspector or of any other administrative official or agency of
the City, relating to the location, design, materials, construction, alteration,
repair, equipment, use or occupancy, maintenance, removal or demolition
of any building or other structure or any appurtenance connected or
attached to such buildings or structures, regulated by the Building Code of
the City and any rule or regulation or amendment or repeals thereof made
by said officials or agencies under the authority conferred upon them by the
Building Code of the City, by reversing or affirming in whole or in part,
or modifying such order, requirement, decision or determination, or rule,
regulation, amendment or repeals thereof as in its opinion ought to be made
in the premises.
2010 Replacement
Art. VII, §2
CHARTER
(4)
(5)
(6)
(7)
(c)
3, 2009.
20
To exercise with respect to buildings situated in the City the same powers
as are exercised by the Board of Building Standards under the laws of the
State of Ohio to the extent that it is competent for this Charter so to
authorize the Board.
To formulate and submit to the City Council, changes in and amendments
to the Building Code which the Board determines as desirable for the proper
regulation of buildings and structures and the equipment thereof and
appurtenances thereto in the City of Fairview Park.
To establish rules and regulations for its own procedure not inconsistent
with this section.
To do and perform such other duties and functions as may be imposed upon
it by this Charter or ordinances and resolutions of the Council.
(Adopted 11-4-58.)
EDITOR’S NOTE: Former subsection (c) was repealed by the voters on November
SECTION 2. PLANNING AND DESIGN COMMISSION.
(a)
Membership. The Planning and Design Commission shall consist of seven (7)
voting members. One (1) voting member shall be the Mayor; one (1) voting member shall be a
member of Council to be appointed by the President of Council for such term as the President of
Council shall determine; one (1) voting member shall be a registered architect who shall be
appointed by the Mayor; one (1) voting member shall be a person who is skilled in or engaged in
the business of landscape architecture who shall be appointed by the Mayor; and three (3) voting
members shall be electors of the City who shall be appointed by the Mayor. None of the three (3)
elector members shall be employed by the City nor shall such elector members hold any other
municipal office or appointment. Subject to the provisions of Article IV, Section 6 of this Charter,
compensation may be paid to the registered architect and to the person who is skilled in or engaged
in the business of landscape architecture or to the alternates therefore as may be fixed by Council.
The three (3) elector members of the Planning and Design Commission shall serve without
compensation. The terms of the three (3) elector-members shall be for four years each, and the
separate terms of the present elector-members shall terminate respectively at the conclusion of the
31st day of December of the years 1994, 1995 and 1996. The term of the registered architect shall
be for a term of four years, provided that the term of the registered architect first appointed
subsequent to the effective date of this section shall terminate at the conclusion of the 31st day of
December, 1995. The term of the person who is skilled in or engaged in the business of landscape
architecture shall be for a term of four years, provided that the term of the person skilled in
landscape architecture first appointed subsequent to the effective date of the section shall terminate
at the conclusion of the 31st day of December, 1995. The Mayor shall appoint an alternate
registered architect and an alternate person who is skilled in or engaged in the business of
2010 Replacement
21
CHARTER
Art. VII, §2
landscape architecture to serve during the temporary absence or disqualification of the registered
architect or person who is skilled in or engaged in the business of landscape architecture. The term
of the alternate registered architect and of the person skilled in or engaged in the business of
landscape architecture shall coincide with that of the regular members.
A vacancy occurring during the term of any member of the Planning and Design
Commission shall be filled for the unexpired term in the manner authorized for the original
appointment. The appointing authority of a member of the Planning and Design Commission as
herein provided shall have the right to remove such appointed member or alternate appointed
member for cause.
No member of the Planning and Design Commission shall, while acting as a member
thereof, participate in the review of, or give advice upon, any development proposal or building
plans or drawings prepared for or on behalf of any person other than for or on behalf of the City,
of which said member or any partner or professional associate is the author, or in which said
member or any partner or professional associate has any direct or indirect financial interest.
(b)
Duties and Powers. The Planning and Design Commission shall be responsible for
the long-range planning of the City to insure its orderly and harmonious development. It shall be
the function and duty of the Planning and Design Commission to act as the platting commissioners
of the City, and as such it shall have control of planning and shall provide regulations with respect
to the platting of all lands within the City so as to secure their harmonious development; to provide
for the coordination of streets with other streets and with the official municipal plan; to provide
for open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air, and
for the avoidance of congestion of population.
It shall make such regulations as it deems necessary as to the manner in which streets and
other public ways shall be graded and improved; the manner in which and the extent to which
water, sewer and other utility mains, piping or other facilities shall be installed, or establish any
other conditions precedent to the approval of a proposed plat.
The Planning and Design Commission shall make plans and maps of the whole or any
portion of the City and make changes in, additions to, and estimates of such plans or maps when
it deems the same advisable. It shall have such powers as may be conferred upon it by ordinance
of the Council concerning the plan, design, location, removal, relocation and alteration of any
public building or structure or those located on public streets or property, the location, relocation,
widening, extension and vacation of streets and other public places, the zoning and re-zoning of
the City for any lawful purpose, and such other powers as may now or hereafter be conferred upon
it by ordinance of the Council or the general laws of the State of Ohio not inconsistent with this
Charter or such ordinances.
All plans, recommendations and regulations made by the Planning and Design Commission
as hereinbefore described shall be submitted to Council for approval before the same shall be
considered as official.
2010 Replacement
Art. VII, §2
CHARTER
22
The Planning and Design Commission shall, at least every five years, review the
subdivision regulations and zoning ordinances, texts, maps and recommend to the Mayor and
Council such revisions and amendments as in its judgment are desirable.
The Planning and Design Commission shall have such duties and powers as Council shall
provide by ordinance concerning the review and regulation of the design, construction, alteration,
moving or razing of buildings in the City for the purpose of maintaining the high character of
community development and protecting the real estate within the City from the impairment or
destruction of value.
The Planning and Design Commission shall, in addition to such standards and criteria as
may be provided by ordinance, consider and apply the following standards and criteria in its
review of development proposals in the City for the purpose of maintaining the high character of
community development and protecting real estate within the City from impairment or destruction
of value:
(1)
Materials - shall be appropriate for the use of building, for weathering, and
for relationship to other materials including those used on adjacent
buildings.
(2)
Colors and Textures - shall be appropriate for the size and scale of the
building, for weathering, and for relationship to the site and adjacent
buildings.
(3)
Architectural Details and Ornaments - shall be meaningful to the overall
once design, and appropriate for the size and scale of the building, and for
weathering.
(4)
Mechanical Equipment - shall be considered as it affects rooftop
appearance, sidewall openings, sound levels, smoke and other nuisance
aspects. Also mechanical equipment shall be considered as it relates to
overhead wires, gas and electric meter stations and any other visible
appurtenances.
(5)
Approaches, Drives and Parking Areas - shall be considered as they affect
the appearance from the street and from the site as well. The relationship
of paving to the building shall be appropriate considering factors such as
safety, drainage and landscaping.
(6)
Landscaping - shall be appropriate for the size and use of the area, and for
its relationship to building, street, parking area, walks and adjacent
buildings.
(7)
Lighting - shall be considered for the appropriateness of nighttime
illumination of the grounds, drives, walks, parking area, the building, and
its effect upon surrounding areas.
(8)
Signs - shall be considered for appropriateness of size, scale, shape, color
and illumination in relation to building and site.
2010 Replacement
23
CHARTER
Art. VII, §3
The Planning and Design Commission shall also have power to recommend to the Parks
and Recreation Commission proposals for the use, utilization and beautification of the dedicated
parks, other parks, parkways, playgrounds and any and all recreational areas owned or controlled
by the City, provided only that said recommendation shall not be inconsistent with other provisions
of this Charter.
The Planning and Design Commission shall have such other duties and powers as may be
provided by ordinance of Council.
(c)
Funds: A sufficient sum shall be appropriated by the Council each year to carry
out the planning provisions of this Charter.
(d)
Mandatory Referral. No public building, street, boulevard, dedicated park, other
park, parkway, playground, harbor, dock, wharf, bridge, tunnel, or publicly or privately owned
utility or part thereof shall be constructed or authorized to be constructed in the City nor shall any
street, avenue, dedicated park, other park, parkway, playground or public recreational area,
boulevard or alley be widened, narrowed, relocated, vacated, or its use changed, or any
ordinances referring to zoning or other regulations controlling the use or development of land be
passed, unless and until it shall have been submitted to the Planning and Design Commission for
report and recommendation. Any matter so referred to the Planning and Design Commission shall
be acted upon by it within sixty (60) days from the date of reference unless a longer time be
allowed by Council. If the Planning and Design Commission shall fail to act within the time
allotted, it shall be deemed to have approved such matter. Any provision of any ordinance,
resolution, or order disapproved by formal action of the Planning and Design Commission shall
require a majority plus one vote of all members elected to Council for adoption or authorization.
No ordinance referring to zoning or other regulations controlling the use or development of land
as provided herein shall be passed unless a minimum public notice of thirty days has been provided
in a newspaper of general circulation in the city.
(Amended 11-2-93; 11-2-99; 11-3-09)
SECTION 3. PARKS AND RECREATION COMMISSION.
(a)
Membership. The Parks and Recreation Commission shall consist of five (5)
members, to be appointed as herein provided:
(1)
One (1) member shall be a member of the Board of Education of the
Fairview Park City School District and shall be appointed by such Board of
Education for a term of two (2) years.
(2)
One (1) member shall be a member of the City Council and shall be
appointed by such Council for a term of two (2) years.
(3)
Three (3) members shall be qualified electors of the City not holding other
office, appointment or employment in the government of the City or of the
School District to be appointed by the Mayor for a term of five years. The
term for the present members of the Commission shall expire on the 31st
day of December of the years 1991, 1992 and 1993.
(4)
A vacancy occurring during the term of any member shall be filled for the
unexpired term in the same manner as that member's original appointment.
(5)
All members of the Parks and Recreation Commission shall serve without
compensation. (Amended 11-6-90.)
2010 Replacement
Art. VII, §4
CHARTER
24
(b)
Duties and Powers. In addition to any powers which may be provided by ordinance
of Council, and exclusive thereof, the Parks and Recreation Commission shall have these
independent powers and duties: It shall be the function and duty of the Parks and Recreation
Commission as to all dedicated parks, other parks, parkways, playgrounds and public recreation
areas, improved or unimproved, whether owned or under the control of the City, to initiate and
make periodic recommendations to the Administration as to each and all of such public places,
concerning their nature, function, use, utilization, maintenance, beautification, control, regulation,
acquisition, sale or other alienation, or their rental or lease.
(c)
Mandatory Referral. No ordinance or resolution concerning the nature, function,
use, utilization, maintenance, beautification, control, sale or other alienation, or the rental or lease
in excess of one (1) year, of dedicated parks, other parks, parkways, playgrounds, or public
recreation areas, or any part of any such dedicated park or other public place, whether improved
or unimproved, and whether owned by the City or controlled by the City, as provided for in
Section 15 of Article IV hereof, shall be passed, unless and until the matter shall have been
submitted to the Parks and Recreation Commission for report and recommendation. Any matter
so referred to the Parks and Recreation Commission shall be acted upon by it within sixty (60)
days from the date of referral unless a longer time be allowed by Council; however, in certain
matters not requiring referral to the electorate, where the Council has found an emergency
measure is required, Council may, under the provisions of Article IV, Section 15(c) call for a
meeting of said Commission within any period of time reasonable under the circumstances of the
emergency and obtain prompt approval or disapproval of the proposed emergency measure. If the
Parks and Recreation Commission shall fail to act within the time allotted, it shall be deemed to
have approved such matter. If any provision of such ordinance or resolution is approved by formal
action of the Parks and Recreation Commission, the adoption of such ordinance or resolution shall
require a majority plus one affirmative vote of all members elected to Council for adoption or
authorization. (Amended 5-5-70; 11-3-09.)
SECTION 4. THE BOARD OF CONTROL.
The Mayor, a member of Council eligible to vote selected by the Council, and the directors
of the several departments, established either by this Charter or by ordinance, shall constitute a
Board of Control. The Mayor shall be ex-officio president and shall appoint a secretary. The
Board shall keep a journal of its proceedings. The voting shall be taken by yeas and nays and
entered in the journal, and the vote of a majority of all of the members of the Board shall be
necessary to adopt any question, motion, or order. All meetings of the Board shall be open to the
public. The maximum amount of any contract which shall be entered into without the prior
approval of the Board of Control shall not exceed the limitations set by State law. The Board shall
have such further powers and perform such further duties as shall be prescribed by ordinance.
(Amended 11-4-69.)
2010 Replacement
25
CHARTER
Art. VIII, §4
SECTION 6. ARCHITECTURAL BOARD OF REVIEW.
(EDITOR’S NOTE: This section was repealed by the electors on November 2, 1993.)
ARTICLE VIII
FINANCES
SECTION 1. ANNUAL ESTIMATE.
The fiscal year of this City shall, unless Council by proper action adopts a different date,
be the same as that established from time to time for cities by the general law of Ohio. Within
forty-five (45) days after the beginning of each fiscal year, the Mayor, with the assistance of the
Director of Finance, shall prepare and submit to the Council an estimate of the revenues and
expenditures of the City for the current fiscal year. Such estimate shall be compiled from
information which shall be furnished by the head of each department, division, board or
commission in such form and detail as the Mayor may require.
SECTION 2. APPROPRIATION ORDINANCE.
The Mayor shall furnish to the Council, with the estimate hereinbefore mentioned, an
ordinance making appropriations for the expenditures of the City during the year embraced by said
estimate. The Council shall adopt such ordinance in its original form or with such revisions as it
may deem proper within ninety (90) days after the receipt of a Certificate of Resources from the
County Auditor or from the beginning of the fiscal year, whichever shall last occur. The Council
may amend or supplement said appropriation ordinance after its passage. Council may make one
or more preliminary appropriations for current expenses until the annual appropriation ordinance
is in effect.
SECTION 3. TRANSFERS AND BALANCES.
The Council may transfer any part of an unencumbered balance of an appropriation of any
fund allowed by law to any purpose or object for which the appropriation for the current year has
proven insufficient, except that no transfer shall be of monies raised or appropriated for the
payment of any bond or note of the City until all indebtedness, interest and other obligations which
must lawfully be paid from such monies has been paid.
SECTION 4. PAYMENT OF CLAIMS.
No money shall be drawn from the treasury nor shall an obligation for expenditure be
incurred except in accordance with appropriations made by Council. Claims shall be approved in
writing by the head or acting head of the department for which the obligation was incurred. The
Council may by ordinance provide for additional regulations or controls with respect to the
payment of claims.
2010 Replacement
Art. VIII, §5
CHARTER
26
SECTION 5. CUSTODY AND DEPOSIT OF FUNDS.
The Council shall by Ordinance provide for the custody of all funds of the City and for the
deposit of funds in a bank or banks. All funds received on behalf of the City by any officer,
employee or agent thereof shall be promptly paid over to the Director of Finance and by him
promptly placed in a depository bank, but the Council may authorize such sums as it deems proper
to be kept in cash for the daily operation of any department or office. The Director of Finance
shall invest monies of the City in bonds or notes of this City, or any other investment permitted
by law, in such manner as is now or hereafter authorized by general law for such investment by
cities. (Amended 11-4-69.)
SECTION 6. PUBLIC BIDDING.
The Council may authorize expenditures of the funds of the City in amounts exceeding that
amount in Ohio Revised Code Chapter 735 for public bidding without public biddings, for the
acquisition of real estate, for the discharge of non-contractual claims against the City, for personal
services, for the joint use of facilities or exercise of powers with other political subdivision, or for
the product or services of public utilities (including those municipally operated), but no other
expenditures of more than that amount in Ohio Revised Code Chapter 735 for public bidding shall
be made except pursuant to contract made with the lowest and best bidder after public advertising
and receipt of bids in the manner provided by ordinance.
No expenditure of more than fifteen thousand dollars ($15,000.00) shall be made, whether
by public bid or otherwise, unless approved by ordinance of Council.
(Amended 11-7-95; 11-2-99; 11-3-09)
SECTION 7. PUBLIC IMPROVEMENTS.
Public improvements of all kinds may be made by the appropriate department either by the
direct employment of the necessary labor and purchase of supplies and materials, with a separate
account as to each improvement so made, or by contract let as provided in the preceding section
either for a closed price or upon a unit basis.
SECTION 8. TAXATION.
(a)
The aggregate amount of taxes that may be levied by the Council without a vote of
the people on property in the City assessed and listed for taxation according to value shall not
exceed in any one year the sum of (i) the amount of taxes which the Council is now or hereafter
authorized to levy under the Constitution of laws of the State of Ohio, plus (ii) the amounts of
taxes which may be levied by the Council pursuant to paragraphs (b) and (c) of this Section 8. All
taxes levied pursuant to paragraphs (b) and (c) of this Section 8 shall be outside of all limitations
now or hereafter provided by the Constitution of the State of Ohio.
2010 Replacement
27
CHARTER
Art. VIII, §9
(b)
The Council may, by a majority plus one affirmative vote of the members elected
to Council, without a vote of the people, levy annually taxes for the current operating expenses
of the City, commencing with a levy on the 1959 tax duplicate for collection in 1960, at the rate
of not over five (5) mills per dollar of valuation in said City as listed and assessed for taxation
according to value.
(c)
The Council may, by a majority plus one affirmative vote of the members elected
to Council, levy annually, commencing with a levy on the 1994 tax list and duplicate for
collection in calendar year 1995, a tax at a rate of not over nine-tenths (.9) of one mill per dollar
of valuation on all property in the City as listed and assessed for (i) acquiring, constructing,
reconstructing, rehabilitating, renovating, remodeling, adding to, enlarging, installing, equipping
and improving municipal buildings and facilities and their sites; and (ii) costs of acquiring
equipping, rehabilitating, renovating and otherwise improving fire apparatus and equipment for
the City's Division of Fire; and (iii) costs of acquiring, equipping, rehabilitating, renovating and
otherwise improving alarm and other communications for the City's Division of Fire and Division
of Police; and (iv) costs of acquiring new motor vehicles for use in providing City services and
performing City functions; and (v) debt charges on general obligation bonds and bond anticipation
notes issued to pay costs of improvements identified in clauses (i) through (iv) of this paragraph.
All such permanent improvements shall have an estimated life or period of usefulness of at least
five years as certified by the Director of Finance. (Amended 5-3-94; 11-3-09.)
(d)
Council may, by a majority plus one affirmative vote of the members elected to
Council, levy annually, commencing with a levy on the 1996 tax list and duplicate for collection
in calendar year 1997, a tax at a rate of not to exceed one (1) mill per dollar of valuation on all
property in the City as listed and assessed for municipal recreational programs, including the
purchase of equipment, the payment of salaries and benefits in the City Recreation Department,
for the construction, acquisition, operation and maintenance of gymnasiums, indoor recreation
centers and community centers to be owned and operated by the City, and the equipment therefore,
for the extension, enlargement, improvement, operation and maintenance of existing land,
facilities, buildings and structures belonging to or operated by the City and used for parks,
playgrounds, play fields, gymnasiums, indoor recreation centers and community centers, and the
equipment therefore, and for the debt charges on general obligation bonds and bond anticipation
notes issued to pay the cost of the improvements specified herein.
(Added November 5, 1996; 11-3-09.)
SECTION 9. SUBMISSION OF EXTRA LEVY.
The Council may at any time at least sixty (60) days prior to a November election, or the
date of the special election designated in the resolution herein provided, declare by resolution,
adopted by a vote of a majority plus one of the members elected to Council, that the amount of
taxes which may be raised within the limitations of this Charter will be insufficient to provide an
adequate amount for the necessary requirements of the City for current operating expenses, and
other expenses payable from the general fund of the City, and such permanent improvements and
equipment as shall have an estimated useful life of five (5) years or more, and that it is necessary
to levy taxes in excess of such limitations, in addition to the levies authorized and limited by this
Charter, for the municipal purpose or purposes specified in such resolution. Such resolution shall
specify the additional sum which it is necessary to levy, the purpose or purposes thereof, the
2010 Replacement
Art. VIII, §10
CHARTER
28
additional rate estimated to be required therefor and the date of any proposed election thereon.
Such resolution shall be effective upon its adoption and shall be certified within five (5) days
thereafter to the election authorities, who shall place such question upon the ballot at the next
succeeding November election or at such special election specified in the resolution. If a majority
of those voting thereon vote for the approval of such additional levy, the Council shall immediately
make such levy, or such part thereof as it finds necessary, pursuant to such approval and certify
the same to the County Auditor, to be placed on the tax list and collected as other taxes.
The authority of the Council to submit additional levies to a vote of the people or to levy
taxes upon such other subjects and for such other purposes as may be lawful under the Constitution
or laws of this State shall not be deemed impaired or abridged by reason of any provision in this
Charter contained.
SECTION 10. DEBT LIMITATION.
The net indebtedness of the City created or incurred without a vote of the electors shall
never exceed the debt limitation as prescribed by State law which will be on the total value of all
property in the City as listed and assessed for taxation. As used in this section, the term net
indebtedness shall have the same meaning and shall be calculated in the manner provided by the
laws of the State of Ohio, as the same may be amended from time to time, for the issuance of
notice and bonds of municipal corporations.
(Amended 11-4-69.)
ARTICLE IX
NOMINATIONS AND ELECTIONS
SECTION 1. MUNICIPAL ELECTIONS.
A general election for the choice of elective officers provided for in this Charter shall be
held on the first Tuesday after the first Monday in November in odd numbered years. Elections
so held shall be known as regular municipal elections. Such other elections shall be held as may
be required by law, or provided for in this Charter.
(Amended 11-6-79.)
SECTION 2. NOMINATIONS.
Each petition for the nomination of a candidate for the office of Mayor shall be signed by
not fewer than one hundred (100) electors of the municipality. Each petition for the nomination
of a candidate for an office, other than that of Mayor, filled by election at large shall be signed
by not fewer than twenty-five (25) electors of the municipality. Each petition for the nomination
of a candidate for an office filled by election from a ward shall be signed by not fewer than ten
(10) electors from such ward. (Amended 11-6-79.)
SECTION 3. PRIMARY ELECTION.
Candidates for all offices to be voted for at any municipal election under the provisions of
this Charter shall be nominated at a non-partisan primary election to be held on the second
Tuesday in September.
The number of candidates for the office of Mayor, President of Council and Ward
Councilmen at any regular municipal election in the City shall be the two candidates on the
primary election ballot receiving the highest number of votes at the primary election. The number
of candidates for the office of Council-at-large at any regular municipal election in the City shall
be the two (2) candidates on the primary election ballot receiving the highest number of votes at
the primary election.
2010 Replacement
29
CHARTER
Art. X, §1
In case there shall not be more than two persons who shall have filed petitions for the office
of Mayor, President of Council and Ward Councilmen as provided for in this Charter, then said
persons shall be the candidates at the regular municipal election and the primary for the particular
office shall not be held. In case there shall not be more than six (6) persons who shall have filed
petitions for the office of Council-at-large as provided for in this Charter, then said persons shall
be the candidates at the regular Municipal election and the primary for the particular office shall
not be held.
Anyone who has not filed a petition for this primary election shall be ineligible as a
candidate in the regular municipal election. (Amended 11-6-79; 11-4-08; 11-3-09.)
SECTION 4. ELECTIONS.
The regular municipal election shall be held on the first (1st) Tuesday after the first (1st)
Monday in November of odd numbered years, commencing in 1977, for the Mayor, the President
of Council and all members of Council.
Council may, by resolution order a special election to be held at any time, the purpose and
date of which shall be set forth in the resolution, to be conducted in the manner provided by law.
Except as otherwise noted in the Charter, the laws of Ohio applicable to election shall govern.
(Amended 11-6-79.)
SECTION 5. GENERAL PROVISIONS.
Where no special provision is made in this Charter governing general, or special elections,
registration and the conduct of such elections the provisions of the general law of the State of Ohio
shall control. (Added 11-6-79.)
ARTICLE X
INITIATIVE, REFERENDUM, RECALL
SECTION 1. INITIATIVE.
The electors shall have the power to propose any ordinance or resolution except an
ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same
at the polls, such power being known as the initiative. An initiated ordinance or resolution shall
be submitted to Council by a petition signed by at least ten percent (10%) of the electors voting
at the last Regular Municipal Election. When so submitted, the Clerk of the Council shall
determine the sufficiency and if sufficient the Council shall take final action, either enacting,
amending, or rejecting the proposed ordinance, within forty (40) days after submission. If Council
fails to pass such proposed ordinance or resolution or passes it in some form different from that
set forth in the petition therefor, the petitioners through the committee named on such petition may
be the next regular meeting of Council request in writing that it be submitted to a vote of the
electors. Thereupon, Council shall provide for submitting the petitioned ordinance or resolution
to the electors at the next general or Regular Municipal Election occurring more than ninety (90)
days after the filing of such petition, but if such petition is signed by at least twenty percent (20%)
of such electors, the date of the election may be fixed therein, which may be a special election to
be held at any time more than ninety (90) days after the filing of such petition.
2010 Replacement
Art. X, §2
CHARTER
30
SECTION 2. REFERENDUM.
(a)
The electors of this Municipality shall have the power to approve or reject at the
polls any ordinance, resolution, or other action passed or adopted by the Council, whether
legislative or administrative in nature, except as hereinafter provided.
Within forty (40) days after the final passage by Council or approval by the Mayor,
whichever is later, of an ordinance, resolution, or other action, whether legislative or
administrative in nature, a petition, signed by at least that number of electors which equals ten
percent (10%) of the electors voting at the last preceding general Municipal election, may be filed
with the Clerk of Council, requesting that such ordinance, resolution or other action, whether
legislative or administrative in nature, be either repealed or submitted to a vote of the electors. If
said petition is signed by that number of electors which equals twenty percent (20%) or more of
such electors, the date of the election may be fixed therein, which shall be not less than ninety (90)
days from the time of filing thereof. When said petition is filed, the Clerk shall first ascertain the
sufficiency of the petition and if found sufficient, the Council shall thereupon, within thirty (30)
days of the filing of such petition, reconsider such ordinance, resolution or other action. If, upon
such reconsideration, the ordinance, resolution or other action is not repealed, the Council shall
submit it to a vote of the electors on the date fixed in the petition or, if no date be so fixed, at the
first general election in any year occurring more than ninety (90) days after the filing of such
petition. No such ordinance, resolution or other action shall go into effect until approved by a
majority of those voting thereon.
Ordinances and resolutions providing for a tax levy or for improvements petitioned for by
the owners of a majority of the front footage of the property benefited and to be specially assessed
therefor, and appropriation ordinances and resolutions limited to the subject of appropriations shall
not be subject to referendum. Further, whenever the Council is required to pass more than one
ordinance, resolution or other action necessary to complete the financing and assessment of the
cost of any public improvement previously finally approved, only the first resolution, ordinance
or other action relating to said financing and assessment shall be subject to referendum, and any
subsequent resolution, ordinance or other action relating to the financing and assessment of the
cots of said public improvement as previously finally approved shall not be subject to referendum.
If, when submitted to a vote of the electors, an emergency ordinance, resolution or other
action be not approved by a majority of those voting thereon, it shall be considered repealed as
regards any further action thereunder, but such ordinance, resolution or other action shall be
deemed sufficient authority for payment, in accordance with the ordinance, of any costs or expense
actually incurred previous to the referendum vote thereon, but not for any in future costs or
expenses allegedly incurred or obligated with respect thereto.
(b)
Each contract, consent agreement, compact or other means by which the City of
Fairview Park cooperates with, is or becomes a member of any type of, or contributes to the
operation, in any way, of any other governmental unit, agency or association, including a regional
government or agency or group of governmental units, shall be terminable by the people at any
time by a referendum as provided in Article X, Section 2 (a) and in no future obligations with
respect thereto shall be binding upon City or its citizens if said referendum passes.
2010 Replacement
31
CHARTER
Art. XI
(c)
All ordinances, resolutions, proclamations, motions, and Charter provisions
inconsistent with this section are hereby repealed.
(d)
This section shall be severable and if any subsection, part, word or application
thereof is held invalid for any reason, such holding, shall not invalidate or affect the force and
effect of any other subsection, part, word or application thereof.
(Amended 11-4-75.)
SECTION 3. RECALL.
Electors shall have the power to remove from office by recall election, any elected official
of the City. After an elected official has served six months of his term, a petition demanding his
recall and removal, may be filed with the Clerk of Council. Such petition shall be signed by at
least twenty-five percent (25%) of the total electors voting at the last preceding Regular Municipal
Election, provided, however, the petition for recall of a councilperson elected from a ward shall
be signed by at least that number of electors of the councilperson's ward equal to twenty-five
percent (25%) in number of the electors of such ward who voted at the last preceding regular
Municipal Election. If the Clerk shall find the petition sufficient he shall promptly so certify to the
Council, shall deliver a copy of such certificate to the official whose removal is sought and make
a record of such delivery. If such official shall not resign within five (5) days after the day on
which such delivery shall have been made, the Council shall fix a day for holding a recall election
not less than thirty (30) days, nor more than forty-five (45) days from the date of delivery. If a
majority of the votes cast shall be voted affirmatively, such official shall remain in office. If a
majority of the votes cast shall be voted negatively, such official shall be considered as removed,
his office shall be deemed vacant and such vacancy shall be filled as provided in this Charter. The
official removed by such recall election shall not be eligible for appointment to the vacancy created
thereby. (Amended 11-5-91.)
SECTION 4. GENERAL PROVISIONS.
The manner of signing, the method of circulating, the form and requirements as to the
affidavit, and the other requirements of the general law regulating initiative and referendum
petitions, shall apply in the case in initiative, referendum and recall in this City, except as
otherwise provided in this Charter.
ARTICLE XI
FRANCHISE
The Council may by ordinance grant a non-exclusive franchise to any person, firm or
corporation to construct or operate a public utility on, across, under, over or above any public
street or real estate within the City for a period not in excess of twenty-five (25) years; and it may
prescribe in the ordinance the kind or quality of service or product to be furnished, the rate or
rates to be charged therefor, and such other terms as Council shall deem conducive to the public
interest. Such franchise may be amended or renewed in the manner and subject to the provisions
established by this Charter for original grants. No consent of the owner of property abutting on
any public street or real estate shall be necessary to the effectiveness of any such grant,
amendment or renewal.
2010 Replacement
Art. XII
CHARTER
32
All such grants, amendments and renewals shall be made subject to the continuing right
of the Council to provide reasonable regulations for the operation of such utilities with reference
to such streets and public real estate, including the right to require such reconstruction, relocation,
alteration or removal of structures and equipment used in such streets or public realty as shall, in
the opinion of Council, be necessary in the public interest.
ARTICLE XII
AMENDMENTS TO CHARTER
This Charter may be amended by either of two methods. The Council may, by an
affirmative vote of at least a majority plus one of its members, submit to the electors any proposed
amendment or amendments to this Charter; or upon petition signed by not less than ten percent
(10%) of the registered electors of the City setting forth any proposed amendment or amendments
to this Charter, the Council shall forthwith submit such proposed amendment or amendments to
the electors in accordance, in each instance, with the provisions of the Constitution and laws of
Ohio now or hereafter in effect. The Council shall determine the manner of submission of any
proposed amendment or amendments to the electors to the extent that such submission is not
governed by this Charter or the Constitution or the laws of the State of Ohio.
If any such proposed amendment or amendments shall be approved by a majority of the
electors voting thereon, it or they shall become a part of this Charter; except that if two (2) or
more inconsistent proposed amendments on the same subject shall be submitted at the same
election, only the one of such amendments receiving the largest affirmative vote, not less than a
majority, shall become a part of the Charter.
ARTICLE XIII
GENERAL PROVISIONS
SECTION 1. EFFECTIVE DATE OF CHARTER.
For the purpose of nominating and electing officers of this City and fixing the
compensation of those to be elected in 1959, this Charter shall be in effect from and after the date
of its approval by the electors and for all other purposes the Charter shall be in effect on and after
the first day of January, 1959.
SECTION 2. SAVING CLAUSE.
The determination that any part of this Charter is invalid shall not invalidate or impair the
force or effect of any other part hereof except to the extent that such other part is wholly
dependent for its operation upon the part declared invalid.
2010 Replacement
33
CHARTER
Art. XIV
SECTION 3. EFFECT OF THE CHARTER UPON EXISTING LAWS AND RIGHTS.
The adoption of this Charter shall not affect any pre-existing rights of the City, or any right
or liability or pending suit or prosecution, either on behalf of or against the City or any officer
thereof, nor any franchise granted by the City, nor pending proceedings for the authorization of
public improvements or the levy of assessments therefor. Except as a contrary intent appears
herein, all acts of the Council of the City shall continue in effect until lawfully amended or
repealed.
SECTION 4. INTERPRETATION OF THE CHARTER.
The Article and Section headings herein have been inserted for convenient reference and
are not intended to define or limit the scope of, or otherwise affect any provision of this Charter.
SECTION 5. GENDER NEUTRAL.
Whenever the male gender is used in this Charter it shall include the female gender.
(Added 11-3-09.)
ARTICLE XIV
CHARTER REVIEW COMMISSION
On August 15, 1988, and each ten (10) years thereafter, the Mayor shall appoint a
Commission of nine (9) qualified electors of the City holding no other office or appointment in this
City, as members of a Charter Review Commission. The Mayor shall also appoint a Secretary to
the Charter Review Commission who shall record the proceedings of the meetings and serve in
any other secretarial capacity. Sufficient funds should be appropriated by Council for the
compensation of the Secretary and other expenses of the Charter Review Commission. The
appointees to such Commission shall be approved by Council. Such Commission shall review the
City Charter, and within nine (9) calendar months after such appointment, recommend to Council
such alterations, revisions and amendments, if any, to this Charter as in its judgment are desirable.
The Council shall review the recommendations of the Charter Review Commission and approve
or disapprove each individual recommendation. The Council thereafter shall submit to the electors
any such proposed alterations, revisions, or amendments of this Charter it has approved by an
affirmative vote of at least a majority plus one of its members pursuant to Article XII of this
Charter at the next General Election.
The members appointed to said Commission shall serve without compensation. Meetings
of the Charter Review Commission shall be open to the public.
(Amended 11-6-90; 11-3-09.)
2010 Replacement
Art. XV
CHARTER
34
ARTICLE XV
EXECUTIVE SESSIONS
Notwithstanding any other provision of this Charter, all meetings, whether regular or
special, of the Council, and of all boards, commissions and other public bodies whether established
by ordinance or resolution of Council, by administrative action, or by this Charter, as well as any
committee of any of the foregoing, shall be open to the public except that an executive session may
be held, in compliance with State statutes, after Council, the board, the commission, or other
public body determines, by a roll call vote in a meeting open to the public to hold such executive
session for the sole purpose of the consideration of any of the following matters:
(1)
To consider the appointment, employment, dismissal, discipline,
promotion, demotion, or compensation of a public employee or official, or
the investigation of charges or complaints against a public employee,
official, licensee, or regulated individual, unless the public employee,
official, licensee, or regulated individual requests a public hearing. Except
as otherwise provided by law, no public body shall hold an executive
session for the discipline of an elected official for conduct related to the
performance of his official duties or for his removal from office. If a public
body holds an executive session pursuant to division (1) of this section, the
motion and vote to hold that executive session shall state which one or more
of the approved purposes listed in division (1) of this section are the
purposes for which the executive session is to be held, but need not include
the name of any person to be considered at the meeting.
(2)
To consider the purchase of property for public purposes, or for the sale of
property at competitive bidding, if premature disclosure of information
would give an unfair competitive or bargaining advantage to a person whose
personal, private interest is adverse to the general public interest. No
member of a public body shall use this division as a subterfuge for
providing covert information to prospective buyers or sellers. A purchase
or sale of public property is void if the seller or buyer of the public
property has received covert information from a member of a public body
that has not been disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers. If the minutes
of the public body show that all meetings and deliberations of the public
body have been conducted in compliance with this section, any instrument
executed by the public body purporting to convey, lease, or otherwise
dispose of any right, title, or interest in any public property shall be
conclusively presumed to have been executed in compliance with this
section insofar as title or other interest of any bona fide purchasers, lessees,
or transferees of the property is concerned.
2010 Replacement
35
CHARTER
(3)
(4)
(5)
(6)
Art. XV
Conferences with an attorney for the public body concerning disputes
involving the public body that are the subject to pending or imminent court
action;
Preparing for, conducting, or reviewing negotiations or bargaining sessions
with public employees concerning their compensation or other terms and
conditions of their employment;
Matters required to be kept confidential by Federal law or rules or State
statutes;
Specialized details of security arrangements where disclosure of the matters
discussed might reveal information that could be used for the purpose of
committing, or avoiding prosecution for, a violation of the law. If a public
body holds an executive session to consider any of the matters listed in
divisions (2) to (6) of this section, the motion and vote to hold that
executive session shall state which one or more of the approved matters
listed in those divisions are to be considered at the executive session.
(Added 11-5-91.)
2010 Replacement
CODIFIED ORDINANCES OF FAIRVIEW PARK
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
Chap. 101. Codified Ordinances.
Chap. 103. Official Standards.
Chap. 105. Wards and Boundaries.
Chap. 106. Elections.
Chap. 107. Continuity of Government.
Chap. 109. Conflict of Interest.
Chap. 110. Open Meetings.
TITLE THREE - Legislative
Chap. 111. Council.
Chap. 113. Ordinances, Resolutions and Contracts.
TITLE FIVE - Administration
Chap. 121. Mayor.
Chap. 123. Department of Law.
Chap. 125. Department of Finance.
Chap. 127. Department of Public Service and Development.
Chap. 129. Police Department.
Chap. 131. Fire Department.
Chap. 133. Division of Building.
Chap. 135. Parks and Recreation Commission.
Chap. 136. Department of Recreation.
Chap. 137. Planning and Design Commission.
Chap. 141. Civil Service Commission.
Chap. 143. Employment Provisions.
Chap. 147. Senior Life Office.
Chap. 149. Fairview Park Youth Commission.
Chap. 150. Shade Tree Advisory Committee.
Chap. 151. Residential Child Day Care Services
Resource Registry.
Chap. 153. Airport Environmental Commission.
TITLE SEVEN - Taxation
Chap. 171. Admissions Tax.
Chap. 173. Income Tax.
Chap. 175. Motor Vehicle License Tax.
2009 Replacement
3
CODIFIED ORDINANCES OF FAIRVIEW PARK
PART ONE - ADMINISTRATIVE CODE
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
TITLE ONE - General Provisions
101. Codified Ordinances.
103. Official Standards.
105. Wards and Boundaries.
106. Elections.
107. Continuity of Government.
109. Conflict of Interest.
110. Open Meetings.
CHAPTER 101
Codified Ordinances
101.01
101.02
101.03
101.04
Designation; citation; headings.
General definitions.
Rules of construction.
Revivor; effect of amendment
or repeal.
101.05 Construction of section
references.
101.06 Conflicting provisions.
101.07 Determination of legislative
intent.
101.08 Severability.
101.99 General penalty.
CROSS REFERENCES
See sectional histories for similar State law
Codification in book form - see Ohio R.C. 731.23
Imprisonment until fine and costs are paid - see Ohio R.C.
1905.30, 2947.20
Standard of time - see Ohio R.C. 1. 04
Ordinances and resolutions - see ADM. Ch. 113
Rules of construction for offenses and penalties - see GEN. OFF.
501.04
Statute of limitations on prosecutions - see GEN. OFF. 501.06
2009 Replacement
101.01
ADMINISTRATIVE CODE
4
101.01 DESIGNATION; CITATION; HEADINGS.
(a)
All ordinances of a permanent and general nature of the Municipality as revised,
codified, rearranged, renumbered and consolidated into component codes, titles, chapters and
sections shall be known and designated as the Codified Ordinances of Fairview Park, 1996, for
which designation "Codified Ordinances" may be substituted. Code, title, chapter and section
headings do not constitute any part of the law as contained in the Codified Ordinances.
(ORC 1.01)
(b)
All references to codes, titles, chapters and sections are to such components of the
Codified Ordinances unless otherwise specified. Any component code may be referred to and cited
by its name, such as the "Traffic Code". Sections may be referred to and cited by the designation
"Section" followed by the number, such as "Section 101.01".
101.02 GENERAL DEFINITIONS.
As used in the Codified Ordinances, unless another definition is provided or the context
otherwise requires:
(a)
"And" may be read "or", and "or" may be read "and", if the sense requires it.
(ORC 1.02 (F))
(b)
"Another" when used to designate the owner of property which is the subject of an
offense, includes not only natural persons but also every other owner of property.
(ORC 1.02 (B))
(c)
"Bond" includes an undertaking and "undertaking" includes a bond.
(ORC 1.02 (D), (E))
(d)
"Council" means the legislative authority of the Municipality.
(e)
"County" means Cuyahoga County, Ohio.
(f)
"Keeper" or "proprietor" includes all persons, whether acting by themselves or as
a servant, agent or employee.
(g)
"Land" or "real estate" includes rights and easements of an incorporeal nature.
(ORC 701.01(F))
(h)
"Municipality" or "City" means the City of Fairview Park, Ohio.
(i)
"Oath" includes affirmation and "swear" includes affirm. (ORC 1.59(B))
(j)
"Owner", when applied to property, includes any part owner, joint owner or tenant
in common of the whole or part of such property.
(k)
"Person" includes an individual, corporation, business trust, estate, trust,
partnership and association. (ORC 1.59(C))
(1)
"Premises", as applied to property, includes land and buildings.
(m)
"Property" means real and personal property. (ORC 1.59(E))
"Personal property" includes all property except real.
"Real property" includes lands, tenements and hereditaments.
(n)
"Public authority" includes boards of education; the Municipal, County, State or
Federal government, its officers or an agency thereof; or any duly authorized
public official.
2009 Replacement
5
Codified Ordinances
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
101.03
"Public place" includes any street, sidewalk, park, cemetery, school yard, body of
water or watercourse, public conveyance, or any other place for the sale of
merchandise, public accommodation or amusement.
"Registered mail" includes certified mail and "certified mail" includes registered
mail. (ORC 1.02(G))
"Rule" includes regulation. (ORC 1.59(F))
"Sidewalk" means that portion of the street between the curb line and the adjacent
property line intended for the use of pedestrians.
"This State" or "the State" means the State of Ohio. (ORC 1.59(G))
"Street" includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and
all other public thoroughfares within the Municipality.
"Tenant" or "occupant", as applied to premises, includes any person holding a
written or oral lease, or who actually occupies the whole or any part of such
premises, alone or with others.
"Whoever" includes all persons, natural and artificial; partners; principals, agents
and employees; and all officials, public or private. (ORC 1.02(A))
"Written" or "in writing" includes any representation of words, letters, symbols or
figures. This provision does not affect any law relating to signatures.
(ORC 1.59(J))
101.03 RULES OF CONSTRUCTION.
(a)
Common and Technical Usage. Words and phrases shall be read in context and
construed according to the rules of grammar and common usage. Words and phrases that have
acquired a technical or particular meaning, whether by legislative definition or otherwise, shall
be construed accordingly. (ORC 1.42)
(b)
Singular and Plural; Gender; Tense. As used in the Codified Ordinances, unless
the context otherwise requires:
(1)
The singular includes the plural, and the plural includes the singular.
(2)
Words of one gender include the other genders.
(3)
Words in the present tense include the future.
(ORC 1.43)
(c)
Calendar; Computation of Time.
(1)
Definitions.
A.
"Week" means seven consecutive days.
B.
"Year" means twelve consecutive months.
(ORC 1.44)
(2)
If a number of months is to be computed by counting the months from a
particular day, the period ends on the same numerical day in the concluding
month as the day of the month from which the computation is begun, unless
there are not that many days in the concluding month, in which case the
period ends on the last day of that month. (ORC 1.45)
2009 Replacement
101.04
ADMINISTRATIVE CODE
(3)
(4)
(5)
6
The time within which an act is required by law to be done shall be
computed by excluding the first and including the last day, except that when
the last day falls on Sunday or a legal holiday, then the act may be done on
the next succeeding day which is not a Sunday or a legal holiday. When a
public office, in which an act required by law is to be performed, is closed
to the public for the entire day which constitutes the last day for doing such
act or before its usual closing time on such day, then such act may be
performed on the next succeeding day which is not a Sunday or a legal
holiday. If any legal holiday falls on Sunday, the next succeeding day is a
legal holiday.
(ORC 1.14)
When legislation is to take effect or become operative from and after a day
named, no part of that day shall be included. (ORC 1.15)
In all cases where the law shall require any act to be done in a reasonable
time or reasonable notice to be given, such reasonable time or notice shall
mean such time only as may be necessary for the prompt performance of
such duty or compliance with such notice.
(d)
Authority. When the law requires an act to be done which may by law as well be
done by an agent as by the principal, such requirement shall be construed to include all such acts
when done by an authorized agent.
(e)
Joint Authority. All words purporting to give joint authority to three or more
municipal officers or other persons shall be construed as giving such authority to a majority of
such officers or other persons, unless it shall be otherwise expressly declared in the law giving the
authority or inconsistent with State statute or Charter provisions.
(f)
Exceptions. The rules of construction shall not apply to any law which shall contain
any express provision excluding such construction, or when the subject matter or context of such
law may be repugnant thereto.
101.04 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.
(a)
The repeal of a repealing ordinance does not revive the ordinance originally
repealed nor impair the effect of any saving clause therein. (ORC 1.57)
(b)
An ordinance which is re-enacted or amended is intended to be a continuation of
the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
(ORC 1.54)
(c)
The re-enactment, amendment or repeal of an ordinance does not, except as
provided in subsection (d) hereof:
(1)
Affect the prior operation of the ordinance or any prior action taken
thereunder;
(2)
Affect any validation, cure, right, privilege, obligation or liability
previously acquired, accrued, accorded or incurred "hereunder;
2009 Replacement
7
Codified Ordinances
(3)
(4)
101.06
Affect any violation thereof or penalty, forfeiture or punishment incurred
in respect thereto, prior to the amendment or repeal;
Affect any investigation, proceeding or remedy in respect of any such
privilege, obligation, liability, penalty, forfeiture or punishment; and the
investigation, proceeding or remedy may be instituted, continued or
enforced, and the penalty, forfeiture or punishment imposed, as if the
ordinance had not been repealed or amended.
(d)
If the penalty, forfeiture or punishment for any offense is reduced by a re-enactment
or amendment of an ordinance, the penalty, forfeiture or punishment, if not already imposed, shall
be imposed according to the ordinance as amended.
(ORC 1.58)
101.05 CONSTRUCTION OF SECTION REFERENCES.
(a)
A reference to any portion of the Codified Ordinances applies to all re-enactments
or amendments thereof. (ORC 1.55)
(b)
If a section refers to a series of numbers or letters, the first and the last numbers
or letters are included. (ORC 1.56)
(c)
Wherever in a penalty section reference is made to a violation of a series of sections
or of subsections of a section, such reference shall be construed to mean a violation of any section
or subsection included in such reference.
References in the Codified Ordinances to action taken or authorized under designated
sections of the Codified Ordinances include, in every case, action taken or authorized under the
applicable legislative provision which is superseded by the Codified Ordinances.
(ORC 1.23)
101.06 CONFLICTING PROVISIONS.
(a)
If there is a conflict between figures and words in expressing a number, the words
govern. (ORC 1.46)
(b)
If a general provision conflicts with a special or local provision, they shall be
construed, if possible, so that effect is given to both. If the conflict between the provisions is
irreconcilable, the special or local provision prevails as an exception to the general provision,
unless the general provision is the later adoption and the manifest intent is that the general
provision prevail. (ORC 1.51)
(c)
(1)
If ordinances enacted at different meetings of Council are irreconcilable, the
ordinance latest in date of enactment prevails.
2009 Replacement
101.07
ADMINISTRATIVE CODE
(2)
8
If amendments to the same ordinance are enacted at different meetings of
Council, one amendment without reference to another, the amendments are
to be harmonized, if possible, so that effect may be given to each. If the
amendments are substantively irreconcilable, the latest in date of enactment
prevails. The fact that a later amendment restates language deleted by an
earlier amendment, or fails to include language inserted by an earlier
amendment, does not of itself make the amendments irreconcilable.
Amendments are irreconcilable only when changes made by each cannot
reasonably be put into simultaneous operation.
(ORC 1.52)
101.07 DETERMINATION OF LEGISLATIVE INTENT.
(a)
In enacting an ordinance, it is presumed that:
(1)
Compliance with the constitutions of the State and of the United States is
intended;
(2)
The entire ordinance is intended to be effective;
(3)
A just and reasonable result is intended;
(4)
A result feasible of execution is intended. (ORC 1.47)
(b)
An ordinance is presumed to be prospective in its operation unless expressly made
retrospective. (ORC 1.48)
(c)
If an ordinance is ambiguous, the court, in determining the intention of Council may
consider among other matters:
(1)
The object sought to be attained;
(2)
The circumstances under which the ordinance was enacted;
(3)
The legislative history;
(4)
The common law or former legislative provisions, including laws upon the
same or similar subjects;
(5)
The consequences of a particular construction;
(6)
The administrative construction of the ordinance.
(ORC 1.49)
101.08 SEVERABILITY.
If any provision of a section of the Codified Ordinances or the application thereof to any
person or circumstance is held invalid, the invalidity does not affect the other provisions or
applications of the section or related sections which can be given effect without the invalid
provision or application, and to this end the provisions are severable.
(ORC 1.50)
101.99 GENERAL PENALTY.
Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is
prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the
doing of any act is required or the failure to do any act is declared to be unlawful, where no
specific penalty is otherwise provided, whoever violates any such provision shall be punished by
a fine not exceeding one hundred dollars ($100.00). A separate offense shall be deemed committed
each day during or on which a violation continues or occurs.
2009 Replacement
9
CHAPTER 103
Official Standards
103.01 Fairview Park Cemetery
declared a City landmark.
103.02 Bain Park and Cabin declared
City landmarks.
CROSS REFERENCES
State standard of time - see Ohio R.C. 1.04
State legal holidays - see Ohio R.C. 1.14, 5.20 et seq.
State flag - see Ohio R.C. 5.01
Designation of landmarks - see P. & Z. Ch. 1155
103.01 FAIRVIEW PARK CEMETERY DECLARED A CITY LANDMARK.
(a)
Effective Memorial Day 1982, the Fairview Park Cemetery shall be designated a
historical landmark.
(b)
The dedication of the Cemetery as a historical landmark shall take place on
Memorial Day 1982.
(c)
The Director of Public Service and Development shall be authorized to secure a
plaque designating the Cemetery a historical landmark.
(Ord. 82-26. Passed 4-19-82.)
103.02 BAIN PARK AND CABIN DECLARED CITY LANDMARKS.
(a)
Effective September 15, 1985, the portion of Bain Park, hereinafter described as
follows and the Bain Park Cabin shall be designated as City historical landmarks.
(1)
East boundary: from the intersection of West 210th Street and North Park
Drive south to a line drawn 10' - 0" south of the southeast corner of the
Cabin foundation, east to West 210th Street.
(2)
South boundary: from an established southeast point, as described in "A"
above, to a point due west to 10' - 0" from the southwest corner of the
Cabin and then following a line 5' - 0" from the north bank of Coe Creek
until it reaches a point 5' - 0" north from the northeast corner of the first
stone bridge west of the Cabin.
2009 Replacement
103.02
ADMINISTRATIVE CODE
(3)
(4)
10
West boundary: from the point 5' - 0" at the northeast corner of the bridge
as previously described, to a point 120' - 0" from the southerly side of the
driveway and running along the park side of North Park Drive.
North boundary: from an established point 120' - 0" from the drive, as
previously described, running along the park side of North Park Drive, to
the northeasterly point established at West 210th Street.
(b)
The dedication of Bain Park and Bain Park Cabin as City historical landmarks shall
take place on September 15, 1985.
(c)
The Director of Public Service and Development shall be authorized to secure a
plaque designating Bain Park and Bain Park Cabin as City historical landmarks.
(Ord. 85-64. Passed 9-3-85.)
2009 Replacement
11
CHAPTER 105
Wards and Boundaries
105.01 Division into five wards.
105.02 Ward 1.
105.03 Ward 2.
105.04 Ward 3.
105.05 Ward 4.
105.06 Ward 5.
CROSS REFERENCES
Name and boundaries - see CHTR. Art. I
Division into wards - see Ohio R.C. 731.06
105.01 DIVISION INTO FIVE WARDS.
The City is hereby subdivided into five wards, to be known as Wards 1, 2, 3, 4 and 5 as
provided by Ohio R.C. 731.06.
(Ord. 01-36. Passed 7-16-01.)
105.02 WARD 1.
Beginning at the intersection of the northerly corporation boundary and the centerline of
Wooster Road, (81.80870 W Longitude, 41.457492 N Latitude); thence southerly along the
centerline of Wooster Road, following the corporation boundary, to the intersection of the
centerline of Carolyn Avenue; thence westerly along the centerline of Carolyn Avenue; and a line
extended to the centerline of West 204th Street; thence southerly along the centerline of West
204th Street to the centerline of Lorain Road; thence easterly along the centerline of Lorain Road
to a point of intersection of the lot line between 20201 Lorain Road and 20123 Lorain Road
extended; thence southerly along said lot line about 600 feet to the rear line of said lot; thence
easterly along the rear lot line of about 400 feet to the westerly lot line between 20011 Lorain
Road and 20005 Lorain Road; thence northerly along said lot line to the centerline of Lorain Road;
thence easterly along the centerline of Lorain Road to the centerline of Cleveland Metro Park
Road; thence southerly along the centerline of Cleveland Metro Park Road to the centerline of
Mastick Road; thence easterly along the centerline of Mastick Road to a point on the corporation
boundary; thence northerly and easterly along the corporation boundary following the abandoned
course of the Rocky River to a point where the boundary rejoins the river; thence in a generally
northern and western direction along the corporation boundary and the course of the Rocky River
to a point at (81.832108 W Longitude, 41.464605 N Latitude); thence southerly along the
corporation boundary to the centerline of Story Road (81.831487 W, 41.459796 N); thence
westerly along the centerline of Story Road to a point at (81.832204 W, 41.459597 N); thence
southerly along the corporation boundary to a point at (81.832209 W, 41.457109 N); thence
westerly along the corporation boundary to the point of origin.
(Ord. 01-36. Passed 7-16-01.)
2015 Replacement
105.03
ADMINISTRATIVE CODE
12
105.03 WARD 2.
Beginning at the intersection of the northern corporation boundary and the centerline of
West 219th Street extended; thence southerly along the centerline of West 219th Street extended
to the centerline of Westwood Avenue; thence easterly along the centerline of Westwood Avenue
to the centerline of West 217th Street; thence southerly along the centerline of West 217th Street
to the centerline of Lorain Road; thence northeasterly along the centerline of Lorain Road to the
centerline of West 204th Street; thence northerly along the centerline of West 204th Street to
intersection with the northern corporation boundary (81.846004 W. 41.453701 N); thence westerly
along the corporation boundary to a point at (81.849133 W, 41.453849 N); thence northerly along
the corporation boundary to the centerline of Center Ridge Road (81.848959 W, 41.462909 N);
thence southwesterly along the centerline of Center Ridge Road to a point at (81.858663 W,
41.459613 N); thence southerly along the corporation boundary to a point at (81.859197 W,
41.449716 N); thence westerly along the corporation boundary to the point of origin.
(Ord. 01-36. Passed 7-16-01.)
105.04 WARD 3.
Beginning at the intersection of the centerline of Lorain Road and the centerline of West
223rd Street; thence southerly along the centerline of West 223rd Street to the centerline of
Morton Avenue; thence westerly along the centerline of Morton Avenue to the centerline of West
227th Street; thence southerly along the centerline of West 227th Street to the centerline of
Marleen Drive; thence easterly along the centerline of Marleen Drive to the centerline of Sharon
Lane; thence southwesterly along the centerline of Sharon Lane to the centerline of Sandy Lane;
thence easterly along the centerline of Sandy Lane to the centerline of West 220th Street; thence
northerly along the centerline of West 220th Street to the centerline of Cromwell Avenue; thence
easterly along the centerline of Cromwell Avenue to the centerline of West Park Drive; thence
southerly along the centerline of West Park Drive to the intersection of the centerlines of West
Park Drive, Seabury Avenue and South Park Drive; thence northerly along the centerline of South
Park Drive to the centerline of Cromwell Avenue; thence easterly along the centerline of
Cromwell Avenue to the centerline of West 213th Street; thence northerly along the centerline of
West 213th Street to the centerline of Cromwell Avenue; thence easterly along the centerline of
Cromwell Avenue to the centerline of West 210th Street; thence southerly along the centerline of
West 210th Street to the centerline of Mastick Road; thence along a line extended from West 210th
Street to a point of intersection with the southeast corporation boundary (81.853515 W, 41.430377
N); thence in an easterly direction along the corporation boundary to the centerline of the Rocky
River; thence in a northeasterly direction along the centerline of the Rocky River and the
corporation boundary to the centerline of Mastick Road; thence westerly along the centerline of
Mastick Road to the centerline of Cleveland Metro Park Road; thence northerly along the
centerline of the Cleveland Metro Park Road to the centerline of Lorain Road; thence westerly
along the centerline of Lorain Road to the westerly lot line between 20011 Lorain Road and 20005
Lorain Road; thence southerly along the said westerly line about 600 feet rear line of said lots;
thence westerly about 400 feet to the lot line between 20201 Lorain Road and 20123 Lorain Road;
thence northerly along said lot line to the centerline of Lorain Road; thence westerly along the
centerline of Lorain Road to the point of beginning. (Ord. 01-36. Passed 7-16-01.)
2001 Replacement
13
Wards and Boundaries
105.06
105.05 WARD 4.
Beginning at a point on an exterior corner of the corporation boundary located at
(81.874880 W, 41.449802 N); thence southerly along the western corporation boundary to the
centerline of Macbeth Avenue; thence easterly along the centerline of Macbeth Avenue to the
centerline of West 229th Street; thence northerly along the centerline of West 229th Street to the
centerline of Macbeth Avenue; thence easterly along the centerline of Macbeth Avenue to the
centerline of West 227th Street; thence northerly along the centerline of West 227th Street to the
centerline of Morton Avenue; thence easterly along the centerline of Morton Avenue to the
centerline of West 223rd Street; thence northerly along the centerline of West 223rd Street to the
centerline of Lorain Road; thence northeasterly along the centerline of Lorain Road to the
centerline of West 217th Street; thence northerly along the centerline of West 217th Street to the
centerline of Westwood Avenue; thence westerly along the centerline of Westwood Avenue to the
centerline of West 219th Street; thence northerly along the centerline of West 219th Street
extended to the northern corporation boundary; thence westerly along the northern corporation
boundary to the point of beginning. (Ord. 01-36. Passed 7-16-01.)
105.06 WARD 5.
Beginning at the intersection of the centerline of Macbeth Avenue and the westerly
corporation boundary; thence southerly along the corporation boundary to a point (81.875494 W,
41.417751 N) on the exterior corner on the corporation boundary; thence easterly along the
southern corporation boundary to a point in the centerline of the Brookpark Road Bridge over the
Rocky River, above the centerline of the Rocky River; thence northerly along the centerline of the
Rocky River and the corporation boundary to a point located at (81.853954 W, 41.426539); thence
northerly along the corporation boundary to a point (81.853472 W. 41.430920 N) at the
intersection of the centerlines of Mastick Road and West 210th Street; thence northerly along the
centerline of West 210th Street to the centerline of Cromwell Avenue; thence westerly along the
centerline of Cromwell Avenue to the centerline of West 213th Street; thence southerly along the
centerline of West 213th Street to the centerline of Cromwell Avenue; thence westerly along the
centerline of Cromwell Avenue to the centerline of South Park Drive; thence southerly along the
centerline of South Park Drive to the intersection of the centerlines of South Park Drive, Seabury
Avenue and West Park Drive; thence northerly along the centerline of West Park Drive to the
centerline of Cromwell Drive; thence westerly along the centerline of Cromwell Drive to the
centerline of West 220th Street; thence southerly along the centerline of West 220th Street to the
centerline of Sandy Lane; thence westerly along the centerline of Sandy Lane to the centerline of
Sharon Lane; thence northeasterly along the centerline of Sharon Lane to the centerline of Marleen
Drive; thence westerly along the centerline of Marleen Drive to the centerline of West 227th
Street; thence southerly along the centerline of West 227th Street to the centerline of Macbeth
Avenue; thence westerly along the centerline of Macbeth Avenue to the centerline of West 229th
Street; thence southerly along the centerline of West 229th Street to the centerline of Macbeth
Avenue; thence westerly along the centerline of Macbeth Avenue to the west corporation line and
the point of beginning. (Ord. 01-36. Passed 7-16-01.)
2015 Replacement
2015 Replacement
14A
CHAPTER 106
Elections
106.01 Filing deadlines.
CROSS REFERENCES
Nominations and elections - see CHTR. Art. IX
106.01 FILING DEADLINES.
Any person desiring to become a candidate for election to any office to be voted for at the
next regular municipal election shall, not later than 4:00 p.m. of the seventy-fifth (75th) day before
the day of the primary election, file with the Cuyahoga County Board of Elections a petition for
nomination as required by Article IX of the Charter of the City of Fairview Park, Ohio.
(Ord. 08-69. Passed 12-15-08.)
2015 Replacement
2015 Replacement
15
CHAPTER 107
Continuity of Government
107.01 Definitions.
107.02 Designation, status, qualifications
of successors.
107.03 Assumption of powers and
duties by successor.
107.04 Recording and effective date.
107.05 Formalities of taking office.
107.06 Quorum and vote requirements.
CROSS REFERENCES
Vacancy in office of Mayor - see CHTR. Art. III, §4
Continuity of local government in event of enemy attack - see
Ohio R.C. Ch. 161
107.01 DEFINITIONS.
As used in this chapter, unless the context otherwise clearly indicates:
(a)
"Unavailable" means either that a vacancy in office exists and there is no deputy
authorized to exercise all of the powers and discharge the duties of the office, or
that the lawful incumbent of the office, including any deputy exercising the powers
and discharging the duties of an office because of a vacancy, and his duly
authorized deputy are absent or unable, for physical, mental or legal reasons, to
exercise the powers and discharge the duties of the office.
(b)
"Attack" means any attack or series of attacks by an enemy of the United States
causing, or which may cause, substantial damage or injury to civilian property or
persons in the United States in any manner, by sabotage or by the use of bombs,
missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological
means, or other weapons or processes.
(c)
"Duly authorized deputy" means a person who is presently authorized to perform
all of the functions, exercise all of the powers and discharge all of the duties of an
office in the event the office is vacant or at such times as it lacks administration due
to the death, absence or disability of the incumbent officer.
(d)
"Emergency interim successor" means a person designated, pursuant to this
chapter, for possible temporary succession to the powers and duties, but not the
office, of a City officer in the event that such officer or any duly authorized deputy
is unavailable to exercise the powers and discharge the duties of the office.
(Ord. 62-38. Passed 5-21-62.)
2015 Replacement
107.02
ADMINISTRATIVE CODE
16
107.02 DESIGNATION, STATUS, QUALIFICATIONS OF SUCCESSORS.
(a)
Elective Officers. Within thirty days following the effective date of this section,
and thereafter within thirty days after first entering upon the duties of his office, the Mayor and
each member of Council shall, in addition to any duly authorized deputy, designate such number
of emergency interim successors to his office and specify their rank in order of succession after
any duly authorized deputy, so that there will be not less than three duly authorized deputies or
emergency interim successors, or combination thereof, for the office.
(b)
Appointive Officers. The Mayor shall, within the time specified in subsection (a)
hereof, in addition to any duly authorized deputy, designate for all appointive officers such number
of emergency interim successors to these officers and specify their rank in order of succession
after any duly authorized deputy, so that there will be not less than three duly authorized deputies
or emergency interim successors, or combination thereof, for each officer.
(c)
Review of Designations. The incumbent, in the case of those elective officers
specified in subsection (a) hereof, and the Mayor, in the case of those appointive officers specified
in subsection (b) hereof, shall review and, as necessary, promptly revise the designations of
emergency interim successors to insure that at all times there are at least three such qualified
emergency interim successors or duly authorized deputies, or any combination thereof, for each
officer specified.
(d)
Qualifications. No person shall be designated or serve as an emergency interim
successor unless he may, under the Constitution and statutes of this State and the Charter or
ordinances of this City, hold the office of the person to whose powers and duties he is designated
to succeed, but no provision of any ordinance prohibiting an officer or employee of this City from
holding another office shall be applicable to an emergency interim successor.
(e)
Status of Emergency Interim Successor. A person designated as an emergency
interim successor holds that designation at the pleasure of the designator, provided that he must
be replaced if removed. He retains this designation as emergency interim successor until replaced
by another appointed by the authorized designator.
(Ord. 62-38. Passed 5-21-62.)
107.03 ASSUMPTION OF POWERS AND DUTIES BY SUCCESSOR.
If, in the event of an attack, any officer named in subsections (a) and (b) of Section 107.02
and any duly authorized deputy is unavailable, his emergency interim successor highest in rank
in order of succession who is not unavailable shall, except for the power and duty to appoint
emergency interim successors, exercise the powers and discharge the duties of such officer. An
emergency interim successor shall exercise these powers and discharge these duties only until such
time as the lawful incumbent officer or any duly authorized deputy or an emergency interim
successor higher in rank in order of succession exercises, or resumes the exercise of, the powers
and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is
appointed to fill such vacancy or is elected and qualified as provided by law.
(Ord. 62-38. Passed 5-21-62.)
2015 Replacement
17
Continuity of Government
107.06
107.04 RECORDING AND EFFECTIVE DATE.
The name, address and rank in order of succession of each duly authorized deputy shall
be filed with the City Clerk, and each designation, replacement or change in order of succession
of an emergency interim successor shall become effective when the designator files with the City
Clerk the successor's name, address and rank in order of succession. The City Clerk shall keep
on file all such data regarding duly authorized deputies and emergency interim successors, and it
shall be open to public inspection.
(Ord. 62-38. Passed 5-21-62.)
107.05 FORMALITIES OF TAKING OFFICE.
At the time of their designation, emergency interim successors shall take such oath and do
such other things, if any, as may be required to qualify them to exercise the powers and discharge
the duties of the office to which they may succeed.
(Ord. 62-38. Passed 5-21-62.)
107.06 QUORUM AND VOTE REQUIREMENTS.
In the event of an attack, quorum requirements for Council shall be suspended, and where
the affirmative vote of a specified proportion of members for approval of an ordinance, resolution
or other action would otherwise be required, the same proportion of those voting thereon shall be
sufficient. (Ord. 62-38. Passed 5-21-62.)
2015 Replacement
2015 Replacement
19
CHAPTER 109
Conflict of Interest
109.01 Declaration of policy.
109.02 Responsibilities of public
office.
109.03 Dedicated service.
109.04 Fair and equal treatment.
109.05 Conflict of interest.
109.06 Disclosure of private
interest in legislation.
109.07 Applicability of Code.
109.08 Board of Ethics; creation,
composition and term.
109.09 Complaints, hearings and
procedure; oaths and
subpoenas.
109.99 Penalty.
CROSS REFERENCES
Unlawful interest in public contract - see GEN. OFF. 525.10
Soliciting or receiving improper compensation - see GEN. OFF. 525.11
109.01 DECLARATION OF POLICY.
The proper operation of democratic government requires that all public officials and
employees be independent, impartial and responsible to the people; that government decisions and
policy be made in proper channels of governmental structure; that public office not be used for
personal gain; and that the public have confidence in the integrity of its government. In
recognition of these goals there is hereby established this Code of Ethics for all public officials and
employees, whether elected or appointed, paid or unpaid. Accordingly, this Code shall apply to,
and regulate the conduct of, all members of Council, the Mayor, all officers and employees of the
City, and all members of any board, commission or advisory committee or council or the City,
to all of whom the phrase "officials and employees", as used in this Code, shall be deemed to
apply. The purpose of this Code is to establish ethical standards of conduct for all such officials
and employees by setting forth those acts or actions that are incompatible with the best interests
of the City. The provisions and purpose of this Code and such rules and regulations as may be
established are hereby declared to be in the best interest of the City.
(Ord. 91-13. Passed 5-6-91.)
2015 Replacement
109.02
ADMINISTRATIVE CODE
20
109.02 RESPONSIBILITIES OF PUBLIC OFFICE.
The public officials and public employees of the City are agents of public purpose and hold
office for the benefit of the public only. They are bound to uphold the Constitution and laws of
the United States, the Constitution and laws of the State of Ohio and the Charter and laws of the
City; and to carry out impartially the laws of the United States, the State of Ohio and the City and
thus foster respect for government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest shall be their primary concern. Their conduct
in their official affairs should be above reproach.
(Ord. 91-13. Passed 5-6-91.)
109.03 DEDICATED SERVICE.
All public officials and public employees of the City should be loyal to the objectives
expressed by the electorate and the programs developed to attain and maintain those objectives.
Appointive officials and employees shall adhere to the rules of work and performance established
for their positions by the appropriate authority.
Officials and employees should not exceed their authority or breach the law, or ask others
to do so, and they should work in full cooperation with other public officials and employees unless
prohibited from so doing by law or by the officially recognized confidentiality of their work.
(Ord. 91-13. Passed 5-6-91.)
109.04 FAIR AND EQUAL TREATMENT.
No official or employee of the City shall request, use or permit the use of City owned,
leased or controlled vehicles, equipment, materials or property for personal convenience or profit,
except when such services are available to the public generally or are provided as municipal policy
adopted pursuant to ordinance for the use of such official or employee in the conduct of official
business. No official or employee of the City shall grant any special consideration, treatment or
advantage to any person beyond that which is available to every other person.
(Ord. 91-13. Passed 5-6-91.)
109.05 CONFLICT OF INTEREST.
No member of Council, the Mayor or other public official or public employee of the City,
whether paid or unpaid, shall engage in any business or transaction or have a financial or personal
interest, direct or indirect, which is incompatible with the proper discharge of his official duties
in the public interest or which would tend to impair his independence of judgment or action in the
performance of his official duties, without first making a public disclosure thereof. Personal
interest, as distinguished from financial interest, includes an interest arising from blood, adoption,
guardianship or marriage or close business or political association.
Specific conflicts of interest are enumerated herein for the guidance of all public officials
and public employees:
2015 Replacement
21
Conflict of Interest
(a)
(b)
(c)
(d)
109.05
Holding, engaging in or accepting private employment or rendering services for
or on behalf of private interests where such employment or service is
incompatible with the proper discharge of the official public duties of the official
or employee or which would tend to impair the independence of judgment or
action in the performance of the official duties of the public official or public
employee.
Disclose, without appropriate authorization, any information acquired by the
public official or public employee in the course of his official duties which is
confidential because of statutory or ordinance provisions, or when clearly
designated as confidential to him when such confidential designation is warranted
because of the status of the proceedings or the circumstances under which the
information was received and preserving its confidentiality is clearly necessary to
the proper conduct of government business, or use such information to advance
the financial or private interest of the public official or public employee or others.
Solicit, receive, accept or agree to receive or accept or use or authorize the use
of the authority or influence of his office or employment to secure anything of
value or the promise or offer of anything of value for or in connection with his
public service or public employment including, but not limited to, any gift,
service, loan, gratuity, compensation, favor, thing or promise from any person,
partnership, trust, business trust, corporation or association which to the
knowledge of the public official or public employee is interested, directly or
indirectly, in any manner whatsoever in business dealings with the City or that
may tend to manifest an influence upon the public official or employee in the
proper discharge of public duties; nor shall any public official or employee grant
in the discharge of public duties any improper favor, service or thing of value.
Engage in the practice of law or represent or otherwise appear in behalf of a
person, partnership, trust, business trust, corporation or association before any
court or administrative agency in which the City is a party except on behalf of the
City as an official or employee; or volunteer opinion evidence against the interests
of the City in any litigation or proceeding in which the City is a party; or accept
a retainer or other compensation that is contingent upon a specific action by a City
agency, including Council, administrative department, division or office, board
or commission; or appear before any board, commission or other public body of
the City except in the performance of public obligations or official duties.
The provisions of this subsection (d) shall not prohibit:
(1)
An appearance at or participation by a public official or employee before
any department, division, office, board, commission or other City agency
in the discharge of his duties as such public officer or employee and
without private compensation for such appearance or participation,
including appearance or participation on behalf of constituents as a
representative of the electorate.
2015 Replacement
109.05
ADMINISTRATIVE CODE
(2)
(e)
(f)
(g)
(h)
(i)
(j)
22
An appearance at or participation by a public official or employee, on his
own behalf, or on behalf of partnership, trust, business trust, corporation,
association or business in which he is a proprietor, partner, officer or
employee before an agency of the City of which he is not a member, with
respect to a matter which is not in conflict with duties as such official or
employee of the City.
Acting, directly or indirectly, as attorney, agent, broker or employee or in any
other representative capacity on behalf of any private person, partnership, trust,
business trust, corporation or association interested, directly or indirectly, in any
manner whatsoever in any contract, work or service, or the sale or acquisition by
the City of any property, the cost of which is payable by City funds or to the
City, or, directly or indirectly, be interested in the profits of any contract, work
or service with the City or in the sale or acquisition by the City of any property,
the cost of which is payable by City funds or to the City. No official or employee
of the City shall, directly or indirectly, have any interest other than his fixed
compensation and reimbursable expenses in any expenditures of funds by the
City. A public official or employee shall not be deemed interested in any
contract, work or service, or the sale or acquisition by the City of any property,
or the profits of any contract, work or service, or the sale or acquisition by the
City of any property unless such is approved, authorized, awarded or entered into
by the public official or public employee in his official capacity.
Within one year after termination of public service or employment, no public
official or employee shall represent a client or act in a representative capacity or
accept private employment or receive private compensation for services, whether
as attorney, agent, broker or employee with respect to any matter, case,
proceeding, application, determination, issue or question in which he personally
participated through decision, approval, disapproval, recommendation, the
rendering of advice, investigation or other substantial exercise of administrative
discretion or which was under his charge during the period of his service as such
official or employee.
Use of public position for personal gain.
Holding (possession of) investments which interfere with or tend to interfere with
the proper discharge of public duty. This shall include participation in
transactions as a public representative with a person, partnership, trust, business
trust, corporation or association in which the public official or employee has a
direct or indirect financial or other personal interest.
Personal interest in legislation to the extent that private interest takes precedence
over public interest or duty.
Entering into contracts or other conduct of business by a person, partnership,
trust, business trust, corporation or association in which the public official or
employee has a controlling or other substantial financial interest and when the
public official or employee can influence such contract or business because of his
public position. "Substantial financial interest" includes any of the following
interests in a business entity: proprietor, member of a partnership, officer or
director of a corporation or association, trustee of a trust or a shareholder in a
corporation whose shares are not obtainable on a recognized public stock
exchange.
2015 Replacement
23
Conflict of Interest
(k)
(l)
109.08
Soliciting employment with a person, partnership, trust, business trust,
corporation or association doing business with the City over which the public
official or employee had some control in his official capacity within one year of
the termination of public service.
Promising any person appointment to any municipal position as a reward for any
political activity.
(Ord. 91-13. Passed 5-6-91.)
109.06 DISCLOSURE OF PRIVATE INTEREST IN LEGISLATION.
A member of Council or the City administration including any official or employee who
participates in discussion of or who gives an official opinion to Council shall publicly disclose on
the official records of Council the nature and extent of any direct or financial interest or other
personal or private right he may have in any legislation pending before Council immediately after
its introduction and prior to passage, provided, however, that such disclosure shall not deprive the
member of Council of his right to vote on such legislation. A member of Council who elects to
abstain regarding such legislation shall not participate in the consideration of, or take any official
action with respect to such legislation, and shall make the same disclosure as otherwise required
herein. This section shall not be interpreted as permitting any interest in contracts with the City
or in City expenditures prohibited by Section 109.05.
(Ord. 91-13. Passed 5-6-91.)
109.07 APPLICABILITY OF CODE.
When an official or employee of the City has doubt as to the applicability to a particular
situation of a provision of this Code or the City Charter or any law which establishes ethical
standards or otherwise regulates the conduct of officials or employees of the City, the official or
employee should apply to the Board of Ethics for an advisory opinion and be guided by that
opinion when given. The official or employee shall have the opportunity to present his
interpretation of the facts at issue and of the applicable provisions of this Code, Charter and law
before such advisory decision is made.
This Code shall be operative in all instances covered by its provisions except when
superseded by an applicable statutory or Charter provision and the statutory or Charter action is
mandatory, or when the application of a statutory or Charter provision is discretionary but
determined to be more appropriate or desirable.
(Ord. 91-13. Passed 5-6-91.)
109.08 BOARD OF ETHICS; CREATION, COMPOSITION AND TERM.
(a)
There is hereby established a Board of Ethics, consisting of three members who
shall be residents of the City and appointed by the Mayor with the approval of Council. Such
members shall serve without compensation for three-year terms except that of the original
appointment, one member shall be appointed for a three-year term, one shall be appointed for a
two-year term, and one shall be appointed for a one-year term. The Board shall select its own
chair and, subject to the provisions of Section 109.09, set its own rules of procedure.
2015 Replacement
109.09
ADMINISTRATIVE CODE
24
(b)
It shall be the duty of the Board to render advisory opinions with respect to matters
dealing with conflict of interest as set forth in the Codified Ordinances and to hear complaints
against persons as set forth in Section 109.09. Advisory opinions shall be rendered pursuant to
a written request of a member of Council, or any officer or employee of the City.
(Ord. 91-13. Passed 5-6-91.)
109.09 COMPLAINTS, HEARINGS AND PROCEDURE; OATHS AND
SUBPOENAS.
(a)
The Board of Ethics shall receive complaints against persons subject to this chapter
concerning conduct alleged to be in violation of any provision of the Ohio Constitution, Ohio
statutory law, the City Charter or ordinance of the City which establishes ethical standards for or
otherwise regulates the conduct of such persons. All complaints shall be filed by affidavit made
on personal knowledge, subject to the penalties of perjury. The Board shall investigate complaints
and charges presented to it.
(b)
If the Board finds that a complaint is not frivolous, and that the facts alleged in a
complaint, if true, would constitute a violation of any of the provisions enumerated in this chapter,
it shall hold a hearing to determine whether there is reasonable cause to believe that the facts
alleged in the complaint are true. If the Board does not so find, it shall dismiss the complaint.
(c)
The person against whom the complaint is directed shall be given not less than ten
days notice of the date, time and place of the hearing, a statement of the charges and the law
directly involved, and shall be given the opportunity to be represented by counsel, to examine the
evidence against him, to produce evidence and to call and subpoena witnesses, to confront his
accuser, and to cross-examine witnesses. The Board shall have a stenographic record made of the
hearing. The hearing shall be open to the public except as otherwise provided by law.
(d)
If upon the basis of such hearing, the Board finds, based upon a preponderance of
the evidence, that the facts alleged in the complaint are true and constitute a violation of any
provision of the Ohio Constitution, Ohio statutory law, the City Charter or ordinance of the City
which establishes ethical standards for or otherwise regulates the conduct of persons subject to the
provisions of this chapter, it shall report its findings by written report to the Mayor, each member
of Council and to the accused person.
(e)
If the Board does not find based upon a preponderance of the evidence that the facts
alleged in the complaint are true and constitute any of the aforementioned violations, it shall
dismiss the complaint and make the report of that finding public.
2015 Replacement
25
Conflict of Interest
109.99
(f)
The Board, or a member of the Board, may administer oaths, and the Board may
issue subpoenas to any person within the State compelling the attendance of witnesses, and the
production of relevant papers, books, accounts, and records. The Board shall issue any such
subpoena upon request of the accuser or the accused. The provisions of Ohio R.C. 705.21,
insofar as applicable, shall govern the issuance of such subpoenas. Upon refusal of any person
to obey a subpoena or to be sworn or to answer as a witness, the Board may apply Ohio R.C.
705.21 to enforce compliance. The Board or the accused person may take depositions of witnesses
within or without the state in the same manner as prescribed by law for the taking of depositions
in civil actions.
(g)
The Board shall schedule a hearing within ninety days after a complaint is filed if
the Board determines that the facts alleged in a complaint, if true, would constitute a violation of
any of the provisions of this chapter. The complaint shall be disposed of within ninety days after
it has been heard.
(h)
All papers, records, affidavits and documents upon any complaint, inquiry or
investigation relating to the proceedings of the Board shall be open to the public, except as
otherwise provided by law.
(i)
Any complaint regarding a member of Council concerning an alleged violation of
this chapter may, at the option of the accuser, be filed with the Clerk of Council. Should such a
complaint be so filed, the President of Council or the Presiding Officer shall appoint a special
select committee to investigate the complaint, conduct a hearing, and make findings as required
of the Board with the same powers and duties as the Board.
(Ord. 91-13. Passed 5-6-91.)
109.99 PENALTY.
(a)
Whoever knowingly violates any provision of Section 109.04 through 109.06 is
guilty of a misdemeanor of the first degree.
(b)
Except as provided in subsection (c) hereof, and in addition to the penalty
prescribed in subsection (a) hereof, whoever knowingly violates any provision of Section 109.04
through 109.06 shall be cause for suspension of the public official or public employee, removal
from office or employment, written reprimand, or other disciplinary action.
(c)
In addition to the penalty prescribed in subsection (a) hereof, whoever willfully
conceals a substantial financial interest or otherwise violates the requirements of Section 109.05(e)
or (j) shall be guilty of malfeasance in office or position and shall, subject to any applicable
provision of the Charter, forfeit his office or position. Violation of such subsection with the
knowledge, express or implied, of the business entity shall render the contract void.
(Ord. 91-13. Passed 5-6-91.)
2015 Replacement
2015 Replacement
27
CHAPTER 110
Open Meetings
110.01
110.02
110.03
110.04
110.05
110.06
Liberal construction.
Definitions.
Required; minutes.
Posting of meetings.
Notification of news media.
Notification of individuals.
110.07 Executive sessions.
110.08 Invalidity of any action
contrary to this chapter.
110.09 Compliance with certificate.
CROSS REFERENCES
Meetings of public bodies to be open - see Ohio R.C. 121.22
Disturbing lawful meeting - see GEN. OFF. 509.04
110.01 LIBERAL CONSTRUCTION.
This chapter shall be liberally construed to require public bodies to take official action and
to conduct all deliberations upon official business only in open meetings, unless the subject matter
is specifically excepted by law.
(Ord. 89-59. Passed 3-5-90.)
110.02 DEFINITIONS.
As used in this chapter certain terms are defined as follows:
(a)
"Public body" means Council, any board, commission and any other public body
of the City, including, but not limited to a citizen advisory committee, agency,
council or authority, and whether established by ordinance or resolution of
Council, by administrative action, or by the Charter, as well as any committee of
any of the foregoing.
(Ord. 91-14. Passed 4-15-91.)
(b)
"Meeting" means any prearranged discussion of the public business of the public
body by a majority of its members.
(Ord. 80-22. Passed 5-5-80.)
2015 Replacement
110.02
ADMINISTRATIVE CODE
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
28
"Clerk" means, in the case of Council, the Clerk of Council, or, in the case of
another public body, the person designated by the public body to post written
notice of meetings and to transmit the personal notification of meetings on specific
subject matter to the necessary persons or organizations.
(Ord. 89-59. Passed 3-5-90.)
"Day" means calendar day.
(Ord. 80-22. Passed 5-5-80.)
"Post" means to post in an area accessible to the public during the usual business
hours at the office of the Clerk and at the following locations:
(1)
City Hall, front entrance bulletin board.
(2)
City Hall, back entrance bulletin board.
(3)
Reception desk, bulletin board.
All regular and special meetings of Council, other than committee meetings
thereof, shall be posted on the front yard bulletin board, City Hall. All regular
and special meetings of any other public body and committee meetings of Council
may be posted thereon.
(Ord. 89-59. Passed 3-5-90.)
"Published" means published once in a newspaper having a general circulation in
the City.
"Special meeting" means a meeting which is neither a regular meeting nor an
adjournment of a regular (or special) meeting to another time or day to consider
items specifically stated on the original agenda of such regular (or special)
meeting.
"Public hearing" means a meeting wherein the general public is invited to give its
opinion or statements concerning the specific matters to be considered at such
hearing.
(Ord. 80-22. Passed 5-5-80.)
"Committee meeting" means a meeting of those committees enumerated in
Chapter 111 and such other committees, including citizens advisory committees,
as Council may from time to time approve. "Committee" shall also include any
committee of any other public body.
(Ord. 89-59. Passed 3-5-90.)
"Written notification" means notification in writing mailed, telegraphed or
delivered to the address of the person for whom such notification is intended as
shown on the records kept by the Clerk under this chapter, or in any way
delivered to such person.
"Oral notification" means notification given orally either in person or by
telephone directly to the person for whom notification is intended or by leaving
an oral message for such person at the address or if by telephone at the telephone
number of such person as shown on the records kept by the Clerk under this
chapter.
2015 Replacement
29
Open Meetings
(l)
110.04
Any notification provided herein to be given by the Clerk may be given by any
person acting in behalf of or under the authorization of the Clerk.
(Ord. 80-22. Passed 5-5-80.)
110.03 REQUIRED; MINUTES.
(a)
Except as may otherwise be provided by law, all meetings of any public body are
declared to be public meetings open to the public at all times. A member of a public body shall
be present in person at a meeting open to the public to be considered present or to vote at the
meeting and for purposes of determining whether a quorum is present at the meeting.
(b)
The minutes of a regular or special meeting of any public body except committee
meetings shall be recorded and minutes timely and accurately prepared thereafter. The minutes
shall be open to public inspection at all reasonable times. The minutes of any special or regular
meeting of a public body shall include an accurate and brief summary of the discussions by any
member of the public body or public official on any resolution, ordinance, motion or other matter
before the public body, the complete text of any written committee report and, where applicable,
shall also include the reports, announcements, remarks and communications from the
administration and members of the public body. Any person may obtain from the Clerk of the
public body a copy of the minutes of the public body at minimal cost as established by Council.
The general subject matter of all committee meetings and executive sessions shall be reported at
the next meeting of the public body at which the subject matter of the report is considered or the
next regular meeting of the public body, whichever is earlier, and shall become part of the minutes
thereof. (Ord. 89-59. Passed 3-5-90.)
110.04 POSTING OF MEETINGS.
(a)
The Clerk of the public body shall post a statement of the time(s) and place(s) of
regular meetings of each public body for each calendar month in a calendar of meetings not later
than the third day preceding the day of the first regular meeting (other than the organizational
meeting) of the calendar month of that public body at all locations mentioned in Section 110.02(e)
other than the bulletin board. The Clerk of the public body shall check at reasonable intervals to
insure that such statement remains so posted during such calendar month. If at any time during
the calendar month the time or place of regular meetings, or of any regular meeting, is changed
on a permanent or temporary basis, a statement of the time and place of such changed regular
meeting shall be so posted by the Clerk of the public body at least twenty-four hours before the
time of the first changed regular meeting. Should such time or day of a regular meeting be
changed on a permanent basis, the Clerk of the public body shall cause same to be published.
Upon the adjournment of any regular or special meeting to another day, the Clerk of the public
body shall promptly post notice of the time and place of such adjourned meeting.
(b)
The Clerk of the public body shall post a statement of time and place of any
organizational meeting of a public body at least twenty-four hours prior to such organizational
meeting.
2015 Replacement
110.05
ADMINISTRATIVE CODE
30
(c)
Except in the case of a public hearing, the Clerk of the public body shall, no later
than twenty-four hours before the time of a regular meeting or a special meeting or a committee
meeting of a public body, post a statement of the time and place of such meeting. The posting
shall state such specific or general purpose or purposes then known to the Clerk to be intended to
be considered at such regular or special meeting or committee meeting and may state, as an
additional general purpose, that any other business as may properly come before such public body
or committee thereof at such meeting may be considered and acted upon.
(d)
The Clerk of the public body shall, no later than seventy-two hours before the time
of a public hearing of a public body, including an investigation of charges or complaints against
a licensee, franchisee or regulated individual, post a statement of the time, place and purpose of
such public hearing. The posting shall state such specific or general purposes then known to the
Clerk to be intended to be considered at such public hearing. The Clerk shall further, no later than
seventy-two hours before the time of a public hearing, cause the time, place and purposes of same
to be published.
(e)
Nothing contained herein shall be construed as prohibiting any public body from
adopting a rule in accordance with this chapter to provide for notification to the general public of
regular or special meetings or committee meetings, by causing the time, place and purpose of such
meetings to be published.
(f)
In addition to the posting of statements as provided in subsections (a) and (b)
hereof, the Clerk of the public body shall cause to be published once a statement of the time(s) and
place(s) of regular meetings for the calendar year of each public body. Such publication shall
occur no later than the day preceding the day of the first such regular meeting.
(Ord. 89-59. Passed 3-5-90.)
110.05 NOTIFICATION OF NEWS MEDIA.
(a)
Any news media organization that desires to be given advance notification of special
meetings of a public body shall file with the Clerk of the public body a written request therefor
on a form provided by the Clerk.
Except in the event of an emergency requiring immediate official action as referred to in
subsection (d) hereof, a special meeting or committee meeting shall not be held unless at least
twenty-four hours advance notice of the time, place and purposes of such special meeting or
committee meeting is given to the news media that requested such advance notification in
accordance with subsection (b) hereof.
(Ord. 89-59. Passed 3-5-90.)
(b)
News media requests for such advance notification of special meetings or committee
meetings shall specify: the public body that is the subject of such request; the name of the media;
the name and address of the person to whom written notifications to the media may be mailed,
telegraphed or delivered; the names, addresses and telephone numbers (including addresses and
telephone numbers at which such notifications may be given either during or outside of business
hours) or at least two persons to either one of whom oral notification to the media may be given.
2015 Replacement
31
Open Meetings
110.06
Any such request shall be effective for one year from the date of filing with the Clerk or
until the Clerk receives written notice from such media cancelling or modifying such request,
whichever is earlier. Each requesting news media shall be informed of such period of
effectiveness at the time it files its request. Such requests may be modified or extended only by
filing a complete new request with the Clerk. A request shall not be deemed to be made unless
it is complete in all respects, and such request may be conclusively relied on by the City, the
public body that is the subject or such request and the Clerk.
(c)
The Clerk shall give such oral notification or written notification, or both, as the
Clerk determines, to the news media that have requested such advance notification in accordance
with subsection (b) hereof, of the time, place and purposes of each special meeting, or committee
meeting, at least twenty-four hours prior to the time of such special meeting.
(d)
In the event of an emergency requiring immediate official action, a special meeting
may be held without giving twenty-four hours advance notification thereof to the requesting news
media. The persons calling such meeting, or any one or more of such persons or the Clerk on
their behalf, shall immediately give oral notification or written notification, or both, as the person
or persons giving such notification determine, of the time, place and purposes of such special
meeting to such news media that have requested such advance notification in accordance with
subsection (b) hereof. The minutes or the call, or both, of any such special meeting shall state the
general nature of the emergency requiring official action.
(Ord. 80-22. Passed 5-5-80.)
110.06 NOTIFICATION OF INDIVIDUALS.
(a)
Any person, group or organization, upon written request and as provided herein,
may obtain reasonable advance notification of all meetings at which any specific type of public
business is scheduled to be discussed. Such a person shall file a written request, upon the form
provided, with the Clerk of the public body specifying:
(1)
The person's name and the address(es) and telephone number(s) at or
through which the person can be reached during any outside business
hours;
(2)
The specific type of public business the discussion of which the person is
requesting advance notification of; and
(3)
The public body that is the subject of the request.
(Ord. 89-59. Passed 3-5-90.)
(b)
A request shall not be deemed to be made unless it is complete in all respects, and
such request may be conclusively relied on by the City, public body that is the subject of such
request and the Clerk. Such request may be cancelled by written request from such person to the
Clerk.
2015 Replacement
110.07
ADMINISTRATIVE CODE
32
(c)
Each such written request shall also be accompanied by cash, or a check or money
order payable to the City in the amount of fifteen dollars ($15.00) per year which amount has been
determined by Council to represent a reasonable fee to cover costs of providing such advance
notification for twelve calendar months commencing with the month in which the request is made.
Additionally, each request shall be accompanied by self-addressed envelopes sufficient to
cover the number of regular meetings of the public body, or bodies, which are the subject of the
request for twelve months. Each request shall be renewed at the expiration of twelve months.
(d)
The Clerk shall give such advance notification under this section by written
notification; further provided that the Clerk may give oral notification of all special meetings if
the circumstances so dictate. Written notification may be accomplished by providing copies of the
agenda.
(Ord. 80-22. Passed 5-5-80.)
(e)
This section does not require separate or additional notice of notification to be given
of the contines portion of a meeting following a recess or adjournment of not more than
seventy-two hours to a time and place announced publicly at the meeting prior to the recess or
adjournment.
(Ord. 80-97. Passed 1-5-81.)
110.07 EXECUTIVE SESSIONS.
(a)
Except as provided in subsection (b) hereof, any public body may only in
accordance with and subject to the provisions of the Charter, hold an executive session.
(b)
Any committee of a public body may hold an executive session only if authorized
to do so by the public body in accordance with and subject to the provisions of the Charter. Any
member of the public body may attend an executive session of a committee of the public body.
(Ord. 91-14. Passed 4-15-91.)
110.08 INVALIDITY OF ANY ACTION CONTRARY TO THIS CHAPTER.
(a)
An ordinance, resolution, rule or formal action of any kind is invalid and void
unless adopted in an open meeting of the public body. An ordinance, resolution, rule or formal
action of any kind that results from deliberations in a meeting not open to the public is invalid and
void unless the deliberations were for a purpose specifically authorized by the Charter and
conducted at an executive session held in compliance with the Charter and this chapter.
2015 Replacement
33
Open Meetings
110.09
(b)
Any person may bring an action to enforce the provisions of this section. Upon
proof of a violation or threatened violation of this section in an action brought by any person, the
Court of Common Pleas shall issue an injunction to compel the members of the public body to
comply with its provisions. If the Court of Common Pleas issues an injunction pursuant to this
section, the court may award to the person that sought the injunction all court costs and reasonable
attorney's fees and also shall order the public body that it enjoins to pay a civil forfeiture of one
hundred dollars ($100.00). If the Court of Common Pleas does not issue an injunction pursuant
to this section and the court determines at that time that the bringing of the action was frivolous
conduct as defined in Ohio R.C. 2323.51(A), the court may award to the public body all court
costs and reasonable attorney's fees. Irreparable harm and prejudice to the party that sought the
injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened
violation of this section.
(c)
A member of a public body who knowingly violates an injunction issued pursuant
to this section may be removed from office by an action brought in the Court of Common Pleas
for that purpose by the Law Director, his designee or by the Attorney General of the State of
Ohio.
(Ord. 91-14. Passed 4-15-91.)
110.09 COMPLIANCE CERTIFICATE.
(a)
A certificate shall be made part of each and every ordinance, rule, resolution and
regulation, and any other action taken by any public body as defined in Section 110.02 by the
Clerk demonstrating compliance with this chapter.
(b)
Such certificate shall be conclusive upon this City and the public body involved.
(Ord. 80-22. Passed 5-5-80.)
2015 Replacement
2015 Replacement
35
TITLE THREE - Legislative
Chap. 111. Council.
Chap. 113. Ordinances, Resolutions and Contracts.
CHAPTER 111
Council
111.01 Office of Council.
111.02 Clerk; appointment; hours;
duties.
111.03 Rules of Council.
111.04 Charter amendment proposed
by Council; preparation and
dissemination of arguments.
CROSS REFERENCES
Legislative powers of Mayor - see CHTR. Art. III, Sec. 5
The Council - see CHTR. Art. IV
Code of Ethics - see ADM. Ch. 109
Quorum requirements suspended in emergency - see ADM. 107.06
Open meetings - see ADM. Ch. 110
Requirements for legal publication in newspaper - see ADM. 113.01
111.01 OFFICE OF COUNCIL.
There is hereby established the Office of Council, which shall be under the direct
supervision of the Clerk of Council and shall consist of the Clerk and such assistant full-time and
part-time clerks and assistants as shall, from time to time, be authorized by Council.
The Office of Council shall be located in the City Hall at such place, and shall be equipped
with such furniture and equipment, files and other accessories as Council may, from time to time,
authorize. (Ord. 89-7. Passed 12-18-89.)
111.02 CLERK; APPOINTMENT; HOURS; DUTIES.
(a)
The Clerk of Council shall be elected by a majority of the members elected to
Council present and voting within seven days from the commencement of their term.
2015 Replacement
111.02
ADMINISTRATIVE CODE
36
(b)
The Clerk of Council shall, once elected, serve the entire term of Council unless
such person dies, resigns or unless removed from such office in accordance with the provisions
of this subsection. No Clerk of Council shall be removed from office except for gross misconduct,
or misfeasance, malfeasance or nonfeasance in or disqualification for office, or for the conviction
while in office of a crime involving moral turpitude, or for persistent failure to abide by the Rules
of Council, or for absence without justifiable excuse from three consecutive regular meetings of
Council, further provided that such removal shall not take place without the concurrence of
two-thirds of all the members elected to Council nor until the Clerk so accused shall have been
notified in writing at least ten days in advance of any hearing upon such charge, and the Clerk or
the Clerk's counsel has been given the opportunity to be heard, present evidence or examine any
witness appearing in support of such charge or charges.
(c)
The Clerk of Council, except as provided in subsection (g) hereof, shall not hold
any elective office within the City or be a candidate for any elective office while serving as Clerk
of Council.
(Ord. 89-7. Passed 12-18-89.)
(d)
The office hours of the Clerk of Council shall be determined by Council.
(Ord. 93-35. Passed 6-7-93.)
(e)
The Clerk of Council shall receive such various benefits as set forth for employees
in Chapter 143 and shall also be subject to all general rules and regulations governing City
employees not otherwise inconsistent herewith.
(f)
The position of the Clerk of Council involves responsible administrative and clerical
work. The requirements of the work shall include:
Considerable experience in full-time secretarial work of a progressively responsible nature;
graduation from high school including or supplemented by courses in business and secretarial
subjects, or any equivalent combination of experience and training which provides the following
knowledges, abilities and skills:
(1)
Knowledge of modern office practices, systems and procedures;
(2)
Knowledge or ability to acquire such knowledge within a reasonable
period of training, of the functions, purposes, duties and operations of
municipal government;
(3)
Ability to maintain complex official records;
(4)
Ability to establish office procedures and priorities and to supervise
personnel;
(5)
Ability to read and comprehend moderately complex laws, ordinances,
rules and regulations;
(6)
Ability to make minor decisions in accordance with laws, ordinances,
rules and regulations;
(7)
Ability to prepare routine correspondence and other items;
2015 Replacement
37
Council
(8)
(9)
(10)
(11)
(12)
(13)
111.02
Skill in the taking and transcribing of dictation and the use of a
dictaphone;
Skill in the use of a typewriter, recording equipment, word processor and
other general office equipment;
Skill in shorthand/speedwriting or comparable ability;
Skill in typing (not less than sixty words per minute);
Ability to initiate and carry out research projects; and
Ability to deal with people.
(g)
If the Clerk of Council is unable to attend any regular or special meeting of
Council, a temporary acting Clerk of Council shall be designated by the President of Council, or
in the absence of the President, by the Presiding Officer. In the event the Clerk of Council is
unable due to injury, illness, disease or other justifiable cause to attend regular or special meetings
of Council or otherwise perform the duties and functions of the position for an extended period,
Council shall designate a temporary acting Clerk of Council.
(h)
In the case of death, resignation or removal from office of the Clerk of Council,
Council shall by motion declare the office of Clerk of Council vacant and shall appoint a new
Clerk provided, however, that a new Clerk shall not be appointed until after the Council advertises
the availability of the position not less than once a week for two consecutive weeks in a newspaper
of general circulation in the City and have interviewed all persons who have made written
application by the date specified in the advertisement.
(i)
The functions, duties and job classification of the Clerk of Council shall
encompass the following items:
(1)
Serve as office manager of the Office of Council;
(2)
Attend all regular and special meetings of Council, and act as recording
secretary thereat;
(3)
Maintain, or cause to be maintained, accurate, timely and complete
records of all official Council documents;
(4)
Prepare, or supervise the preparation of, timely and accurate records and
minutes of all regular and special Council meetings and proceedings, and
public hearings if requested by Council or a committee thereof;
(5)
Receive, sort and accept on behalf of the Council and the members
thereof, all communications which may necessitate Council deliberation
and consideration;
(6)
Prepare, or supervise the preparation of, the Agenda for Council meetings
under the direction of the President of Council, and cause to be delivered
to each member of Council, the Mayor and each department and division
head a copy thereof;
(7)
Attend all public hearings conducted by Council or a committee thereof
and record the minutes for same if requested by Council or a committee
thereof;
(8)
Answer all inquires directed to ordinances, resolutions, Council
proceedings and official Council records, or direct such inquiries to the
proper City official for answer;
2015 Replacement
111.02
ADMINISTRATIVE CODE
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
2015 Replacement
38
Be responsible for the custody, maintenance, distribution and sale,
pursuant to instructions of Council, of all copies of the Codified
Ordinances, and the sale of copies of the City Charter, ordinances,
resolutions and other public documents of Council where no provision for
the sale is otherwise made by ordinance or resolution;
Be responsible for the preparation of all transcripts of Council meetings,
and other documents, when such transcript and documents relate
specifically to appropriations, notes, bonds and tax levies;
Be responsible for the posting, publishing, advertising and certification of
ordinances, resolutions, other actions, approved minutes of regular and
special meetings of Council, notices, hearings and other documents as
required by the Municipal Ordinances, the City Charter or statutory law
including any public notice of hearings on applications authorized by and
filed pursuant to the Zoning Code on matters before Council, and to all
property owners of land adjacent and abutting such area proposed for
public hearing on matters submitted to and before Council, pursuant to the
City Charter, ordinance or resolution;
Prepare regular and special reports of various Council committee meetings
when requested by the committee, and attend same as recording secretary
when requested by the committee and cause to be kept minutes of each
such committee meeting so attended which shall be kept in report form;
Transmit to other City officials, department and division heads, copies of
all ordinances, resolutions or related information pertaining to the
respective departments or divisions;
Have the duty of ensuring that all Council and committee meetings are
held in accordance with law and ordinance and that appropriate notices
thereof are posted and published as required by the City Charter and
ordinances;
Compose and attend to all correspondence relative to the office and to
assist Council or any member thereof by obtaining information upon the
request of Council or any member thereof necessary to the formulation of
an ordinance, resolution or other matter to be promptly proposed for
consideration by Council and action by Council;
Provide each member of Council a summary of all matters referred to a
committee of Council and/or member of the Administration within a
reasonable time following each regular Council meeting and shall post a
summary list in the Council Chamber prior to the next regular meeting of
Council. The summary shall include the subject matter referred, the date
of referral, the name and members of the committee and/or member of the
Administration to which the matter has been referred, the author/sponsor
of the communication, ordinance, resolution or other matter so referred,
previous action, if any, by the Council, and a brief statement of its then
present status;
39
Council
(17)
(18)
(19)
(20)
(21)
(22)
111.03
Shall be responsible for the recording of regular and special meetings of
Council, and public hearings if requested by Council or a committee
thereof, and the care and custody of the tapes, which shall be kept for one
year after acceptance by Council of printed minutes. The audio tapes shall
be stored in the Council Office and shall not be released from the office;
Prepare for distribution at the end of each year a cumulative index and
report of the adopted legislation and summary of the proceedings of
Council.
A copy of the cumulative index and report shall be furnished to any
resident of the City who has requested same and has paid the fee therefore
as has been set by ordinance or resolution of Council;
Receive and furnish to all members of Council a copy of the reports,
minutes and proceedings of all boards and commissions;
Serve as custodian of all ordinances, resolutions, motions and other
actions adopted by Council and all papers and documents kept by Council;
Type legislation when requested by any member of Council; and
Perform such other and further duties as may be required by formal action
of Council.
(j)
The Clerk of Council shall work directly under the general direction and
supervision of the President of Council and the Clerk's methods of performance is the Clerk's sole
responsibility as long as such performance is accomplished within the established policies, rules
and regulations as established by Council. Any decision of the President of Council relating to
the direction and supervision of the Clerk of Council shall be subject to subsection (i)(22) hereof.
(Ord. 89-7. Passed 12-18-89.)
111.03 RULES OF COUNCIL.
(a)
The following Rules of Order shall govern the procedure of Council and the
conduct of its members:
I.
MEETINGS; PLACE, TIME OF CONVENING, QUORUM, ORDER OF
BUSINESS.
(1)
Rule 1. Meetings: Place. All meetings of Council shall be held in the
Council Chamber in the City Hall unless otherwise ordered by Council.
(2)
Rule 2. Meetings: Public. Except as otherwise provided by law, all
meetings of Council or its committees thereof shall be public. Any citizen
may appear and be heard by Council during the public session. Any person
desiring to address Council shall first secure the permission of the Presiding
Officer to do so. Priority in speaking shall be given to those presenting to
the Clerk of Council a written request to address Council.
Each person addressing Council shall rise, give their name and address in
an audible tone of voice for the record and, unless further time is granted
by Council, shall limit their address to five minutes. All remarks shall be
addressed to Council as a body, to any member thereof or to the
administration or any member thereof. Speakers shall be courteous in their
language and avoid personalities. No person, other than Council, the
administration and the person having the floor, shall be permitted to enter
into any discussion, either directly or through a member of Council,
without the permission of the Presiding Officer. No questions shall be
asked of a member of Council or by a member of Council except through
the Presiding Officer.
2015 Replacement
111.03
ADMINISTRATIVE CODE
(3)
(4)
(5)
(6)
2015 Replacement
40
Persons, including members of Council not a member of the committee and
other City officials, desiring to be heard by any committee of Council shall
be given an opportunity to be heard thereat. All minutes and the record of
Council and its committees shall be open to the public at all reasonable
times except as otherwise provided by law as applicable to executive
sessions.
Rule 3. Regular Meetings. Regular meetings of Council shall be held in
the Council Chamber of the first and third Monday evenings at 7:00 p.m.,
unless otherwise ordered by motion, resolution or ordinance. Whenever the
regular meeting falls on a legal holiday or a special election day, the
Council shall meet in regular session on a day and at the place and hour as
set by Council at a previous meeting. As used in this Rule, "legal holiday"
shall have the same meaning as set forth in Ohio Revised Code. Section
1.14.
Rule 4. Summer Schedule. During the months of July and August,
Council may be on recess and shall meet at such times as a special meeting
as may be called in accordance with the provisions of Rule 5.
Rule 5. Special Meetings. Special meetings of Council may be called by
a vote of Council taken at any regular or special meeting thereof shall be
called by the Clerk of Council on written request of the Mayor, the
President of Council or any three members of Council. Any written request
for a special meeting shall state the subject or subjects to be considered at
the special meeting and no other subject or subjects shall be considered.
Notice in writing of each special meeting called at the written request of the
Mayor, the President of Council or three members of Council shall state the
date, time, place and subject or subjects of the special meeting and shall be
posted on the bulletin boards at the City Hall and served on the Mayor and
each member of Council, either personally, by leaving a copy of such
notice at his/her usual place of residence or transmitting by electronic
means. Such posting and service shall be accomplished not less than
twenty-four hours preceding the time for the special meeting. If a special
meeting is called by a vote of Council taken at any regular or special
meeting from which the Mayor or any member of Council is absent, written
notice of such special meeting shall be posted and given each absentee in
the manner herein described. Service of notice of any special meeting shall
be deemed conclusively to have been waived by the Mayor or by any
member of Council who shall be present thereat. In addition to the subject
or subjects to be considered, the order of business shall include items 1, 2,
3, 4, 7 (if related to the subject or subjects to be considered), and 14 of
Rule 8A.
Rule 6. Adjourned Meetings. Regular and special meetings may be
adjourned from day to day, but if the regular or special meeting is
adjourned to a day other than the day immediately succeeding the regular
or special meeting day, any member of Council, or the Mayor, absent from
the regular or special meeting shall be given at least twelve hours' notice of
such adjournment and the date and hour of such adjourned meeting.
41
Council
(7)
(8)
(9)
111.03
Rule 7. Quorum. A majority of all the members elected to Council shall
be a quorum to do business, but a lesser number may adjourn from day to
day and compel the attendance of absent members in the manner and under
such penalties as shall be prescribed by ordinance or resolution.
Rule 8. Order of Business:
A.
The business of the regular meetings of Council shall be transacted
in the following order, unless Council by a majority vote of its
members present and voting shall suspend the rules and change the
order.
1.
Call to order.
2.
Moment of silent prayer.
3.
Pledge of Allegiance.
4.
Roll call of members; report on absent members. (Members
absent for cause shall be excused by motion).
5.
Presentation of Resolutions (if any)
6.
Dispose of minute journal.
7.
Written communications, petitions and claims.
8.
Reports of committees.
9.
Reading of legislation (ordinances and resolutions) by Clerk
of Council.
a.
First reading and referral to standing committee.
b.
Second reading.
c.
Audience input on legislation up for passage (3
minutes max per person)
d.
Third reading.
e.
Reading and passage of legislation under suspension
of the Rules and without readings on three different
days.
10.
Reports and communications from the Mayor, the Directors
of Departments, and other City officials.
11.
Appointments and confirmations.
12.
Public session.
13.
Miscellaneous business and comments by members of
Council.
14.
Adjournment.
B.
The President of Council may at any time permit a member of
Council to introduce a motion, ordinance or resolution out of the
regular order, unless objection is made thereto by any member
present or unless otherwise provided by these Rules.
Rule 9. The Agenda
A.
It shall be the duty of the Clerk, under the supervision and direction
of the President of Council, to have a Council meeting agenda
prepared. Under this title the Clerk shall arrange and have printed
in consecutive order by title all by-laws, ordinances or resolutions
to be entertained, considered, introduced, read, acted upon or
enacted in accordance with the following format: The Agenda of
the Council Meeting of (Date)
1.
Legislation be read and referred to Committee.
a.
First reading.
b.
Second reading.
2015 Replacement
111.03
ADMINISTRATIVE CODE
2.
II.
42
Legislation on for passage.
a.
Second reading suspension of the Rules.
b.
Third reading.
c.
On for passage under suspension of the rules and
without readings on three different days. "The
Agenda" and a copy of any legislation shall be
delivered to each member of Council or left at the
usual place of residence or transmitted by electronic
means, at least two days prior to the regular meeting
for which "The Agenda" is prepared and at least
twenty-four hours prior to a special meeting.
B.
No by-law, ordinance or resolution shall be entertained, considered,
read, acted upon or enacted at any meeting unless its title is printed
upon "The Agenda" for each meeting, except as follows:
1.
Council amends the agenda by a vote of a majority plus one
of the members elected to Council.
2.
When action upon legislation appearing on "The Agenda" of
a previous meeting is postponed to a day certain, whether or
not it appears on "The Agenda" of the day certain.
3.
Action upon the Mayor's veto of any legislation.
OFFICERS AND EMPLOYEES OF COUNCIL.
(10) Rule 10. Presiding Officer. The President of Council and, in that person's
absence, the President of Council Pro Tempore, shall preside over the
meetings of the Council. In the absence of the President of Council and the
President of Council Pro Tempore, the Clerk of Council shall call the
Council to order; and, if after the roll call is called a quorum shall be
present, Council shall choose one of its members to act as temporary chair,
who shall preside until the President of Council or the President of Council
Pro Tempore appears, but in no event beyond such meeting, and that person
shall discharge all the duties and be clothed of all the powers of the
President of Council as such Presiding Officer during the President's
absence. The Presiding Officer shall call all meetings of Council to order
at the hour appointed and shall proceed with the order of business. If a
quorum be present, the Presiding Officer shall give the members an
opportunity for correcting the Journal of the previous meeting(s), a copy of
which shall have been delivered to each member of the Council. In the
absence of any objections or corrections, a motion to approve the minutes
as submitted without a reading thereof shall be in order. The Presiding
Officer shall preserve order and decorum, may in common with any other
member call any member to order who shall violate any of the rules,
prevent personalities or the impugning of members' motives, confine
members in debate to the question under discussion, and shall decide all
points of order subject to an appeal to Council as set out in Rule 27. Prior
to the first meeting of Council following a regular municipal election, the
President of Council shall call an organizational meeting of the Council for
the purpose of establishing the naming of a Chair and Vice-Chair of each
committee. At such meeting, the President of Council shall submit to the
members of Council his or her choices for the Chair and Vice-Chair of each
committee, which choices shall be subject to, and effective only after
2015 Replacement
43
Council
III.
111.03
approval by a majority of the voting members of Council present, unless
otherwise ordered by Council (See Rule 14 for Subcommittees),
coordinating the work of the various committees. The President of Council
shall have all the powers, duties, functions, obligations and rights of any
other member of Council.
When the Mayor is absent or inaccessible, or is unable for any cause or
reason to perform his or her duties, the President of Council shall become
the acting Mayor, but he or she shall not thereby cease to be President of
Council. In the event the office of Mayor shall become vacant for any
reason, the President of Council shall thereupon become the Mayor and
serve for the unexpired term or until the beginning of the term of a
successor duly elected as provided in Article III, Section 4(d) of the
Charter, and the office of President of Council shall become vacant. In
case of a vacancy in the office of President of Council, the President of
Council shall be elected by Council from among its members, and the one
so elected shall vacate his office as Councilman and shall serve for the
unexpired term of such President of Council.
(11) Rule 11. The Selection of a President of Council Pro Tempore The Vote
Necessary for Election of President Pro Tempore. The members of
Council, within seven days from the commencement of their term shall elect
a President of Council Pro Tempore. No candidate for President Pro
Tempore shall be declared elected unless they shall have received a majority
vote of the members elected to Council. While presiding over and acting
as President Pro Tempore of Council during the temporary absence of the
President, such President Pro Tempore shall and he hereby is declared to
retain all his rights as an individual member of Council and he shall be
entitled to vote on all legislation and other matters before Council to the
same extent and purpose as if he were not acting as such President Pro
Tempore, but serving in the capacity of member of Council alone.
(12) Rule 12. Roll Call Upon Election of President Pro Tempore. Upon the
roll call for the election of President Pro Tempore, each member shall
respond by stating the name of the candidate of their choice eligible for
such office or appointment, which candidate shall not be required to be a
person duly nominated and seconded.
(13) Rule 13. Sergeant-at-Arms. Council shall have the authority to appoint a
Sergeant-at-Arms who, under the direction of the Presiding Officer, shall
preserve order and compel the attendance of absent members in the manner
to be prescribed by ordinance or resolution
COMMITTEES OF THE COUNCIL.
(14) Rule 14. Committee of the Whole and Standing Committees. All Regular
Standing Committees shall be comprised of the Council of the Whole;
namely, the President of Council, five (5) Ward Councilmembers and the
(1) Council member at Large. Prior to the first meeting of Council
following a regular municipal election, the President of Council shall call
an organizational meeting of the Council for the purpose of establishing the
membership of the Standing Committees of Council, including the naming
of a Chair and Vice-Chair of each committee. At such meeting, the
President of Council shall submit to the members present his or her choices
for Chair and Vice-Chair of each committee, which choices shall be subject
2015 Replacement
111.03
ADMINISTRATIVE CODE
44
to, and effective only after approval by a majority of the voting members
of Council present. Not later than the first regular meeting of Council, the
President of Council shall appoint standing committees for the term of
Council and shall designate for the term of Council a Chair and a
Vice-Chair thereof. In the absence of the Chair, the Vice-Chair shall
preside until the Chair appears and shall discharge all the duties and be
clothed with all the powers of the Chair during such absence. In the
absence of the Chair and the Vice-Chair, a quorum being present, a
temporary Chair shall be selected by a majority vote of the members
present who shall preside until the appearance of the Chair or Vice-Chair
and he shall be clothed with the powers of the Chair during such absence.
The standing committees shall be styled as follows:
A.
COMMITTEE ON FINANCE: To which shall be referred all
ordinances, resolutions and other matters relating to municipal
finance; assessments; the budget; insurance; municipal indebtedness
and the payment of moneys not otherwise provided for by previous
legislation; appropriations for existing and proposed municipal
departments, divisions, offices, boards and commissions; Civil
Service and the Civil Service Commission; wages, salaries, pensions
and other employee benefits; conditions of municipal employment;
the creation of positions in the classified or unclassified service; the
personnel and composition of the various City departments,
divisions, and offices; the Clerk of Council; the purchase, lease or
sale of real property or personal property by or from the City;
taxation; concessions, licenses and permit fees; long-term financial
planning; and, financial co-ordination of all committees.
B.
COMMITTEE ON ENVIRONMENT, AND PUBLIC WORKS,
PLANNING, ZONING AND DEVELOPMENT: To which shall
be referred all ordinances, resolutions and other matters relating to
natural watercourses, streams, creeks, brooks and the pollution
thereof; water supply and the pollution thereof; air pollution; all
other environmental nuisances; the improvement, repair,
construction, maintenance and cleaning of streets and sidewalks,
including any fees or charges relating thereto; transportation; the
use of streets and sidewalks; street lighting; surface and storm water
drainage; the construction, maintenance, repair and cleaning of
storm and sanitary sewers including any fees or charges relating
thereto; sewage disposal; the collection and disposal of refuse and
other waste; public parks, public playgrounds, existing and
proposed municipal buildings; the use of City property and land for
public or private purpose including any fees or charges for the use
thereof; recreational buildings and facilities; the location,
maintenance and repair of public buildings and real properties; and,
rates to be paid by the City or its residents for public utility
services, all matters relating to City planning; the recommendations
of the Planning & Design Commission; zoning and land use
regulations and building, housing and property maintenance
regulations, amendment to the Zone Map; business regulation;
community and economic development; the Fire Prevention Code;
existing or proposed franchises; and, annexation.
2015 Replacement
45
Council
C.
D.
E.
F.
111.03
COMMITTEE ON LOCAL GOVERNMENT AND COMMUNITY
SERVICES: To which shall be referred all ordinances, resolutions
and other matters relating to initiative, recall and referendum
petitions; Charter proposals or amendments; redistricting; the Rules
of Council; intergovernmental relations with the United States, State
of Ohio or Cuyahoga County Governments, the Board of Education,
or any public or quasi-public body of any of the foregoing,
including any act, bill, proposal, rule, regulation, policy or practice
as may affect the City and/or the residents of the City; Rocky River
Municipal Court; recreation programs, social services, senior citizen
programs and services, youth activities and other human services
and programs; the Traffic Code; and the imposition of fines,
penalties, forfeiture, imprisonment or otherwise regulating conduct
not within the jurisdiction of another standing committee including
offenses against persons or property or in the operation of vehicles.
No member of Council shall serve as Chair or Vice-Chair of more
than one standing committee of Council except as provided in
subsection I. hereof. The President of Council shall serve as an exofficio member of all Council committees with the same powers,
duties, functions, obligations and rights as any other member.
Council shall appoint a Chair and a Vice-Chair of all other
committees which Council shall authorize and the President of
Council shall appoint one member of Council to serve as a member
of the Planning and Design Commission for such term and as
approved by Council. Council shall appoint one member of Council
as a member of the Parks and Recreation Commission for a term of
two years.
Any member of Council shall continue as such member of each
committee for the term of Council, but may be removed therefrom
by the President of Council upon the recommendation of the
remaining members of the committee for failure to attend the
meetings of the committee without just cause or excuse,
malfeasance, nonfeasance, misfeasance, gross misconduct or for
other cause provided, however, that any Council member so
removed from a committee may appeal such removal order to
Council, not later than at its next regular meeting, who may
overrule such removal order by a majority vote of the other
members of Council eligible to vote.
Any member of Council appointed to or designated as a member of
or representative to any board or commission of the City, however
such appointment or designation was made by the President of
Council or by Council, itself, may be removed therefrom by a
majority vote of the other members of Council eligible to vote for
gross misconduct, malfeasance, nonfeasance, misfeasance, failure
to attend the meetings of the board or commission without just cause
or excuse, or for other cause. Prior to the removal, the member of
Council shall be given an opportunity to be heard and present
evidence thereon.
2015 Replacement
111.03
ADMINISTRATIVE CODE
G.
(15)
(16)
2015 Replacement
46
The Director of Law, when requested by the Chair of a committee
to which any ordinance or resolution has been referred, shall assist
in the examination of such ordinance or resolution to assure such
ordinance or resolution comports with law.
H.
In the event of death, resignation, expulsion or removal of a
member of Council from Council who serves as a committee chair,
the vice chair shall become the Chair and the person appointed to
the Council vacancy shall assume the vacated committee vice
chairmanship; otherwise the person appointed to the Council
vacancy shall assume the vacated committee assignments. In the
event of the removal of a Chair from a committee, but not from
Council, the Chair and the President of Council shall designate
another member of the committee to serve as Vice-Chair for the
balance of the term of Council. In the event of the removal of the
Vice-Chair from a committee, the Council shall designate another
member of the committee to service as Vice-Chair for the balance
of the term of Council.
I.
SUBCOMMITTEES:
J.
A Chair may appoint subcommittees consisting of members of the
Committee of the Whole.
Rule 15. Committee Meetings. A majority of the members of the
Committee of the Whole shall constitute a quorum for the transaction of
business. Committees shall meet at the call of the Chair or upon the call of
a majority of the other members thereof. General notice of committee
meetings is to be given to the newspapers, elected officials and directors,
and in accordance with Ohio law. Except as otherwise provided by law, all
committee meetings shall be open to the public and a record of the
attendance of members of the committee and the action taken thereat shall
be kept by the Chair of the committee in a report provided for that purpose.
Such report shall be kept on file with the Clerk of Council and open to
public inspection as other public records but a report of attendance shall not
be included in the report made pursuant to Rule 17. Legislation may be
amended while in committee and it shall be the duty of the committee to
recommend to Council the approval, disapproval or amendment of any
legislation pending before the committee. A majority of the members
present and voting shall be necessary for the recommendation of approval,
disapproval or amendment of any legislation, motions or other matter
pending before a committee. Except as otherwise determined by the
Committee of the Whole, committee meetings shall be held in the caucus
room or Council Chamber.
Rule 16. Rules of Committees. Except in case of obvious inconsistency or
inapplicability, committee meetings shall be governed by the rules
applicable to Council proceedings. Any person may tape a committee
meeting provided the person has first notified the committee. The Chair or,
in the absence of the Chair, the Vice-Chair shall preside at the committee
meeting, shall maintain order and decorum thereat, and shall have the
authority to re-arrange the order in which business shall be considered at
the committee meeting.
47
Council
(17)
111.03
Rule 17. Reports. No ordinance, resolution, communication, petition or
other matter referred to a committee for action shall be approved or
disapproved and reported out or placed before Council for further reading
or consideration until it shall have first been considered at a committee
meeting regularly called as provided for herein, and no committee, except
as provided in Rule 58, Rule 67 and Rule 73, shall consider or hold a
meeting on any proposed ordinance, resolution, communication, petition or
other matter until it has been introduced in or presented to Council and
referred to the committee.
The question of the recommendation of approval or of approval when
amended, shall be put by the Chair upon motion of any member, which
shall not require a second. If a majority of the members of the Committee
of the Whole present and voting vote affirmatively, such ordinance,
resolution, communication, petition or other matter shall be reported
forthwith to Council as recommended for passage or adoption but if a
majority of the members of the Committee of the Whole present and voting
vote negatively on such question, such ordinance, resolution or other matter
shall be reported forthwith to Council as a recommendation of rejection of
such legislation or matter. The vote on all matters before the committee
shall be recorded in the minutes of the meeting. When a majority of a
committee present and voting has reported, recommending, with or without
amendment, or not recommending the passage, adoption or approval of the
ordinance, resolution, communication, petition or other matter under
consideration, the minority may present a minority report. Council may
accept or reject any committee report or recommendation in whole or in
part. The committee to which any ordinance, resolution, communication,
petition or other matter has been referred for consideration shall report to
Council the status of such referral by the third next regular Council meeting
from such reference and at each third next regular meeting thereafter until
final report. Such status report shall be given by the Chair of the
Committee, or in the absence of the Chair by the Vice-Chair, and shall be
written. Notwithstanding the provisions of Rule 55, any ordinance,
resolution, communication, petition or other matter which has been referred
to a Council committee shall be automatically discharged from the
committee at the adjournment of the eighteenth regular Council meeting
after the date referred to Council committee and shall be deemed as
recommended by the committee. In such event, such ordinance, resolution,
communication, petition or other matter shall be placed on the agenda of the
next succeeding regular meeting of Council, unless prior to adjournment
Council postpones consideration thereof to a day certain. Any committee
or status report shall be given orally at the next regular meeting of Council
following the committee meeting provided that such committee report shall
be given at a special meeting of Council when the report concerns a subject
to be considered at the special meeting. Committee or status reports
submitted in writing shall be set forth verbatim in the minutes of the
meeting.
2015 Replacement
111.03
ADMINISTRATIVE CODE
(18)
IV.
48
Rule 18. Undisposed of Legislation Pending in Committee. Ordinances
and resolutions, which at the date of the first day in January have not been
acted upon by the committee or committee(s) to which referred within a
period of one year from the date of introduction in Council, shall be
reassigned to Committee by the President of Council.
(19) Rule 19. Committee of the Whole. When Council shall decide to go into
Committee of the Whole, without objection the regular officers shall
continue to serve, otherwise, Council shall appoint a Chair to preside, and
the Presiding Officer of Council shall leave the chair. The Rules of
Council, insofar as practicable, shall be observed in the Committee of the
Whole, except that no limit shall be placed on the frequency of speaking,
that the "yes" and "no" votes shall not be taken except as provided in Rule
66, and that a motion to rise and report progress shall always be in order
and shall be decided without debate. Except as may otherwise be provided
in the Rules of Council or in the ordinance or resolution creating same,
interviews of private citizens to be considered for appointment by Council
to any advisory group or commission shall be conducted by the Committee
of the Whole in such manner as is determined by the Committee of the
Whole; the Committee of the Whole shall also determine the manner of
evaluation to be used.
DUTIES, PRIVILEGES AND DECORUM OF MEMBERS.
(20) Rule 20. Roll Call of Council. Every member shall be in his/her seat at
the time of roll call; otherwise, he/she shall not be recorded as present
except upon special order of Council. The Clerk shall record the names of
the members present and absent.
(21) Rule 21. Duty of Vote. Every member present shall vote on all questions
upon the call of the "yes" and "no" vote, except that any member may
abstain from voting on any question in which that member has any direct
or financial interest or which in any way involves that member's personal
or private rights. Any member present, unless excepted as above, who
refuses to vote upon any question relating to the City government, upon
which they may vote, when the "yes" and "no" votes are being taken, shall
be guilty of contempt of Council, and may, for such contempt, be censured
by a majority vote of all the members of Council, or may be expelled from
Council by a vote of a majority plus one of all the members of Council. If
a member of Council shall abstain from voting "yes" or "no", the President
of Council shall ask the member the reason for the abstention. The
member's reason for the abstention shall be recorded in the journal. On the
passage of every ordinance, resolution or motion and on the appointment
of every officer or other person, the vote shall be taken by "yes" and "no",
and entered in full upon the journal. On any other question, the "yes" and
"no" shall likewise be entered upon the journal. Upon the call of the "yes"
and "no", the Clerk shall call the roll on the members and record the vote.
When once begun, voting shall not be interrupted.
2015 Replacement
49
Council
(22)
(23)
(24)
(25)
(26)
(27)
(28)
111.03
Rule 22. Codified Ordinance Book and City Property. Within five days of
assumption of office, a member of Council shall be provided a Codified
Ordinance book or the Codified Ordinances in electronic format. Any City
property that contains the documents of Council shall, at all times, remain
the property of the City. Within five days of leaving office, any City
property shall be returned to the Clerk of Council. The Director of Law
shall have the authority to enforce the provisions of this Rule by appropriate
legal action.
Rule 23. Change of Vote. Before the announcement of the vote of any
question, the Clerk shall read the vote of each member so taken upon the
demand of any member, at which time any member of Council, on account
of error or for any other reason, may change their vote; but no member of
Council shall be permitted to change their vote as recorded after the roll call
has been verified and the result declared.
Rule 24. Right of Floor. When any member is about to address Council,
that member shall respectfully address themselves to the Presiding Officer
and, when recognized by the Presiding Officer, shall confine themselves to
the question under debate, avoid personalities and refrain from impugning
the motives of any other member's argument or vote. When two or more
members ask recognition at the same time, the Presiding Officer shall name
the member who was first to speak and the exercise of such discretion by
the Presiding Officer shall not be subject to appeal under Rule 27.
Rule 25. Time Limitation of Speaking. No member of Council, public
official or other person shall be allowed to speak more than once on the
same matter until every other member desiring to speak on that matter shall
have had an opportunity to do so, nor more than twice on any subject, not
for a time longer than five minutes without permission of Council.
Rule 26. Members Called to Order. If any member in speaking or
otherwise transgresses the Rules of Council, the President shall call the
offending member to order. The member so called to order shall
immediately cease speaking unless permitted by the President to explain.
Any member may, by raising the point of order, call the attention of the
President to such transgression. The point of order shall be decided by the
President without debate. Every such decision of the President shall be
subject to appeal to Council by any two members.
Rule 27. Right of Appeal. Any member may appeal to Council from a
ruling of the Presiding Officer. The member making the appeal may briefly
state their reasons for the appeal, and the Presiding Officer may briefly
explain the ruling, but there shall be no debate on the appeal and no other
member shall participate in the discussion. The Presiding Officer shall then
put the question; "Shall the decision of the Chair be sustained?" If a
majority of the members present and voting vote "yes" the ruling of the
Chair is sustained; otherwise it is overruled.
Rule 28. Division of Question. If the question contains two or more
divisible propositions, the Presiding Officer may, and upon request of a
member shall, divide the same; but a motion to strike out a provision and
insert a substitute is not divisible. No question shall be divided unless it
comprehends a question so distinct that if one is taken away, the other shall
stand as an entire question for decision.
2015 Replacement
111.03
ADMINISTRATIVE CODE
(29)
V.
50
Rule 29. Personal Privilege. Any member may rise to explain a matter
personal to themselves, and on stating that it is a matter of personal
privilege, they shall be recognized by the Presiding Officer, but shall not
discuss a question or issue in such explanation. Such explanation shall not
consume more than five minutes of time unless extended by consent of the
Council. Matters of personal privilege shall yield only to a motion to recess
or adjourn.
(30) Rule 30. Verbatim Transcript. Any member of Council or other City
Official desiring specific remarks to be included verbatim in the minutes of
any regular or special meeting of Council shall make such request therefore
at the meeting in which the remarks were made and shall also submit such
remarks in writing to the Clerk of Council.
MOTIONS.
(31) Rule 31. Purpose and Form. Motions shall be used only to expedite the
orderly transaction of the business of Council and shall not be substituted
for resolutions or ordinances. The form of all motions shall be "I move
that" followed by the substance of the motion. A second shall be required
for any motion except as specifically provided for in these Rules and upon
demand of any member; any motion shall be reduced to writing. Any
motion may be withdrawn by the makers before it has been amended or
voted upon. When a motion is made, it shall be stated by the Presiding
Officer before any debate shall be in order. All motions which have been
entertained by the Presiding Officer shall be entered upon the minutes.
(32) Rule 32. Precedence of Motions.
A.
When a resolution, ordinance, motion or other proposition is before
Council or under debate, no motion shall be entertained except the
following:
1.
To fix the time to which to adjourn.
2.
To adjourn.
3.
To recess.
4.
To lay on the table.
5.
For the previous question.
6.
To postpone to a day certain.
7.
To refer to committee.
8.
To amend.
9.
To postpone indefinitely.
B.
These motions shall have precedence in the order indicated.
Motions to adjourn, or to lay on the table, or for the previous
question or to recess, shall be put to a vote without debate; the
motion to fix the time to which to adjourn shall be debatable only as
to the time of such adjournment; and all other motions shall be
debatable. These motions shall always be in order until the clerk
has started the call of the roll.
2015 Replacement
51
Council
(33)
(34)
(35)
(36)
(37)
111.03
Rule 33. The Previous Question, The motion for the previous question
shall require a majority plus one of the members elected to Council present
and voting; shall be considered only once; may be renewed after
intervening business; shall take precedence over all debatable questions and
shall be in order to prevent amendment of undebatable questions. If the
previous question is demanded and seconded on an amendment, it shall
apply only to the amendment. When the previous question is demanded and
seconded on the main question, it shall be put as follows: "Shall the main
question be now put?" If the motion for the previous question is carried as
to the main question, there shall be no further amendment or debate, but
pending amendments shall be put in their order before the main question.
If the question, "Shall the main question be now put?" or "Shall the
amendment be now put?" be decided in the negative, the main question or
the amendment remains before Council.
Rule 34. Motion to Lay on the Table. The motion to lay on the table shall,
subject to the provisions of Rule 41, dispose finally of the legislation or
other matter against which it is invoked, but a motion to lay a pending
amendment to an ordinance, resolution or motion shall not carry the
ordinance, resolution or motion with it. A motion to lay on the table shall
require a majority vote of the members elected to Council present and
voting. A motion to lay on the table may not be reconsidered.
Rule 35. Motion to Postpone to Day Certain. A motion to postpone to a
day certain shall require a majority vote of the members elected to Council
present and voting; shall be subject to reconsideration; may be renewed
after intervening business; shall be debatable as to the propriety of the
postponement, but not upon the merits of the legislation or other matter;
may be amended by changing the date; and shall be subject to the previous
question. Upon the arrival of the date to which postponed, the legislation
or other matter shall be considered in the regular order of business of that
day.
Rule 36. Motion to Postpone Indefinitely. The motion to postpone
indefinitely shall have the same effect as a motion to lay on the table, and
shall require a majority vote of the members elected to Council present and
voting. A motion to postpone indefinitely may be reconsidered only if
decided in the affirmative, shall be debatable and shall open the legislation
or other matter to debate; may be renewed after intervening business and
may not be amended or laid on the table, and shall be subject to previous
question.
Rule 37. Motion to Reconsider. A motion to reconsider a subject,
including legislation, that may have been acted upon favorably shall be
made before adjournment of that meeting of Council. A motion to
reconsider any other subject may be made not later than the next regular
meeting after such action was taken. A motion to reconsider may be made
only by any member who voted with the prevailing side. A motion to
reconsider shall be in order at any time except when a motion on some
other subject is standing. A motion to reconsider, being laid on the table,
may be taken up and acted upon at any time in accordance with this Rule
when Council is engaged in the transaction of new or miscellaneous
business. No motion to reconsider shall be made more than once on any
matter or subject, and the same number of votes shall be required to
reconsider the action of Council as was required to pass or adopt the same.
A motion to reconsider may not be applied to a motion to adjourn, a motion
to suspend the rules or a motion to lay on the table.
2015 Replacement
111.03
ADMINISTRATIVE CODE
(38)
VI.
52
Rule 38. Motion to Amend. A motion to amend may be amended only
once. An amendment once rejected may not be moved again in the same
form.
(39) Rule 39. Motion on Question of Privilege. First: Those affecting the
rights of Council collectively, its safety, dignity and the integrity of its
proceedings. Second: The rights, reputation and conduct of the members
of Council individually, in their capacity as such members. A question of
privilege shall have precedence over all questions except a motion to
adjourn. A question of privilege shall not require a second and shall be
decided by the President of Council subject to a right of appeal as set forth
in Rule 27.
(40) Rule 40. Motion that Matter be Taken From Committee. When any
ordinance, resolution or other matter has been referred to a committee, and
the committee to which such has been referred fails by the third next
regular Council meeting from the date of referral to report, or to offer a
valid reason for its failure to report, any member of Council shall have the
right to make a motion that such ordinance, resolution or other matter be
taken from the committee to which such ordinance, resolution or other
matter has been referred and that the same may be laid before Council for
action. Such motion shall be decided without debate, provided that the
member making the motion may state briefly the reasons for the motion.
(41) Rule 41. Motion to Take From Table. A motion to take from the table
shall be in order when that order of business is being transacted in which
such matter to be taken up was laid upon the table, or under the head of
new or miscellaneous business. Such motion shall be decided without
debate, provided the mover may be permitted to state briefly the reasons for
the motion.
(42) Rule 42. Motion to Adjourn. A motion to adjourn shall always be in order
unless Council is engaged in voting on an ordinance, resolution or motion.
ORDINANCES AND RESOLUTIONS.
(43) Rule 43. Introduction. Ordinances and resolutions shall be introduced only
by members of Council, with the name of the sponsor or sponsors endorsed
on the face of such ordinance or resolution, except such ordinances and
resolutions as may be presented to Council upon written recommendation
of some committee of Council. Ordinances and resolutions as may be
presented to Council upon written recommendation of some committee of
Council shall have endorsed thereon as sponsors the names of the members
thereof who assent thereto. Ordinances submitted by the Initiative shall
have endorsed thereon "Submitted by Initiative Petition". Any ordinance
or resolution shall, when introduced, be placed on first reading unless
objection is made thereto by a majority plus one the members of Council.
2015 Replacement
53
Council
(44)
(45)
111.03
Rule 44. Preparation of Legislation. In order that adequate time may be
given to the preparation of legislation, any requests for legislation to be
prepared by the Director of Law shall be submitted to the Director of Law
not later than 5:00 p.m. on the Friday following the last regular Council
meeting preceding the meeting at which such legislation is to be introduced
for first reading, and not later than 5:00 p.m. on the Monday preceding the
meeting at which such legislation is to be introduced for passage under
suspension of the rules. The exception to either of the foregoing shall be
such legislation where investigation and/or unavoidable circumstances exist
and an adequate time for preparation would not otherwise be provided or
where a sudden and unforeseen emergency affecting or likely to affect the
public health, safety or welfare arises subsequent to the aforementioned
days and times. Any legislation and accompanying exhibits and/or
attachments except as hereinafter stated, shall be delivered to the Clerk of
Council no later than the close of business on Tuesday prior to the regular
meeting; otherwise it shall not be included on the agenda. The exception
to this requirement shall be the same as applicable to the preparation of
legislation by the Director of Law provided, however, that any such
legislation within such exception shall be delivered to the Clerk of Council
no later than 12:00 noon the Friday preceding the regular meeting of
Council. All legislation shall be timely reviewed for form and legality of
content by the Director of Law prior to adoption. Violations of any of the
provisions of this Rule shall not invalidate any resolution or ordinance duly
adopted according to the other provisions of these Rules and the Charter.
Rule 45. Legislation. All legislation shall comply with the following rules:
A.
Any legislation originating from a member or members of Council
shall have indicated thereon the name or names of the members of
Council requesting or originating same following the words
"Requested by:"
B.
Any legislation originating from an administrative division, shall
have indicated thereon the name and position of the person
requesting or originating same following the words "Requested by".
All ordinances or resolutions shall state the name or names of the
member or members of Council who is sponsoring same, following
the words "Sponsored by:"
C.
No legislation requested or originated under subsection (a) (45) B.
hereof shall be introduced in Council unless a member of Council
has consented to introduce the legislation.
D.
All ordinances and resolutions introduced in Council shall be
identified and numbered as follows: The first two numbers shall
represent the last two numbers of the respective calendar year
during which such ordinance or resolution was introduced and
which numbers shall be followed by a dash (-), after which shall
appear a number as shall represent the numerical order in which the
ordinance or resolution was introduced during the calendar year.
2015 Replacement
111.03
ADMINISTRATIVE CODE
E.
54
Any member of Council may submit a request, in writing, to the
Clerk of Council to add his/her name to any legislation as a
cosponsor. Upon receipt of such written or oral request, the Clerk
of Council shall insert the name or names of the members of
Council in the order received after the words "Co-sponsored by" on
the legislation. During a vote on adoption of legislation, if a
member of Council votes "no" or "abstains", that member's name
shall be removed by the Clerk of Council as sponsor or co-sponsor
of the legislation prior to posting.
(46) Rule 46. Legislation on for Passage Under Suspension of the Rules. In
arranging "The Agenda", the Clerk shall not include any introductory
legislation in the "On For Passage Under Suspension of Rules and Without
Readings on Three Different Days" portion of "The Agenda", unless the
member of Council, committee of Council, official or department head
originating or requesting such legislation provides the Clerk with a written
statement setting forth in detail the reasons requiring immediate action
thereon. A copy of such statement shall be attached to the legislation and
delivered in accordance with Rule 9 hereof. In the event that such written
statement shall not be timely provided, the Clerk shall include such
legislation in the "First Reading" portion of "The Agenda." Any legislation
included in the "First Reading" portion may not be passed without the
unanimous consent of all members elected to Council present.
(46-1) Rule 46-1. Legislation on for Passage Second Reading Suspension of the
Rules. In arranging "The Agenda", the Clerk shall not include any
legislation in the "Second Reading Suspension of the Rules" portion of "The
Agenda", unless the committee of Council to which the legislation was
referred has so recommended and the Administrative Department Head or
the Mayor has also provided the Clerk with a written statement setting forth
in detail the reasons requiring immediate action thereon, said statement to
be agreed to by a roll call vote by the majority of members present voting
in favor of the recommendation. A copy of such statement shall be attached
to the legislation and delivered in accordance with Rule 9 hereof. In the
event such written statement shall not be timely provided, the Clerk shall
include such legislation in the "Second Reading" portion of "The Agenda".
(47) Rule 47. Form of Ordinances and Resolutions. The enacting clause of all
ordinances and resolutions shall be "Be it ordained (resolved) by the
Council of the City of Fairview Park, County of Cuyahoga, and State of
Ohio". No ordinance or resolution or section thereof shall be revised or
amended unless the new ordinance or resolution contains the entire
ordinance or resolution, or section revised or amended, and the original
ordinance, resolution, section or sections so amended shall be repealed. No
ordinance or resolution shall contain more than one subject, which shall be
clearly stated in its title. The determination as to whether the ordinance or
resolution contains more than one subject shall be that of Council alone.
(48) Rule 48. Emergency Ordinances and Resolutions. If an emergency
ordinance or resolution fails to receive an affirmative majority plus one vote
of all members elected to Council, such measure shall cease to be before
Council as an emergency measure and shall have the standing that a
measure would have had if it had not been read as an emergency measure.
2015 Replacement
55
Council
(49)
(50)
111.03
Rule 49. Voting. and Form of Legislative Action.
A.
Any action of Council shall be by ordinance, resolution or motion,
and the voting upon such ordinance, resolution or motion shall be
by roll call, and the vote of each member of Council shall be
entered upon the journal.
B.
All legislative action by Council shall be by ordinance or resolution
introduced in written or printed form. An affirmative vote of at
least a majority of the members of Council elected to Council shall
be required for the passage or enactment of every ordinance or
resolution. Unless otherwise provided herein, every ordinance or
resolution shall be read at three different Council meetings, unless
a majority plus one of the members elected to Council dispense
therewith in which event such ordinance or resolution shall be read
at least once before passage. Every ordinance or resolution shall be
deemed to have been read on the first reading thereof if the title of
the ordinance or resolution is fully and distinctly read if a written or
printed copy of the ordinance or resolution shall have been
furnished to each member of Council prior to its introduction unless
two or more members of Council request the ordinance or
resolution be read in full. Every ordinance or resolution shall be
deemed to have been read on the second and third readings thereof
if the title of the ordinance or resolution is fully and distinctly read
unless two or more members of Council request the ordinance or
resolution be read in full. Should any member of Council request
that the ordinance or resolution be read in full, such request to be
made after the Clerk of Council has read the title of the ordinance
or resolution, the President of Council shall forthwith and prior to
the consideration of further business, inquire as to whether any
other member of Council concurs in the request. If any other
member of Council concurs in the request, the Clerk of Council
shall read the ordinance or resolution in full prior to the
consideration of further business. If no other member of Council
concurs in the request, the ordinance or resolution shall not be read
in full and Council may proceed to the consideration of further
business including the question of adoption of the ordinance or
resolution.
Rule 50. Effective Date of Ordinances and Resolutions. Each ordinance
or resolution providing for the appropriation of money, for an annual tax
levy or for improvements petitioned for by the owners of a majority of the
front footage of property to be benefited and specially assessed therefor,
and any emergency ordinance or resolution necessary for the immediate
preservation of public peace, health or safety, shall take effect, unless a
later date be specified therein, upon its approval by the Mayor, or upon the
expiration of the time within which it may be vetoed by the Mayor, or
upon its passage after veto by the Mayor, as the case may be. No other
ordinance or resolution shall become effective until forty (40) days after its
approval by the Mayor or upon the expiration of the time within which it
may be vetoed by the Mayor, or upon its passage after veto by the Mayor,
as the case may be.
2015 Replacement
111.03
ADMINISTRATIVE CODE
56
Each emergency measure shall contain therein a statement of the necessity
for such emergency action, and shall require the affirmative vote of a
majority plus one of the members elected to Council for its enactment. No
action of Council authorizing the surrender or joint exercise of any of its
powers, or in granting any franchise, or rezoning ordinance or amendment
or repeal of any zoning ordinance, shall be designated an emergency
measure or enacted under a suspension of rules.
(51) Rule 51. Enactment of Zoning Ordinances. Enactment of Zoning
ordinances and regulations and notice thereof shall be in accordance with
the applicable provisions of the Charter and applicable provisions of the
Codified Ordinances of the City.
(52) Rule 52. Roll Call; Seating Order. For all roll calls in matters before
Council, the Clerk of Council shall call the roll of members in order from
the member of Council seated to the furthest right of the President of
Council to the furthest left. The seating order of the members of Council
and the Clerk of Council shall be in the following order beginning with the
seat to the furthest right of the President of Council: Council Wards 1
through 3, the Clerk of Council, the President of Council, Council Wards
4 and 5 and Council-at-Large. Reports of committees (Rule 8 A.7.) and
Miscellaneous Business and Comments (Rule 8 A. 12.) shall be given or
made in the same order except that such from the President of Council shall
be given or made after all other members of Council.
(53) Rule 53. Reference to Committee. All ordinances, resolutions,
communications or other matters shall be read on the day introduced or
presented except as provided in Rule 43 and shall be referred to committee
by the President of Council, which reference shall be forthwith announced.
The committee to which reference is made, after due consideration and at
least one meeting which shall be open to the public, except as otherwise
provided by law, shall report the same back with or without proposed
amendments and with recommendation for approval or disapproval. When
so reported, such ordinance, resolution, communication or other matter
shall be read a second time and, except as provided in Rule 56, laid over
until the next meeting of Council when it shall be read a third time and a
vote taken thereon. No ordinance, resolution, communication or other
matter shall be enacted or otherwise adopted or further action taken thereon
without first having been referred to committee and reported upon, except
for a resolution of condolence or congratulations or an ordinance, resolution
or other matter included in the "On For Passage Under Suspension of the
Rules and Without Readings on Three Different Days" portion of "The
Agenda."
(53-1) Rule 53-1. Re-reference to Committee. Any pending legislation,
communication or other matter may, by the President of Council or by a
vote of a majority of the members elected to Council present and voting, be
re-referred to any committee to which previously referred under these rules,
or to any appropriate committee with jurisdiction over the subject matter
designated in the motion to re-refer. When referred back to Council, such
legislation, communication or other matter shall have the same standing as
it had at the time when re-referred. Such legislation, communication or
other matter shall be subject to the provisions of Rule 17 and Rule 55.
2015 Replacement
57
Council
(54)
(55)
111.03
Rule 54. Reference to More Than One Committee. Whenever any pending
matter is referred to more than one committee for consideration and report,
such committees may consider the same in joint session as a Joint
Committee, if the Chair of the committees concerned consent thereto. The
Chair of the committee first named shall preside at such joint sessions, and
each member of the Joint Committee shall have one vote for each
committee of which they are a member composing the Joint Committee. A
majority of the members of each of the separate committees shall constitute
a quorum of such committee and the vote shall be taken by roll call of each
of the separate committees constituting the Joint Committee. Its report shall
be made in the same manner and under the same rules as reports are made
by standing committees.
Rule 55. Relieving Committees.
A.
Any committee or committees to which an ordinance, resolution,
communication or other matter has been referred by the Presiding
Officer under Rule 53, without specific motion to commit, may be
relieved of further consideration of such legislation, communication
or other matter by a motion duly made and adopted by a majority
plus one vote of the members elected to Council; provided a
majority vote of the members elected to Council present and voting
shall be sufficient to relieve a committee if notice of the intention to
relieve such committee or committees of further consideration of
said legislation, communication or other matter has been made at the
meeting preceding the meeting at which such motion is made.
B.
Any committee to which an ordinance, resolution, communication
or other matter has been referred by motion to commit or recommit
may be relieved of further consideration of such legislation,
communication or other matter at the next meeting following the
meeting at which such legislation was referred by a motion to
reconsider the vote to commit or recommit as the case may be,
which motion shall require only a majority vote of the members
elected to Council present and voting; and at any time subsequent
to the meeting next succeeding the meeting at which such
legislation, communication or other matter has been committed or
recommitted, the procedure to relieve the committee shall be as
provided in subsection (a)(55)A. hereof.
C.
In the event any committee is relieved of further consideration
pursuant to either subsection (a)(55)A. or B. hereof, such
ordinance, resolution, communication or other matter shall be
placed on the Calendar Agenda at the next succeeding regular
meeting of Council, unless otherwise directed by Council.
2015 Replacement
111.03
ADMINISTRATIVE CODE
(56)
(57)
2015 Replacement
58
Rule 56. Three Readings. Copies of all first reading legislation to be
introduced for passage under suspension of the Rules and without reading
on three different days shall be delivered to each member of Council either
personally or at their residence address, or transmitted by electronic means,
at least two days prior to the date of introduction. No motion to suspend
the Rule that first reading legislation be read on three different days shall
be entertained unless the reason for the suspension is set forth in accordance
with Rule 46 by the member making such motion or the official or the
Director of the department involved. When it is desired to suspend Rule 49
and Rule 53, in order to permit the passage of legislation upon introduction,
the question on the motions for suspension shall be as follows:
"Shall the Charter provision and Rule 49 requiring reading on three
different days be dispensed with?" If a majority plus one of the members
elected to Council, vote "yes", the Charter and the Rule provisions
requiring reading on three different days shall be suspended and the
question on the motion to suspend Rule 53 shall be as follows: "Shall Rule
53 requiring reference to Committee be dispensed with and (Ordinance No.
- ) (Resolution No. - ) be placed on final passage?" If a majority plus one
of the members of Council present and voting vote "yes", the Rule
requiring reference to Committee shall be suspended. Both motions set
forth in this paragraph shall be debatable as to the propriety of same but not
upon the merits of the legislation. Copies of all second reading legislation
to be placed for passage under suspension of the Rules and without reading
on three different days shall be delivered to each member of Council either
personally, or at their residence address, or transmitted by electronic
means, two days prior to the date of second reading. No motion to suspend
the rule that second reading legislation be read on three different days shall
be entertained unless the reason for the suspension is set forth in accordance
with Rule 46-1 by the committee recommending such motion. When it is
desired to suspend Rule 49, in order to permit the passage of legislation
upon second reading, the question on the motion for suspension shall be as
follows: "Shall the Charter provision and Rule 49 requiring reading on
three different days be dispensed with?" If a majority plus one of the
members elected to Council, vote "yes", the Charter and Rule provisions
requiring reading on three different days shall be suspended. The motion
set forth in this paragraph shall be debatable as to the propriety of same but
not upon the merits of the legislation.
Rule 57. Appropriation Ordinances and Resolutions. Ordinances or
resolutions making appropriations shall be confined to the subject of
appropriations and must include a fund number from which it will be paid.
No money shall be appropriated except by ordinance or resolution. All
ordinances or resolutions for fixing a tax rate, the appropriation of money,
the issuance of bonds, the transfer of money to any fund, or the payment
of claims, and all resolutions and ordinances whereby the City shall become
liable for the payment of any money, shall be referred without debate to
the Committee on Finance for consideration and report.
59
Council
(58)
(59)
(60)
(61)
111.03
Rule 58. Substitute Legislation. Legislation dealing with the same subject
matter may be substituted for any pending ordinance or resolution by a
majority vote of the members elected to Council present and voting, upon
the recommendation of any committee to which such legislation has been
referred. Substitute legislation shall be subject to all the provisions of the
Charter, ordinances and rules applying to ordinances or resolutions to be
placed on first reading, and the legislation for which such substitute is
offered shall be laid upon the table permanently as a final disposition
thereof. Before accepting for introduction any substitute legislation, the
sponsor or sponsors of the original legislation shall be given written notice
thereof by the Clerk of Council.
Rule 59. Ordinances Fixing Fines and Penalties. All ordinances imposing
fines, penalties, forfeiture or imprisonment shall be referred to the
appropriate standing committee of Council as provided for in Rule 14, and
the Director of Law shall be asked to give an opinion thereon.
Rule 60. Approval of Ordinances and Resolutions. Every ordinance
passed or resolution adopted shall be signed by the President of Council or
other Presiding Officer and presented promptly to the Mayor by the Clerk
of Council. If the Mayor approves such ordinance or resolution, the Mayor
shall sign and return it to the Clerk of Council within ten days after its
passage or adoption by Council, but if the Mayor does not approve it, he
the Mayor shall return it to Council within such ten days with his or her
written objections by delivery to the Clerk of Council. The Mayor's
objections shall be read at the next Council meeting and be entered in full
on the journal of Council. The Mayor may approve or disapprove the
whole or any item of an ordinance or resolution appropriating money, but
otherwise his or her approval or disapproval shall be addressed to the entire
ordinance or resolution. If the Mayor does not return an ordinance or
resolution within the time limited in this Rule, it shall take effect in the
same manner as if he or she had signed it. When the Mayor disapproves
an ordinance or resolution or any part thereof, and returns it to the Council
with his or her objections, Council shall, not later than the next regular
meeting, reconsider it and, if such ordinance, resolution or item, upon such
reconsideration, is approved by the vote of at least a majority plus one
members elected to Council, it shall take effect at the time of the vote of
approval or at such later time as may be specified in such ordinance,
resolution or item.
Rule 61. Adoption of Ordinances by Reference. Council may adopt
standard ordinances and codes prepared by public or private agencies on
such matters as fire prevention, building construction, electric wiring,
plumbing, heating, ventilating and air conditioning by reference to the date
and source of the code without reproducing the same at length in the
ordinance. In all such cases, publication of the code at length by the City
shall not be required. In any such instance at least ten copies of such code
shall be kept in the Building Department for reference by interested parties,
and copies shall be available for sale by the Clerk of that division.
2015 Replacement
111.03
ADMINISTRATIVE CODE
VII.
60
ADMINISTRATIVE OFFICERS.
(62) Rule 62. Attendance Required. The Mayor, the Directors of all
departments and the City Engineer should attend the regular and special
meetings of Council and shall be provided with seats on the floor of the
Council Chamber. They shall, subject to the provisions of Rule 5, answer
such questions relating to the affairs of the City under their respective
supervision and control as may be put to them by any member of Council.
The Mayor shall make such recommendations in writing to Council for the
welfare of the City as seem wise. The Mayor, the Directors of all
departments, Building Commissioner, City Engineer, the Police Chief and
the Fire Chief, or their respective designees, should be available to attend
committee meetings as required by Council.
(63) Rule 63. Reports of City Officers. All ordinances, resolutions and
communications pertaining to matters that come under the supervision and
control of the Mayor and the Directors of departments shall, in addition to
being referred to the proper committees, be also referred to such respective
administrative officers for recommendation and report. No later than thirty
days after reference to the administrative officer or officers, as the case may
be, each ordinance, resolution or communication so referred shall be
returned to the Clerk of Council with the endorsement of each
administrative officer's approval, disapproval or recommended changes of
such matter so referred; if response is not received within thirty days,
Council shall assume that approval is granted. It shall be the duty of the
President of Council to enforce this rule rigidly. The Clerk shall use all
diligence in seeing that departments, commissions and boards to which
measures are referred, return them to the Clerk's office within the time
fixed herein or the time fixed by Charter should a longer period of time be
allowed therein.
(64) Rule 64. Report or Status on Pending Measures. The Clerk of Council
shall keep the members of Council informed regarding the status of pending
ordinances and resolutions. All ordinances and resolutions to be acted upon
by committees or the Council shall be in the hands of the Clerk as
prescribed in Rule 44.
(65) Rule 65. Approval of Council of Appointments by Mayor. Whenever the
approval of Council is required for appointments by the Mayor, the
President of Council, upon written request of the Mayor for approval of any
appointment, shall forthwith refer the name of each person whose
appointment is submitted for approval of Council to the Committee of the
Whole. Not later than the next regular meeting of Council following such
reference, the committee shall report to Council its recommendation
thereon. Thereupon Council, as part of the appropriate order of business,
shall proceed to vote upon the approval of each appointment, the question
being "Shall the Council approve the appointment by the Mayor?" Except
as provided by the Charter or an ordinance or resolution specifically
applicable to the appointment in question, if a majority of all the members
elected to Council eligible to vote, vote "yes", the Council shall approve
such appointment.
2015 Replacement
61
Council
111.03
(66)
Rule 66. Reports from Mayor and City Officials. All reports from the
Mayor and City officials suggesting or recommending action by Council on
any matter not referred to the source of such report by Council, or not
otherwise provided for by the Rules of Council, shall be submitted in
writing to the President of Council, who shall refer the same to the standing
committee to which such suggestion or recommendation is most closely
related. Such standing committee shall consider the suggestion or
recommendation thus referred to it and report thereon to Council without
unnecessary delay. Such consideration shall be subject to the provisions of
Rule 17, Rule 53 and Rule 55.
VIII. COUNCIL CHAMBER.
(67) Rule 67. Use of Council Chamber. The Council Chamber shall be used
only for meetings of Council or committees thereof, except where the
President of Council authorizes its use by persons other than City Officials,
when the Chamber is not in use by Council or its committees. The Clerk,
with the written approval of the President of Council, may permit the other
public officials to use the Council Chamber on public business, when not
in use by the Council or its committees. The Clerk of Council shall notify
all members of Council when the Council Chamber shall be used by
persons or other City officials pursuant to this Rule.
(68) Rule 68. Privileges of Floor. While Council is in session, no person
except members of Council, officers named in the Rules, and persons
invited by the President of Council, or by vote of Council, shall be admitted
within the bar of the Council Chamber, and the Presiding Officer shall
cause this Rule to be rigidly enforced.
IX.
RULES - SUSPENSION - AMENDMENT AND OTHER.
(69) Rule 69. Suspension of Rules. Any provision of these Rules may be
suspended at any meeting of Council, by a majority vote of the members of
Council present and voting, except when a greater number is required by
law, by the Charter or by the Rules. The vote on any such suspension shall
be taken by "yes" and "no" and entered upon the journal. In case Council
takes action on any measure or in the case any Rule shall not have been
adhered to by Council the same shall be regarded as having been
suspended.
(70) Rule 70. Other Rules. Except as herein otherwise provided, the
proceedings of Council shall be governed by the Charter and the Codified
Ordinances of the City of Fairview Park, the Ohio Revised Code, and
Robert's Rules of Order, and it shall be the duty of the Presiding Officer to
adhere to and enforce such Rules. In case of conflict or questions as to the
powers of Council, or any member thereof, the Charter shall prevail, any
provision to the contrary notwithstanding herein.
2015 Replacement
111.03
ADMINISTRATIVE CODE
(71)
(72)
(73)
(74)
2015 Replacement
62
Rule 71. Investigations. Council may with or without notice cause the
affairs of any department, division or office or the conduct of any officer
or employee of the City to be examined. Council shall have the power to
compel the attendance of witnesses, the production of books, papers and
other evidence, and to cause witnesses to be punished for contempt as is
conferred by law. Council may, by ordinance or resolution duly adopted,
retain the services of such experts as it deems necessary and appropriate to
assist it or any committee thereof in the discharge of legislative duties and
powers. Council may, by ordinance or resolution duly adopted, authorize
the creation of advisory groups and commissions composed in whole or in
part of private citizens as it deems necessary and appropriate to assist it or
any committee thereof in the discharge of legislative duties and powers, the
composition, term and purpose of which shall be specified in the ordinance
or resolution. Any committee of Council may determine to conduct an
investigation of any matter or subject within the jurisdiction of the
committee as set forth in Rule 14 without there having first been a reference
of same to the committee by either the President of Council or by a duly
adopted motion of Council to refer provided the matter or subject had not
been previously referred to another committee.
Rule 72. Vacancy in Office.
A.
Whenever any office of Councilman becomes vacant, the vacancy
shall be filled for the unexpired term by majority vote of the
remaining members of Council. If the vacancy is not so filled
within thirty days, the Mayor shall fill it by appointment.
B.
When there is a vacancy in the office of Councilman which has not
been filled in accordance with subsection (a)(73)A. hereof, a
quorum shall consist of a majority of all the remaining members of
Council.
Rule 73. Resignation.
A.
The resignation of a member of Council shall not take effect until
the same has been accepted by a vote of the majority of the
members of Council eligible to vote, exclusive of the person
tendering the resignation, unless otherwise in effect by law.
B.
If a vacancy shall occur as a result of the foregoing contingency, it
shall then be filled as other vacancies in Council, in accordance with
Article IV, Section 5 of the Charter.
Rule 74. Removal. Council shall be the judge of the election and
qualifications of its own members, including the President of Council.
Council may, by at least majority plus one vote of the members elected to
Council, expel or remove any member, including the President of Council,
for gross misconduct, malfeasance, nonfeasance, misfeasance in or
disqualification for office; for violation of his or her oath of office; for the
conviction while in office of a crime involving moral turpitude; for
persistent failure to abide by the rules of Council, or for absence without
justifiable excuse from three consecutive regular meetings. Prior to any
such action by Council, the accused member shall be notified in writing of
the charge against him or her at least ten days in advance of any hearing
upon such charge, and he or she and his or her counsel shall be given an
opportunity to be heard, present evidence or examine under oath any
witness appearing in support of such charge.
63
Council
(75)
(76)
111.04
Rule 75. Amending Rules. These Rules may be amended, or new Rules
adopted, by a majority vote of all the members elected to Council, on the
report of the appropriate standing committee of Council as provided for in
Rule 14 for such purpose, provided the proposed amendments or new Rules
shall have been referred to such committee in a preceding regular meeting.
Rule 76. Continuity of Rules. These Rules shall constitute and serve as the
Rules of Council for Council unless amended or new Rules adopted.
(Ord. 15-21. Passed 6-15-15.)
111.04 CHARTER AMENDMENT PROPOSED BY COUNCIL; PREPARATION
AND DISSEMINATION OF ARGUMENTS.
(a)
When the Council adopts an ordinance or resolution proposing an amendment to
the Charter of the City, it shall by resolution designate a group of members who voted in support
of or voiced support of the ordinance or resolution to prepare arguments for the proposed
amendment, and a group of members who voted in opposition to or voiced opposition to the
ordinance or resolution to prepare arguments against the proposed amendment. If no members
voted in opposition to or voiced opposition to the ordinance or resolution, Council shall designate
a group of persons known to oppose the amendment to prepare such arguments. All arguments
shall be filed with the Clerk of Council no later than forty-five days before the date of election.
No argument shall exceed two hundred words.
(b)
The Clerk of Council shall disseminate information, which may include part or all
of the official explanation and which shall include the arguments concerning the proposed
amendment, by means of written publication, direct mail or such other means, or combination of
means, as the Council may direct, in order to inform the voters as fully as possible concerning
proposed amendments to the Charter of the City. The cost of such dissemination shall be paid by
the Director of Finance out of funds appropriated for that purpose upon receipt of a voucher from
the Clerk of Council. The voucher shall verify that the cost was incurred in fulfillment of the duty
imposed by this section.
(c)
The provisions of this section shall not be applied or construed so as to prevent or
prohibit any member of Council or any other person from disseminating information and
arguments regarding amendments to the Charter proposed by Council at the cost of the member
of Council or any other person provided such information and arguments otherwise comply with
law. (Ord. 91-12. Passed 4-15-91.)
(Editor’s Note: The next printed page is page 71.)
2015 Replacement
71
CHAPTER 113
Ordinances, Resolutions and Contracts
113.01 Requirements for legal
publication in newspaper.
113.02 Preference for Americanmade products.
113.03 Participatory and cooperative
purchase agreements.
113.04 Purchase of recycled paper.
113.045 Purchase of products with
recycled content; preference.
113.05 Award of contracts to lowest
responsive and responsible
bidders.
CROSS REFERENCES
Contract interest - see CHTR. Art. IV, §2; ADM. Ch. 109
Form and publication of legislative action - see CHTR. Art. IV,
§11; ADM. 111.07
Effective dates - see CHTR. Art. IV, §12; ADM. 111.08
Advertising contracts - see CHTR. Art. IV, §13
Enactment of zoning ordinances - see CHTR. Art. IV, §14;
P. & Z. Ch. 1157
113.01 REQUIREMENT FOR LEGAL PUBLICATION IN NEWSPAPER.
Whenever any legal publication or notice is required by the Charter, City Ordinances, or
by virtue of the laws of the State to be made in a newspaper of general circulation in the City, such
legal publication or notice shall be made in either the Plain Dealer, the Sun-Herald, the West Life
or any other newspaper of general circulation in the City.
(Ord. 89-8. Passed 3-6-89.)
113.02 PREFERENCE FOR AMERICAN-MADE PRODUCTS.
(a)
The purpose of this section is to require the procurement of domestic source end
products for public use except as otherwise provided in this section. This section shall not be
construed so as to impair the ability of the City to reject all bids, offers and proposals, award
partial bids, offers and proposals, and rebid, re-request and resolicit if it is deemed in the best
interest of the City to do so.
2015 Replacement
113.02
ADMINISTRATIVE CODE
72
(b)
Unless the Board of Control when public bidding, public solicitation for offers or
public request for proposals is required shall determine it to be inconsistent with the public
interest, or the price to be excessive, only such unmanufactured end products as have been mined
or produced in the United States, and only such manufactured end products as have been
manufactured in the United States substantially all from components mined, produced or
manufactured, as the case may be, in the United States shall be acquired for public use by the City.
The requirements of this section shall not apply if the end products of the class or kind to be used
or the components from which they are manufactured are not mined, produced or manufactured,
as the case may be, in the United States in sufficient and reasonably available commercial
quantities or of a satisfactory quality or where there is not sufficient competition in the United
States.
(c)
Bids or offered prices shall first be evaluated to determine that a bid or offered price
is for a domestic source end product. Any bid, proposal or offer that does not meet this
requirement shall be rejected, except in those circumstances where the Board determines that
certain end products, or any component thereof, are not mined, produced or manufactured in the
United States in sufficient and reasonably available commercial quantities or of a satisfactory
quality or where there is not sufficient competition in the United States. Where the preliminary
analysis by the Board identifies the apparent lowest and best bid, proposal or offer as one other
than a domestic source end product bid, proposal or offer, the Board shall consider:
(1)
Whether the end product can be acquired in the United States in sufficient
and reasonably available quantities and of a satisfactory quality;
(2)
Whether the lowest and best domestic bid, proposal or offer offers an
excessive price;
(3)
Whether a domestic bid, proposal or offer has been submitted to the City;
(4)
Whether the lowest and best domestic bid, proposal or offer offers an end
product of an unsatisfactory quality; and
(5)
Whether there is sufficient competition within the United States.
Where the Board determines that selection of the lowest and best domestic source end
product bid, proposal or offer will not result in an excessive price to the City or the acquisition
of an end product of an unsatisfactory quality, and that the exceptions to the requirements of this
section as hereinbefore set forth do not apply, the contract shall be awarded to the lowest and best
bidder or offeror of a domestic source end product. Where the Board determines that selection of
the lowest and best domestic source end product bid, proposal or offer will result in an excessive
price to the City or the acquisition of an end product of an unsatisfactory quality or that one or
more of the exceptions to the requirements of this section as hereinbefore set forth do apply, the
Board shall award the contract to the lowest and best bidder or offeror without regard to the
provisions of this section.
(d)
All invitations to bid, requests for proposals and solicitations for offers shall require
the bidder or offeror to complete and attest to the following:
"The bidder (or offeror) hereby certifies that each end product, except the end
products listed below, is a domestic source end product and that components of an
unknown origin have been considered to have been mined, produced or
manufactured outside the United States."
2015 Replacement
73
Ordinances, Resolutions and Contracts
113.02
(e)
In any case in which it is determined that the acquisition of domestic source end
products would be inconsistent with the public interest, or the price to be excessive, the Board
shall submit a written report of the facts of each case in which such determination is made within
ten days thereafter to Council.
(f)
If the Board which has authorized any contract containing the requirements of this
section finds that in the performance of such contract there has been a failure to comply with such
requirements, the Board shall make public its findings, including therein the name of the obliger
under such contract, and no other contract for the acquisition of end products shall be awarded to
such obliger or to any person with which the obliger is associated or affiliated within a period of
three years after such finding is made public.
(g)
As used in this section:
(1)
"Components" means those articles, materials and supplies which are
directly incorporated in end products.
(2)
"Domestic bid" means a bid or offered price for a domestic source end
product, including transportation to destination.
(3)
"Domestic source end product" means an unmanufactured end product
which has been mined or produced in the United States, or an end product
manufactured in the United States if the cost of its components which are
mined, produced or manufactured in the United States exceeds fifty percent
(50%) of the cost of components. The cost of components shall include the
transportation costs to the place of incorporation into the end product and,
in the case of components of foreign origin, duty. A component shall be
considered to have been mined, produced or manufactured in the United
States if the end product in which it is incorporated is manufactured in the
United States and the component is of a class or kind:
A.
Determined by the Board to be not mined, produced or
manufactured in the United States in sufficient and reasonably
available commercial quantities or of satisfactory quality; or
B.
As to which the Board has determined that it would be inconsistent
with the public interest to require.
(4)
"End products" means articles, materials, supplies and equipment to be
acquired for public use, as specified in the contract, including articles,
materials, supplies and equipment to be acquired for public use in
connection with service contracts, whether of a manufactured or of an
unmanufactured nature, and whether to be acquired by purchase, lease or
lease with an option or agreement to purchase. In determining whether an
end product is a "domestic source end product" only the end product and
its components, if any, shall be considered.
(5)
"Excessive price" means a price that exceeds by more than five percent
(5%) of the sum or offered price, including duty, of end products of foreign
origin. When more than one line item is offered in response to an invitation
to bid, request for proposals or solicitation for offers, the factor of five
percent (5%) may be applied to any item or group of items as to which the
invitation to bid, request for proposals or solicitation for offers specifically
provides that award is to be made on a particular item or group of items.
2015 Replacement
113.03
ADMINISTRATIVE CODE
(6)
(7)
(8)
(9)
(10)
(11)
74
"Foreign bid" means a bid or offered price for a foreign end product,
including transportation to destination and duty.
"Foreign end product" means an end product other than a domestic source
end product.
"Inconsistent with the public interest" means the end product offered is of
an unsatisfactory quality, or can not be acquired in sufficient and reasonably
available quantities or there is not sufficient competition within the United
States.
"Scrap" generated in, collected in and prepared for processing in the United
States shall be considered as a domestic source end product/component.
“Sufficient competition" means two or more qualified bids or offered prices
from bidders or offerors not owned or controlled, directly or indirectly, by
the same interests, that offer domestic source end products.
"United States" means any state, district, commonwealth, territory, insular
possession thereof, and any area subject to the legislative authority of the
United States of America.
(Ord. 86-21. Passed 5-4-87.)
113.03 PARTICIPATORY AND COOPERATIVE PURCHASE AGREEMENTS.
(a)
State. Subject to Section 113.02, the Mayor is hereby authorized to participate in
contracts with the Department of Administrative Services, Office of State Purchasing, of the State
of Ohio for the purchase, lease or lease with an option or agreement to purchase articles, supplies,
services, materials and equipment as may be required for municipal use under such contract terms
and conditions as may be prescribed by the Department. The City shall directly pay the vendor
or lessor under each such purchase contract for items it receives pursuant to the contract.
(b)
County. Subject to Section 113.02, the Mayor is hereby authorized to participate
in contracts with the Regional Planning Commission of Cuyahoga County for the purchase, lease
or lease with an option or agreement to purchase articles, supplies, services, materials and
equipment as may be required for municipal use by the City under such contract terms and
conditions as may be prescribed by the Commission. The City shall directly pay the vendor or
lessor under each such purchase contract for items it receives pursuant to the contract. As used in
this subsection, the term services includes the purchase of liability insurance.
(c)
Other Municipalities and School Districts. Subject to Section 113.02, the Mayor
is hereby authorized to participate in contracts with other cities, villages and townships and with
school districts for the purchase, lease or lease with an option or agreement to purchase articles,
supplies, services, materials and equipment as may be required for municipal use by the City
under such contract terms and conditions as may be agreed to. The City shall directly pay the
vendor or lessor under each such purchase contract for items it receives pursuant to the contract.
As used in this subsection, the term services includes the purchase of liability insurance.
(Ord. 86-21. Passed 5-4-87.)
2015 Replacement
75
Ordinances, Resolutions and Contracts
(d)
113.04
Westshore Council of Governments.
(1)
Subject to Section 113.02, the Mayor is hereby authorized to join with the
Westshore Council of Governments in issuing invitations to bid and request
for proposals, as determined by the appropriate officials of the Westshore
Council of Governments for vehicles, equipment, operating supplies,
materials, services and such other equipment and supplies as may be
deemed beneficial by the Westshore Council of Governments and the
Mayor for collective bidding.
(2)
Subject to Section 113.02, the Mayor is hereby authorized to sign
invitations to bid or requests for proposals in the name of the City and to
be bound by all contract terms and conditions as the Westshore Council of
Governments shall prescribe in such collective procurement procedures and
any contracts or agreements resulting from such procedures.
(3)
The Mayor is hereby authorized to agree, in the name of the City, to pay
directly the vendor or through the Westshore Council of Governments
under each such collective purchasing agreement in which it participates,
for items or services it received pursuant to such contracts or agreements,
and the Director of Finance is hereby authorized to make such payments.
(e)
Any and all participatory or cooperative contract or purchasing agreement
authorized by this section shall be subject to the approval of Council by individual resolution of
Council. (Ord. 90-91. Passed 10-1-90.)
113.04 PURCHASE OF RECYCLED PAPER.
(a)
As used in this section:
(1)
"Recycled paper" means a paper product with not less than fifty percent
(50%) of its total weight consisting of secondary and postconsumer waste
and with not less than twenty-five percent (25%) of its total weight
consisting of postconsumer waste.
(2)
"Postconsumer waste" means a finished material, including paper,
paperboard and other fibrous wastes generated by a household, business or
other consumer, which would normally be disposed of as solid waste having
completed its life cycle as a consumer item or having served its intended
end use.
(3)
"Secondary waste" means fragments of products or finished products of a
manufacturing process which has converted a virgin resource into a
commodity of real economic value, and including postconsumer waste and
other material generated after completion of the papermaking process such
as envelope cuttings, bindery trimmings, printing waste, cutting and other
converting waste, butt rolls and mill wrappings, but not including mill
broke, wood slabs, chips, sawdust or other wood residue from the
manufacturing process. "Secondary waste" also includes finished paper and
paperboard from obsolete inventories of paper and paperboard
manufacturers, wholesalers, dealers, merchants, printers and convertors.
(Ord. 91-87. Passed 10-7-91.)
2015 Replacement
113.045
ADMINISTRATIVE CODE
(4)
76
"Reasonably" competitive means a comparable recycled product with a cost
premium of no greater than five percent (5%) over the lowest bid of price
quoted by suppliers offering nonrecycled paper products.
(b)
When purchasing or otherwise obtaining paper products, the City shall, whenever
the price is reasonably competitive and the quality is that intended, purchase the recycled paper.
(Ord. 91-87. Passed 10-7-91.)
(c)
Information on the recycled content shall be requested on all bids or quotes for
paper products issued by the City and on other bids or quotes for products which could have
recycled contents such as oil, plastic products, compost materials, aggregate, solvents and rubber
products. (Ord. 89-5. Passed 6-19-89.)
113.045 PURCHASE OF PRODUCTS WITH RECYCLED CONTENT;
PREFERENCE.
(a)
In addition to the provisions of Section 113.04, the Board of Control shall adopt
procurement procedures and contract specifications that:
(1)
Eliminate discrimination against the procurement of equipment, materials
and supplies with recycled content;
(2)
Encourage the procurement of equipment, materials and supplies with
recycled content;
(3)
Ensure, to the maximum extent economically feasible, that equipment,
materials and supplies procured by the City may be recycled or reused after
having served its intended end use;
(4)
Require equipment, materials and supplies to contain a specified minimum
percentage of recycled content to the extent that such equipment, materials
and supplies are commercially reasonably available;
(5)
To the maximum extent possible, procure equipment, materials and supplies
with recycled content from vendors and suppliers who agree to purchase
recyclable materials from the City for recycling or reuse.
(b)
The Board of Control shall prescribe criteria and procedures that give preference
to recycled content which shall include:
(1)
Information to be submitted by bidders as to the percentage of recycled
content;
(2)
Waivers on a contract by contract basis when a preference for equipment,
materials or supplies with a recycled content requirement would result in
the payment of a price which is not reasonably competitive or the
procurement of a disproportionately inferior product.
(c)
Any contract specification that requires the procurement of equipment, materials
or supplies with a minimum percentage of recycled content shall require the Board of Control to
evaluate the bids received in accordance with the provisions of subsections (a) and (b) hereof. In
calculating the lowest responsive and responsible bid, the Board of Control shall reduce a bidder's
actual bid price by one percent (1%) for every ten percent (10%) of recycled content in excess of
the minimum recycled content required by the contract specifications. Any bidder who is awarded
a contract following the calculation set forth herein shall be paid the actual bid price.
2015 Replacement
77
Ordinances, Resolutions and Contracts
(d)
113.05
As used in this section:
(1)
"Recyclable materials" means materials that have served their intended end
use which are to be subsequently collected, separated or processed for
re-use as raw materials or finished products.
(2)
"Recycled content" means that portion of equipment, materials and supplies
that consist of recyclable materials.
(3)
"Reasonably competitive" means a comparable recycled product with a cost
premium of no greater than five percent (5%) over the lowest bid of price
offering nonrecycled products or products which do not have the recycled
content required by the contract specifications.
(e)
When purchasing or otherwise obtaining equipment, materials and supplies, the City
shall, whenever the price is reasonably competitive and the quality is that intended, purchase the
equipment, materials and supplies with the recycled content.
(Ord. 91-87. Passed 10-7-91.)
113.05 AWARD OF CONTRACTS TO LOWEST RESPONSIVE AND
RESPONSIBLE BIDDERS.
(a)
Subject to Section 113.02, any expenditure required to be made pursuant to contract
by Article VIII, Section 6 of the Charter shall be made with the lowest responsive and responsible
bidder. A bidder on a contract shall be considered as responsive if the bid responds to bid
specifications in all material respects and contains no irregularities or deviations which would
affect the amount of the bid or otherwise give the bidder a competitive advantage. In determining
whether a bidder on a contract is responsible, the experience, financial condition, conduct and
performance on prior contracts, facilities, management skills and the ability to execute the contract
of the bidder shall be considered. An apparent low bidder found not to be responsive and
responsible shall be notified by the Board of Control of that finding and the reasons for it. The
notification shall be given in writing and by certified mail.
(b)
Where the Board determines to award a contract to a bidder or bidders other than
the apparent low bidder or bidders it shall meet with the apparent low bidder or bidders upon the
filing of a timely written protest. The written protest shall be received by the Board within five
days of the notification required by subsection (a) hereof. No final award shall be made until the
Board either affirms or reverses its earlier determination.
(c)
The provisions of this section shall apply to all contracts required to be made
pursuant to contract by Article VIII, Section 6 of the Charter including, but not limited to, the
construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration
of a public improvement.
(Ord. 90-105. Passed 12-3-90.)
2015 Replacement
2015 Replacement
79
TITLE FIVE - Administration
121. Mayor.
123. Department of Law.
125. Department of Finance.
127. Department of Public Service and Development.
129. Police Department.
131. Fire Department.
133. Division of Building.
135. Parks and Recreation Commission.
136. Department of Recreation.
137. Planning and Design Commission.
141. Civil Service Commission.
143. Employment Provisions.
147. Senior Life Office.
149. Fairview Park Youth Commission.
150. Shade Tree Advisory Committee.
151. Residential Child Day Care Services
Resource Registry.
Chap. 153. Airport Environmental Commission.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
CHAPTER 121
Mayor
121.01 Stenographer - recording
secretary.
121.02 Authority to appoint
employees.
121.03 Operating budget.
121.04
121.05
121.06
121.07
121.08
Annual inventory.
Secretary.
School guards.
Secretarial help.
Department directors to take an
oath of office.
CROSS REFERENCES
Mayor - see CHTR. Art. III
Planning and Design Commission member - see CHTR. Art. VII, §2
Ex-officio president of Board of Control - see CHTR. Art. VII, §4
121.01 STENOGRAPHER - RECORDING SECRETARY.
There is hereby created the position of stenographer - recording secretary, which position
shall be filled by an appointment by the Mayor, to serve at the pleasure of the Mayor.
(Ord. 64-8. Passed 2-17-64.)
2015 Replacement
121.02
ADMINISTRATIVE CODE
80
121.02 AUTHORITY TO APPOINT EMPLOYEES.
The Mayor and Director of Public Service and Development are authorized and directed
to appoint such employees as are necessary for the proper operation of the municipal departments
of the City, in accordance with the rules and regulations of the Civil Service Commission and the
City Charter. (Ord. 64-18. Passed 2-17-64.)
121.03 OPERATING BUDGET.
The Mayor shall submit a proposed operating budget for each fiscal year which shall
contain at least the following:
(a)
A statement of estimated revenues from all sources, including fund balances from
the preceding year;
(b)
A statement of proposed expenditures, shown by department office, board and
commission, and by activity, character and object; and
(c)
A summary of the contents of the proposed operating budget, including any
proposals for and the reasons of major changes in financial policies and in
expenditures, appropriations and revenues as compared with the preceding fiscal
year and the reasons therefor.
(Ord. 80-101. Passed 1-5-81.)
121.04 ANNUAL INVENTORY.
(a)
The head of every operating division, department and office of the City shall
provide an inventory of all the City's personal property, valued or at a cost of two hundred dollars
($200.00) or more, to Council on or before March 1 of each year commencing with the year 1984.
(b)
The inventory list above shall be detailed and of sufficient description. The
inventory shall include, date of acquisition and cost, date of disposal and revenue received, if
applicable, the condition of such equipment at the time of inventory, (good, fair or bad) and
registration numbers. If a registration number is not provided, an identification number shall be
placed on such property.
(c)
Any of the City's personal property not assigned to any of the departments of the
City, shall be listed under the title of "Miscellaneous Property" and fall under the office of the
Director of Public Service and Development.
(Ord. 83-31. Passed 6-20-83.)
121.05 SECRETARY.
Council does hereby create the position of Secretary to the Mayor and Director of Public
Service and Development, who shall be appointed by the Mayor and shall be compensated at a rate
fixed by Council. (Ord. 84-18. Passed 3-28-84.)
121.06 SCHOOL GUARDS.
The Mayor is authorized to employ school guards for the purpose of assisting school
children at dangerous crossings during school hours.
(1954 Code §2-41)
121.07 SECRETARIAL HELP.
The Mayor is hereby authorized to hire part-time secretarial help for the various boards
and commissions of the City of Fairview Park with authority to establish their hours.
(Ord. 69-8. Passed 2-17-69.)
1999 Replacement
80A
Mayor
121.08
121.08 DEPARTMENT DIRECTORS TO TAKE AN OATH OF OFFICE.
(a)
All directors of City departments appointed by the Mayor and confirmed by City
Council shall take an oath of office that such director will support the constitution of the United
States and of the State of Ohio and of the Charter and ordinances of the City of Fairview Park;
will not be influenced by any consideration except that of merit and fitness in the employment or
discharge of employees; will not make or authorize any expenditure of public money otherwise
than for adequate consideration and efficient service to the Municipal Corporation; and will
faithfully in all other respects discharge the duties of the position or office.
(b)
Any director that refuses to take such oath of office is subject to removal from
office by the appointing authority. (Ord. 99-76. Passed 11-1-99.)
1999 Replacement
1999 Replacement
81
CHAPTER 123
Department of Law
123.01 Assistant Director of Law/
Prosecutor and Assistant
Director of Law/Boards
and Commissions.
123.02 Legal action to recover
confinement costs.
123.03 Legal action to recover
investigation and
prosecution costs.
123.04 Employment of special
counsel.
CROSS REFERENCES
Director of Law - see CHTR. Art. V, Sec. 2
Powers and duties - see Ohio R.C. 733.51 et seq.
123.01 ASSISTANT DIRECTOR OF LAW/PROSECUTOR AND ASSISTANT
DIRECTOR OF LAW/BOARDS AND COMMISSIONS.
(a)
Positions Created. There is hereby created the positions of Assistant Director of
Law/Prosecutor and Assistant Director of Law/Boards and Commissions who shall be appointed
by the Mayor and who shall serve at the pleasure of the Mayor. They shall be Attorneys at Law
admitted to practice before the Courts of Ohio. (Ord. 91-8. Passed 5-6-91.)
(b)
Assistant Director of Law/Prosecutor. The Assistant Director of Law/Prosecutor
shall serve in the capacity of police prosecutor and represent the City as the prosecutor of all
criminal and traffic cases before the Rocky River Municipal Court and all other courts having
criminal and traffic wherein the City is a party and, if such cases are appealed, before the
reviewing courts. He shall represent the City in any civil case assigned to him by the Director of
Law. He shall attend all meetings of City Council in the absence of the Law Director and
Assistant Director of Law/Boards and Commissions. He shall perform such other duties as may
be assigned or directed by the Director of Law.
(c)
Assistant Director of Law/Boards and Commissions. The Assistant Director of
Law/Boards and Commissions shall attend all meetings of the Planning and Design Commission
and the Board of Zoning and Building Appeals. He shall serve and give legal advice and opinions
to such Boards and Commissions in the manner prescribed by the Director of Law. He shall
represent the City in any civil or criminal case assigned to him by the Director of Law. He shall
attend Council meetings in the absence of the Director of Law. He shall perform such other duties
as may be assigned or directed by the Director of Law. Any person appointed to serve as
Assistant Director of Law/Boards and Commissions shall have not less than three years substantive
experience in municipal zoning. (Ord. 98-60. Passed 10-19-98.)
1999 Replacement
123.02
ADMINISTRATIVE CODE
82
(d)
The Assistant Director of Law/Prosecutor and the Assistant Director of Law/Boards
and Commissions shall be attorneys licensed to practice law in the State of Ohio who have a
minimum of four years experience in the practice of law, with one prior year of experience in
municipal law or a related field. (Ord. 99-97. Passed 11-15-99.)
123.02 LEGAL ACTION TO RECOVER CONFINEMENT COSTS.
(a)
Any person convicted of any offense other than a minor misdemeanor and who is
thereafter confined to a workhouse, prison, station house or county jail shall reimburse to the City
of Fairview Park its expenses incurred by reason of such confinement, including but not limited
to, the provision of food, clothing and shelter. The amount of reimbursement shall be determined
by a court of competent jurisdiction in an amount and manner provided by law.
(b)
The Director of Law is hereby authorized and directed to institute an appropriate
civil action in the name of the City in a court of competent jurisdiction to recover from the convict
reimbursement for the expenses of confinement in a workhouse, prison, station house or county
jail, as may be determined by the court in accordance with law.
(c)
All amounts recovered for reimbursement of expenses of confinement shall be paid
into the General Fund of the City.
(Ord. 84-55. Passed 11-5-84.)
123.03 LEGAL ACTION TO RECOVER INVESTIGATION AND
PROSECUTION COSTS.
(a)
Any person who is convicted of or pleads guilty to committing, attempting to
commit or complicity in committing a violation of any provision of Chapter 513 or of Section
537.02 of the Codified Ordinances if the jury or judge found that the offender was under the
influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, shall reimburse the City for
its costs, including the reasonable value of the time of employees or officials of the City and the
fair market value of all resources, that were expended or used by the City in connection with the
investigation or prosecution of the offender as shall be determined by a court of competent
jurisdiction in the manner provided by law.
(Ord. 89-37. Passed 12-4-89.)
(b)
Any person who is convicted of or pleads guilty to committing, attempting to
commit or complicity in committing a violation of Section 333.01 or of any provision of Chapter
529 of the Codified Ordinances shall reimburse the City for its costs, including the reasonable
value of the time of employees or officials of the City and the fair market value of all resources,
that were expended or used by the City in connection with the investigation or prosecution of the
offender as shall be determined by a court of competent jurisdiction in the manner provided by
law. (Ord. 95-50. Passed 8-21-95.)
(c)
The Director of Law is hereby authorized and directed to institute an appropriate
civil action in the name of the City in a court of competent jurisdiction to recover from an offender
the costs of investigation and prosecution as set forth in subsections (a) and (b) hereof as may be
determined by the court and in a manner as may be prescribed by the court.
(Ord. 89-37. Passed 12-4-89.)
2007 Replacement
83
Department of Law
123.04
(d)
All amounts recovered for reimbursement of the costs of investigation and
prosecution shall be paid into the Fairview Park Civil Reimbursement Fund to be used by the
Department of Police with the approval of Council to assist in the arrest, investigation and
prosecution of violators of Chapter 513, Section 537.02, Chapter 529 and Section 333.01.
(Ord. 95-50. Passed 8-21-95.)
123.04 EMPLOYMENT OF SPECIAL COUNSEL.
(a)
When the cost of such services is or will be in excess of the amounts provided in
Article VIII, Section 6 of the Charter, the Mayor is hereby empowered and authorized to employ
special legal counsel, who may be one or more, or a firm of attorneys at law for the purpose of
assisting the Director of Law and the Assistant Director of Law or for the purpose of, under the
supervision of the Director of Law or Assistant Director of Law, representing the City in the
handling of litigation, including trial preparation and the conduct of trials or other proceedings in
court or before any administrative body, for advisory opinions, and for specialized legal services
in a particular branch of law subject to and in accordance with the provisions of this section.
(b)
Special legal counsel may be employed by the Mayor only under the following
circumstances:
(1)
The Director of Law has first certified in writing to the Mayor and
Council that neither he nor the Assistant Director of Law should, for a
stated specific reason as is consistent with the Code of Professional
Responsibility applicable to lawyers and the Disciplinary Rules
thereunder, handle the legal matter without employing special legal
counsel to assist in or to represent the City in a specific legal matter.
(2)
Council approves the employment of special legal counsel by ordinance.
(c)
Any ordinance of Council authorizing and approving the employment of special
legal counsel shall indicate:
(1)
The name of the person or persons or firm of attorneys at law who shall
be employed as special legal counsel;
(2)
The nature of the specific legal services to be provided by the special legal
counsel including whether the special legal counsel is to assist the Director
of Law or the Assistant Director of Law or is to represent the City under
the supervision of the Director of Law or Assistant Director of Law;
(3)
The fees to be paid to the special legal counsel for legal services including
both the hourly rate and the maximum amount to be paid for such
services;
(4)
Whether the City or the special legal counsel shall be responsible for the
payment of the costs and expenses, other than the fees for legal services,
associated with and related to the specific legal services and if the City is
to be responsible, a description of such costs and expenses and the
approximate amount thereof; and
(5)
The anticipated duration of such employment.
2007 Replacement
123.04
ADMINISTRATIVE CODE
84
(d)
The special legal counsel shall submit, not less than every thirty days, to both the
Mayor and the Clerk of Council, a statement reflecting the legal fees earned and a report detailing
the progress of the specific legal matter.
(e)
The City and its officers, employees, agents, officials and representatives shall not
be liable for or obligated in any manner to pay legal fees to the special legal counsel except as set
forth in the duly adopted and approved ordinance employing the special legal counsel.
(Ord. 90-113. Passed 12-17-90.)
2007 Replacement
85
CHAPTER 125
Department of Finance
125.01 Assistant Director of Finance.
125.02 Withdrawing funds; authorized
signatures.
125.03 Fees for photographic and
photostatic work.
125.04 Fees for publications.
125.05 Tax Auditor.
125.06 Anti-recession Fiscal
Assistance Fund.
125.07 Federal General Revenue
Sharing Trust Fund.
125.08 Emergency Cash Purchasing
Fund.
125.09 Sidewalk Fund.
125.10 Cumulative Reserve Public
Works Preservation Fund.
125.11 Beautification Trust Fund.
125.12 Cable Television Franchise
Fee Trust Fund.
125.13 S.A.V.E. Fund.
125.14 Fire insurance proceeds
transferred to City.
125.15 Reports.
125.16 Gilles Sweet Community Center
Enterprise Fund.
125.17 Law Enforcement Mandatory
Drug Fine Fund.
125.18 Payment procedures for
City contractors.
125.19 General Reserve Fund.
125.20 Manager of Information
Systems.
125.21 Redevelopment Fund.
CROSS REFERENCES
Director of Finance - see CHTR. Art. V, §3
Finance Director may be Clerk of Council - see ADM. 111.02(a), 111.24(a)
Admissions tax duties - see ADM. Ch. 171
Income tax duties - see ADM. 173.2301 et seq.
125.01 ASSISTANT DIRECTOR OF FINANCE.
The office of Assistant Director of Finance is hereby established, who shall be appointed
pursuant to the Charter, and shall perform such duties as are directed by the Director of Finance.
In the absence or disability of the Director, the Assistant Director shall perform the duties of the
Director. (Ord. 59-109. Passed 12-7-59.)
125.02 WITHDRAWING FUNDS; AUTHORIZED SIGNATURES.
In accordance with the Charter, City funds in depository accounts, which have been
heretofore authorized and maintained by the City, may be withdrawn from such accounts by
checks and/or other instruments issued in the name of this Municipality upon the signatures of the
following officers or employees of the City: The Director of Finance or the Assistant Director of
Finance, and the Mayor or the Director of Public Service and Development.
(Ord. 59-114. Passed 12-7-59.)
2007 Replacement
125.03
ADMINISTRATIVE CODE
86
125.03 FEES FOR PHOTOGRAPHIC AND PHOTOSTATIC WORK.
(a)
From time to time, the Director of Finance is authorized and directed to establish
reasonable charges or rates for photographic and photostatic work performed by any department
or division of the City, and any funds collected therefrom shall be paid to the City.
(b)
The various departments or divisions of the City are authorized to furnish
photographs and photostats of reports to any person entitled to the same by law upon payment of
the aforesaid charges or rates established by the Director.
(Ord. 65-36. Passed 7-19-65.)
125.04 FEES FOR PUBLICATIONS.
The Director of Finance is hereby authorized and directed to establish certain fees to be
paid by any person desiring or obtaining from the City a copy of any Fairview Park publication,
including the Codified Ordinances of such City. Any fees collected under authority of this section
shall be paid into the General Fund of the City.
(Ord. 80-23. Passed 4-7-80.)
125.05 TAX AUDITOR.
The position of Tax Auditor in the Department of Finance is hereby created. The Director
of Finance shall set forth the duties of the Tax Auditor which will include, but not be limited to,
supervision of the income tax records, files and compliance notices of the City.
(Ord. 71-58. Passed 12-20-71.)
125.06 ANTI-RECESSION FISCAL ASSISTANCE FUND.
There is established under Ohio R. C. 5705.12, and subject to the approval of the Bureau
of Inspection and Supervision of Public Offices of the State of Ohio, an Antirecession Fiscal
Assistance Fund. Such fund is to receive moneys from the U. S. Department of Treasury under
the Public Works Employment Act of 1976, (Title II, Public Law 94-369). Expenditures may be
made from such fund for those purposes enumerated in Public Law 94-369, Section 204.
(Ord. 76-69. Passed 12-20-76.)
125.07 FEDERAL GENERAL REVENUE SHARING TRUST FUND.
There is hereby established a special fund to be known as the Federal General Revenue
Sharing Trust Fund under the provisions of Ohio R. C. 5705.12. All moneys paid to the City
under the State and Local Fiscal Assistance Act of 1972 shall be credited to such Fund and
expended in accordance with the terms and provisions of such Federal Act.
(Ord. 72-67. Passed 11-6-72.)
125.08 EMERGENCY CASH PURCHASING FUND.
The Finance Director is authorized to establish an Emergency Cash Purchasing Fund, with
the initial amount of two hundred dollars ($200.00) and to be replenished from time to time so that
the Fund is maintained at a balance not to exceed two hundred dollars ($200.00).
(Ord. 74-29. Passed 4-15-74.)
2007 Replacement
87
Department of Finance
125.11
125.09 SIDEWALK FUND.
The Finance Director is hereby authorized to set up a fund to be designated as Sidewalk
Fund. The Director shall send a certified copy of this section to the Cuyahoga County Auditor.
(Ord. 74-51. Passed 7-15-74.)
125.10 CUMULATIVE RESERVE PUBLIC WORKS PRESERVATION FUND.
(a)
There is hereby created and established a Cumulative Reserve Public Works
Preservation Fund. Such fund shall be used only for such public works projects as determined by
the majority of the members of Council eligible to vote and approved by the Mayor. The
Cumulative Reserve Public Works Preservation Fund shall be financed by at least twenty-five
percent (25%) and not more than fifty percent (50%) of any revenues received by the City from
any industrial development, industrial park, or the inclusion of new land area to the City, and any
balance remaining in such Cumulative Reserve Public Works Preservation Fund from the previous
fiscal year.
(b)
Public works projects as used in this section shall be maintenance, rehabilitation,
repair, renovation or replacement of existing municipal public works facilities, including streets,
storm sewers, culverts, parks and public buildings.
(c)
In the appropriation of funds for specific public works projects, Council and the
Mayor shall consider documented condition information, maintenance standards, engineering
standards, intensity of use, safety factors, project feasibility, cost-effectiveness and other relevant
factors.
(d)
Moneys credited to the Cumulative Reserve Public Works Preservation Fund shall
be applied to the lump sum or installment payment of public works projects or to the payment of
the principal or interest or premium on any bonds or notes issued by the City to finance public
works projects. (Ord. 84-36. Passed over veto 12-31-85.)
125.11 BEAUTIFICATION TRUST FUND.
(a)
The Finance Director is hereby authorized to set up a fund to be designated as a
Beautification Trust Fund to be used for the following purposes:
(1)
To receive any and all deposits of moneys from any participating residents
of the beautification program.
(2)
To hold such deposits in a Beautification Trust Fund.
(3)
To pay out of such Fund such sums as may be needed for the staking and
planting of trees, other beautification projects and any incidental costs
required for such tree planting or other landscaping.
(b)
A donor to the Fund shall be able to designate the location to which the donor
desires the contribution to be used. Such location shall be subject to the approval of the Director
of Public Service and Development. If not approved, the donor shall be entitled to receive his
contribution. (Ord. 80-44. Passed 6-16-80.)
2007 Replacement
125.12
ADMINISTRATIVE CODE
88
125.12 CABLE TELEVISION FRANCHISE FEE TRUST FUND.
The franchise fee provided to be paid into the City, pursuant to Chapter 733 or pursuant
to any other grant of a television franchise as authorized by Article XI of the City Charter, shall
be placed into a special fund entitled, Cable Television Franchise Fee Trust and shall be subject
to disbursement, only by Ordinance or Resolution, by further action of Council.
(Ord. 99-54. Passed 7-19-99.)
125.13 S.A.V.E. FUND.
(a)
The Director of Finance is hereby authorized and directed to establish a special
fund, to be identified as the S.A.V.E. Fund, and such Fund shall be used solely and exclusively
for the purpose of receiving and disbursing all moneys related to the S.A.V.E. program.
(b)
The Director is authorized to receive donations or contributions made by
individuals, businesses and public or private organizations or groups to support the program and
all such donations or contributions shall be deposited in the Fund.
(c)
Expenditures from the Fund for operation, administration and rewards shall be
made by the Director upon receipt of an authorization of payment signed by the Chief of Police
and any one other member of the Rewards Committee.
(d)
The Director is hereby authorized and directed to transfer from the General Funds
of the City the sum of five hundred dollars ($500.00) to the Fund to provide the initial moneys
necessary to commence the program.
(Ord. 80-47. Passed 6-16-80.)
125.14 FIRE INSURANCE PROCEEDS TRANSFERRED TO CITY.
(a)
The City hereby adopts and implements the provisions and procedures set forth in
Ohio R.C. 3929.86, particularly paragraphs (C) and (D) thereof, providing for the transfer and
receipt of portions of fire insurance proceeds as set forth in such section.
(b)
The Finance Director is hereby designated as the officer of the City to carry out the
duties under Ohio R.C. 3929.86.
(c)
The Clerk of Council is hereby directed for forward a certified copy of this section
to the Superintendent of Insurance, State of Ohio, as provided for in Ohio R.C. 3929.86 (C).
(Ord. 81-88. Passed 9-21-81.)
125.15 REPORTS.
(a)
The Director of Finance shall report by the third Monday after the end of each
fiscal month to Council, to other administrative officials and to the public the recorded facts in
such summaries with such analytical schedules in detailed support thereof, as shall be necessary,
to show the full effect of expenditures, transactions and investments for each fiscal year or part
thereof upon the finances of the City and in relation to each department of the City.
2007 Replacement
89
Department of Finance
125.18
(b)
The Director of Finance shall annually prepare and submit to the Mayor and
Council by March 1 of each year a recommended two year financial plan for the City's operating
and capital needs. The financial plan shall indicate the estimated cost and the proposed or
established method of financing each capital program and permanent improvement. The Director
of Finance's recommended plan shall be prepared after consultation with the Mayor and the heads
of other City departments affected thereby, and such recommended financial plan shall be advisory
only and need not be followed in the adoption of the City's tax budget, annual, temporary or
supplemental appropriation measures or ordinances, resolutions or other actions concerning capital
programs or permanent improvements.
(Ord. 82-61. Passed 2-7-83.)
125.16 GILLES SWEET COMMUNITY CENTER ENTERPRISE FUND.
(a)
The Director of Finance is hereby authorized and directed to create the Gilles-Sweet
Community Center Enterprise Fund as a special fund in the City Budget. This fund shall be
maintained as a separate account on the books of the City and shall, in detail, state all revenues
and receipts including source thereof, all transfer including the source thereof, all expenditures
including the purpose thereof, and such other information as necessary to indicate the status of the
Fund.
(b)
The Director of Finance shall provide, in writing to Council, at the end of each
fiscal quarter a report which indicates the status of the fund, including the information required
in the first paragraph hereof. (Ord. 82-91. Passed 2-7-83.)
125.17 LAW ENFORCEMENT MANDATORY DRUG FINE FUND.
(a)
The Director of Finance is hereby authorized to accept all mandatory drug fines and
forfeited bail imposed for violations of Ohio R.C. 2925.03.
(b)
In accordance with Ohio R.C. 2925.03, there is hereby established the Law
Enforcement Mandatory Drug Fine Fund. All money forfeited to the City pursuant to Ohio R.C.
2925.03 shall be credited to the Fund.
(c)
The revenues in the Law Enforcement Mandatory Drug Fine Fund shall be allocated
from the Fund only to the Police Department, and only to pay the costs of investigations or
prosecutions pertaining to drug offenses.
(d)
The Chief of Police shall annually, on or before the tenth day of January, file with
the Director of Finance an itemized statement, verified by the Chief as to the manner in which the
Law Enforcement Mandatory Drug Fine Fund has been expended during the preceding calendar
year. (Ord. 87-45. Passed 2-1-88.)
125.18 PAYMENT PROCEDURES FOR CITY CONTRACTORS.
(a)
The Director of Finance, in consultation with the City Engineer and the City
Architect, is hereby authorized to enact payment procedures for authorized contractors doing
business with the City.
(b)
The Director of Finance shall submit monthly to the Chairman of Council’s Finance
Committee a report detailing the following for each contract for building or improvements:
contractor’s name, project title, total contract amount, contract start date, amount paid-to-date and
estimated completion date.
(Ord. 94-106. Passed 12-19-94.)
2007 Replacement
125.19
ADMINISTRATIVE CODE
90
125.19 GENERAL RESERVE FUND.
There is hereby established under Ohio R.C. 5705.12 and subject to the approval of the
Bureau of Inspection and Supervision of Public Offices of the State of Ohio, a General Reserve
Fund. Said fund is established for budget stabilization. The total amount in said fund shall not
exceed five percent (5%) of the general fund’s revenue for the preceding fiscal year. Funds on
deposit in the General Reserve Fund shall be withdrawn only upon the affirmative vote of not less
than two-thirds (2/3) of the voting members of Council. (Ord. 06-05. Passed 4-3-06.)
125.20 MANAGER OF INFORMATION SYSTEMS.
There is hereby created the position of Manager of Information Systems, who shall be
appointed pursuant to the Charter, and who shall perform such duties as are directed by the
Director of Finance, including, but not limited to, planning and direction of all computer functions
within the City; planning for improvements and maintenance of the City computer and
informational system. (Ord. 99-53. Passed 7-19-99.)
125.21 REDEVELOPMENT FUND.
There is hereby established under the Ohio R.C. 5705.121 and subject to the approval of
the Bureau of Inspection and Supervision of Public Offices of the State of Ohio, a Redevelopment
Fund. Said fund is established for segregating Redevelopment Expenditures and Revenue.
(Ord. 00-65. Passed 9-18-00.)
2007 Replacement
91
CHAPTER 127
Department of Public Service and Development
127.01 Assistant Director in charge
of Public Works.
127.02 Division of Signals and Signs.
127.03 Clerk.
CROSS REFERENCES
Director's responsibilities - see CHTR. Art. V §4
Director's authority to appoint employees - see ADM. 121.02
Traffic powers - see TRAF. Ch. 305
Unlawful interest in public contract - see GEN. OFF. 525.10
Assistant Director to control sewers - see S. U. & P. S. 911.01
127.01 ASSISTANT DIRECTOR IN CHARGE OF PUBLIC WORKS.
(a)
The Director of Public Service and Development is authorized, subject to the rules
and regulations of the Civil Service Commission, to employ an Assistant Director of Public
Service and Development in charge of public works, to assist in the management and supervision
of all public works and undertakings of the City.
(b)
Under the direction of the Director, the Assistant Director in charge of public works
shall assist in the supervision of improvements and repair of streets, avenues, alleys, lands, lanes,
bridges, viaducts, sidewalks, playgrounds, sewers, drains, ditches, culverts, streams and
watercourses, the lighting, sprinkling and cleaning of public places, the construction of public
improvements and public works, except those having reference to the Police or Fire Departments.
(c)
Under the direction of the Director, the Assistant Director shall assist in the
management of municipal water, lighting, garbage and other undertakings of the City, parks,
baths, playgrounds, cemeteries and sewage disposal plants, and shall make and preserve surveys,
maps, plans, drawings and estimates in cooperation with the City Engineer. He shall assist in
supervising the construction and maintenance of public buildings and other property of the City
not otherwise herein provided.
(1954 Code §§2-29, 2-30; Ord. 68-78. Passed 9-16-68.)
2007 Replacement
127.02
ADMINISTRATIVE CODE
92
127.02 DIVISION OF SIGNALS AND SIGNS.
There is hereby created a Division of Signals and Signs in the Department of Public Service
and Development under the direction of the Director. The Director is hereby authorized to hire
a qualified signal technician and to hire such other seasonal part-time staff as are deemed necessary
by the Director.
(Ord. 74-63. Passed 12-2-74.)
127.03 CLERK.
There is hereby created the position of Clerk in the Department of Public Service and
Development, which position shall be filled by an appointment by the Director. Such Clerk shall
be bonded. The duties of such Clerk shall be prescribed by the Assistant Director of Public
Service and Development in charge of public works.
(Ord. 68-77. Passed 9-16-68.)
2007 Replacement
93
CHAPTER 129
Police Department
129.01
129.02
129.03
129.04
129.05
129.06
129.07
129.08
Composition.
Work week.
Appointment and term.
Police clerk.
Police Matron.
Auxiliary police officers.
Private policemen.
Compulsory retirement;
exceptions.
129.09 Emergency alarms.
129.091 Automated teller machines;
surveillance cameras.
129.10 Crime Prevention Bureau.
129.11 S.A.V.E. Rewards Program.
129.12 Law Enforcement Trust Fund.
129.13 Jail fees.
129.14 Animal Control Officer.
129.15 Administrative towing fees.
CROSS REFERENCES
Auxiliary police unit - see Ohio R.C. 737.051, 737.06
Police and Firemen's Disability and Pension Fund - see Ohio R.C. Ch. 742
Paid vacations - see ADM. 143.01
Compliance with lawful order of police officer - see TRAF. 303.01
Impersonation - see GEN. OFF. 525.03
Obstructing official business - see GEN. OFF. 525.07
Enforcement of park rules - see S.U. & P.S. 921.05
129.01 COMPOSITION.
(a)
The Police Department shall be composed of a Chief of Police, four Lieutenants
of Police, three Sergeants of Police and not more than twenty-one patrol or police officers.
(Ord. 06-13. Passed 4-17-06.)
(b)
The Police Chief may designate one of the members of the Police Department to
serve as Juvenile Public Relations Officer and Crime Prevention Officer.
(Ord. 91-101. Passed 12-2-91.)
129.02 WORK WEEK.
Except in case of necessary appearances in court and emergency special duty assignments,
the policemen's work week shall not exceed forty hours.
(Ord. 64-53. Passed 10-5-64.)
2007 Replacement
129.03
ADMINISTRATIVE CODE
94
129.03 APPOINTMENT AND TERM.
The appointment and term of the members of the Police Department shall be in accordance
with the civil service rules and regulations adopted by the Civil Service Commission of the City
and the laws of the State pertaining to the members of the Police Department under civil service.
(1954 Code Sec. 18-2)
129.04 POLICE CLERK.
There is hereby established the position of full-time clerk in the office of the Police
Department. Such full-time clerk shall do clerical and stenographic work as directed by the Police
Chief. (Ord. 67-22. Passed 3-20-67.)
129.05 POLICE MATRON.
There is hereby created the position of Police Matron in the Police Department. The Police
Chief shall appoint the Police Matron to serve at the hours specified by the Chief.
(Ord. 69-13. Passed 2-17-69.)
129.06 AUXILIARY POLICE.
(a)
Appointment of Members. There is hereby created within the Police Department
an auxiliary police unit to consist of not more than twenty-five persons, the members of which
shall be appointed by the Mayor.
(b)
Term of Service. Auxiliary police officers shall serve as long as the Police Chief
may direct, or until a resignation submitted by a member shall be accepted by the Chief
(c)
Qualification of Members. The members of the auxiliary police unit may not be
under the age of twenty-one years at the time of their appointment, and shall meet such other
requirements as provided by rules and regulations provided for in subsection (e) hereof.
(Ord. 81-118. Passed 1-4-82.)
(1)
Exception: Qualified students enrolled in a Criminal Justice Program at an
accredited college or university may become members at age nineteen.
(Ord. 05-04. Passed 2-22-05.)
(d)
Control of Unit. The Police Chief shall be the executive officer of the auxiliary
police unit. The Chief shall be the commanding officer and shall have control of the assignment,
training, stationing and the direction of work. The auxiliary police unit shall have only such police
powers and shall perform only such police duties as assigned by the Chief, and shall act only when
in prescribed uniform or portion of uniform. The Mayor or Police Chief shall prescribe the time
and place such uniforms or portions thereof shall be worn. Such auxiliary members shall obey the
chain of command of the Police Department and shall take orders from all regular appointed
members thereof.
(e)
Rules and Regulations. The Police Chief shall prescribe the rules and regulations
for the organization, administration, conduct and control of the auxiliary police unit.
(f)
Uniform. The Police Chief is authorized to prescribe by rules and regulations the
type of uniform or part thereof which shall be worn by members of the auxiliary police unit.
(Ord. 81-118. Passed 1-4-82.)
2014 Replacement
95
Police Department
(g)
129.07
Compensation; Where Services Performed.
(1)
All services performed by auxiliary police shall be within the City.
(2)
Auxiliary police shall be compensated for their services in an amount
determined by Council.
(3)
Auxiliary police shall be entitled to any benefits of any relief or pension
funds of the City or the State of Ohio, or any other similar benefit, except
as may otherwise be provided by law.
(Ord. 82-15. Passed 5-3-82.)
(h)
Nonliability. This section is declared by Council as an exercise by the City of its
police powers for the protection of the public peace, health, property, safety and general welfare.
Neither the City, or agent or representative of the City, an officer appointed under the provisions
of this section, or any individual, firm, partnership, corporation or the receiver, trustee or any
agent thereof, who in good faith executes any executive order, rule or regulation promulgated
pursuant to the provisions of this section, shall be liable for injury or damage sustained to person
or property as the direct proximate result of such action. In addition to any other responsibilities
or immunities, the members of the auxiliary police unit shall bear the same responsibilities and the
same immunities as any other regularly employed member of the Police Department, except as
herein provided. (Ord. 81-118. Passed 1-4-82.)
129.07 PRIVATE POLICEMEN.
(a)
Authority to Issue Private Police Commissions. The Police Chief pursuant to Ohio
R.C. 737.05 is hereby authorized to commission private policemen and private policewomen not
in the classified services of the City, under such rules and regulations as Council shall grant.
(b)
Rules and Regulations. The Police Chief is hereby authorized to prescribe rules
and regulations, and the uniform which shall be worn by such private policemen and private
policewomen wherever and whenever their services are conducted. Such private policemen and
private policewomen shall each give bond by a bonding company authorized by law in the State
of Ohio in the sum of one thousand dollars ($1,000) to the satisfaction of the Police Chief and the
Director of Law, and shall pay an annual fee in the sum of twenty-five dollars ($25.00).
(c)
Official Uniform not to be Copied. No person not a member of the Police or Fire
Departments shall wear a uniform, cap, badge or buttons similar to, or in imitation of the official
uniform, cap, badge or buttons at the time in use by the members of the Police and Fire
Departments.
(d)
Uniform Approval. Any person, firm or corporation desiring to provide special
police, watchmen or detective service, either for itself or for hire to others, shall use no distinctive
uniform, cap, badge or buttons, to be worn by such person or any employees of such person, firm
or corporation, engaged for such purpose, until the form, design and color thereof have first been
submitted to and approved by the Police Chief, and a record thereof sufficient to identify the users
thereof shall have been made by the Police Chief.
(Ord. 70-28. Passed 6-15-70.)
2014 Replacement
129.07
ADMINISTRATIVE CODE
96
(e)
Duration of Commission. No commission as such private policeman and/or private
policewoman shall be valid for a greater period of time than one year from the date of issuance
and no person shall be commissioned as such private policeman and/or private policewoman who
is not a citizen of the United States of America. The issuance of a private police commission shall
not in itself constitute authority to carry firearms. Applicants shall comply with the laws of the
State of Ohio regarding the carrying of firearms. The Police Chief shall prescribe such uniform,
badge and/or other distinguishing uniform marks for such private policemen or private
policewomen as he may see fit in order to distinguish such private police officers from regular
police officers of the Police Department.
(Ord. 81-100. Passed 11-16-81.)
(f)
Application for Commission; Qualifications. No person shall be commissioned as
private policeman and/or private policewoman unless he is licensed to do so. An applicant for such
commissions shall:
(1)
Be at least twenty-one years of age or over, an American citizen or have
declared his intention to become a citizen.
(2)
Be of sound physique, with good eyesight and not subject to vertigo, heart
trouble or any other infirmity of body or mind, which might render him
unfit for the safe carrying out of the duties of such commission. Each
applicant shall supply an affidavit to the Police Chief for his application for
a commission that he is free from any and all of the infirmities mentioned
in this section.
(3)
Be able to read, write and speak the English language.
(4)
Be clean in dress and person, of good moral character and not addicted to
the use of intoxicating liquors and drugs.
(5)
Produce, on forms to be provided by the Police Chief, affidavits of his good
character from two reputable citizens of the City or Cuyahoga County, who
have known him personally, and a further testimonial on a form provided
for that purpose, from his last employer, unless, in the estimation of the
Police Chief sufficient reason is given for its omission.
(6)
Fill out, upon a form to be provided by the Police Chief, a statement giving
his full name, residence, places of residence for ten years previous to
moving to his present address, age, color, height, color of eyes and hair,
place of birth, length of time he has resided in Cuyahoga County, whether
a citizen of the United States, place of previous employment, whether single
or married, whether he has ever been arrested or convicted of a felony or
misdemeanor, whether he has been summoned to court, whether his driving
license has ever been revoked, and if so, for what cause. Such statement
shall be signed and sworn to by the applicant, and filed with the Police
Chief as a permanent record. The Police Chief is hereby authorized and
empowered to establish additional rules and regulations covering the
issuance of such commission of private policemen or private policewomen,
not inconsistent herewith, as may be necessary and reasonable.
2014 Replacement
97
Police Department
129.08
(g)
Photograph and Police Check on Applicant. Each applicant for a commission as
private policeman or private policewoman shall file with his application three unretouched color
photographs of himself or herself, in such position as the Police Chief may specify, taken within
thirty days preceding the filing of his application. Photographs shall be of a size which may be
easily attached to his commission, one of which shall be attached to the commission when issued,
the others shall be filed with the application in the office of the Police Chief. The photograph shall
be so attached to the commission that it cannot be removed and another photograph substituted
without detection. Where the application for a commission is denied, two copies of the photograph
shall be returned to the applicant by the Police Chief. Each commissioned private policeman or
private policewoman shall, upon demand of an inspector of licenses, or a policeman of the Police
Department, exhibit his license and photograph for inspection. All applications for such
commission as private policemen and/or private policewomen shall be notarized, and failure to list
arrests, and/or any other information desired by the Police Chief, would be considered falsifying
the application, and the applicant shall be subject to arrest. All applicants for special police work
as such private policemen and private policewomen shall be fingerprinted and the Police Chief
through his Police Department shall cause a complete record check made of the applicant's
character, or obtain any other information he may desire.
(h)
Identification. An identification card, with a photograph attached, as outlined in
subsection (g) hereof shall be carried by such private policeman and/or private policewoman at
all times while on duty in the City, in order to identify him, or her, to our Police Department,
showing that he has been qualified to the satisfaction of the Police Chief and the City.
(Ord. 70-28. Passed 6-15-70.)
129.08 COMPULSORY RETIREMENT; EXCEPTIONS.
(a)
Effective January 1, 1974, no full-time members of the City Police Department
shall be employed or continue to serve as a member of the police, after attaining the age of
sixty-five except those full-time members who shall be permitted to continue their employment
past age sixty five until completion of twenty-five years of continuous service contingent upon the
individual member passing an annual physical examination given by a physician selected by the
City.
(b)
Any officer or member of the Police Department compelled to retire under this
section, having accumulated overtime upon attaining his sixty-fifth birthday, shall be paid for
overtime at the regular rate of compensation that he has received at his attained rank on the date
of retirement.
(c)
This section shall not apply to school guards or auxiliary police.
(Ord. 73-45. Passed 6-18-73.)
2014 Replacement
129.09
ADMINISTRATIVE CODE
98
129.09 EMERGENCY ALARMS.
(a)
Authority to Install Alarm; Definitions. Any residence or lawful business located
within the City may be equipped with an alarm system for the purpose of detecting and signaling
the presence of smoke, fire or unauthorized intrusion upon compliance with this section. Existing
installations shall be subject to the requirements of this section including those pertaining to
permits.
As used in this section "automatic dialing service" means an alarm system which
automatically sends over the telephone switching network a prerecorded voice message or coded
signal indicating the existence of smoke, fire or an unlawful act to which Fire and/or Police
Department response is requested.
As used in this section "alarm system" means an assembly of equipment and devices,
mechanical or electrical (or a single device such as a solid state unit) which is arranged, designed
or used for the detection and signaling the presence of a hazard requiring urgent attention and to
which police or firefighter/paramedic response is expected. The term "alarm system" shall include:
(1)
"Automatic hold-up alarm system" means an alarm system in which a signal
transmission is initiated by the action of a robber.
(2)
"Burglar alarm system" means an alarm system signaling an entry or
attempted entry into the area protected by the system.
(3)
"Hold-up alarm system" means an alarm system signaling a robbery or
attempted robbery.
(4)
"Manual hold-up alarm system" means an alarm system in which the signal
transmission is initiated by the direct action of the person attacked or by an
observer of the attack.
(5)
"Fire alarm system" means an alarm system which monitors temperature,
humidity or other condition of a fire hazard nature, and not directly related
to the detection of an unauthorized intrusion into a premises or an attempted
robbery at the premises.
The term "alarm system" does not include audible alarms on motor vehicles unless the
vehicle is permanently located at a site or an alarm designed to alert the inhabitants of a premises
only.
(b)
Automatic Dialing Devices.
(1)
The City may subscribe to one or more telephone lines for burglar alarms,
hold-up alarms, occurrence of fire or for similar purposes; and when any
line is designated as provided for in subsection (a) hereof, persons may,
upon proper application and compliance with applicable laws, be granted
a permit to install a device or devices which automatically select the
designated telephone line for purpose of playing a recorded message or to
otherwise report an intrusion or other emergency.
(2)
Except as otherwise provided herein, no person shall install, operate,
maintain, use or otherwise cause any telephone device or telephone
attachment that automatically selects any telephone line allocated by the
telephone company to the City or any of its departments or divisions except
a telephone line which may be specifically designated by the Police Chief
for such purpose. Such designated telephone line or lines shall terminate at
the police station communication center.
2014 Replacement
99
Police Department
(3)
(4)
(5)
(6)
(7)
(c)
129.09
No person shall install, operate, maintain, use or otherwise cause any
telephone device or attachment that automatically selects the number 9-1-1
to report a recorded message or coded signal.
For alarms of the type described in subsection (a) hereof, the message shall
comply with the following:
A.
Length of message shall be fifteen seconds maximum;
B.
The message shall not be repeated more than three times for each
dialing;
C.
Contents of the message shall first state: "This is a recording". The
balance of the message shall be appropriate to the purpose for which
the alarm is installed and shall be subject to the approval of the
Chief of Police. The entire message shall be intelligible.
For alarms of the type described in subsection (b)(2) hereof, each such
device shall be programmed to first dial the Division of Police using an
unlisted number assigned for that purpose. The device shall next dial a
number selected by the applicant, such second number being that at which
a person having a key to the building where the alarm is installed can
normally be found. A third number subject to the approval of the Chief of
Police may be programmed for the next dialing. No more than three such
dialings may be programmed except under unusual circumstances and upon
approval of the Chief of Police. No enforcement agency other than the City
Police Department may be selected.
The cost of providing the service described above, including any fee or
payment charged by the telephone company, shall be paid by the applicant.
The fee to be charged by the City under subsection (b)(6) hereof, shall be
determined on an annual basis by dividing the cost of telephone service to
the City by the number of holders of permits for alarms, as described in
subsection (b)(1) hereof, adding fifteen percent (15%) for administration
and rounding it off to the next dollar, except that the minimum charge shall
be five dollars ($5.00) per month, payable in advance. Delinquency in
excess of ten days shall result in cancellation of the permit or permits.
Police Signal Alarm Connection; Fee and Noncompliance.
(1)
There is hereby established a tie-in charge fee of ninety dollars ($90.00) for
each connection to be collected from all persons or firms connecting a
police alarm signal to a central electronic panel alarm signal installed and
located at the Police Department. There shall also be established an annual
charge in the amount of ninety dollars ($90.00) for each tie-in connection
payable at the beginning of each calendar year or prorated from the date of
the connection for that year.
(2)
Each person or firm connecting to such system shall be responsible for the
maintenance and operation of their respective signal line. If any signal line
becomes inoperative or in a state of disrepair, the party maintaining such
a line shall be given notice of such disrepair and shall from that point be
given thirty days to either repair such line or give the Chief of Police notice
of a good faith attempt to repair such line and intentions for any further
action.
2014 Replacement
129.09
ADMINISTRATIVE CODE
(3)
(4)
(5)
100
If payment, as outlined in subsection (c)(1) hereof is not made in
compliance with that subsection, noncompliance regarding subsection (c)(4)
hereof shall be deemed to have taken place.
Whoever does not comply with subsections (c)(2) or (3) hereof shall be
deemed to have waived their privilege to use the system, and any line
related to such noncompliance shall be disconnected.
The Chief of Police shall be given the authority to determine which persons
or firms are entitled to the privilege of use of such system, such
determination to be made in good faith and with reasonable application.
(d)
Local Alarms. A permit for the installation of a local alarm which, when activated,
sounds a horn, bell, buzzer, siren or other type of audible alarm, and/or visual signaling device
shall be required if the sound created by the alarm is audible beyond the premises being served.
The Police Chief or his authorized representative shall issue a permit for such an alarm, provided
the intensity of sound does not exceed sixty-five decibels at any location outside the premises being
served, and such alarms shall have an automatic cut-off device as provided herein.
(1)
Each such local alarm shall be equipped with an automatic cut-off device
which deactivates the alarm noise within ten minutes of the first noise
emitted by the alarm.
(2)
Each violation of this section shall constitute an accidental/false alarm.
(e)
Accidental/False Alarms.
(1)
Except as provided in subsection (e)(3) hereof, a charge of twenty-five
dollars ($25.00) shall be assessed for each accidental/false alarm received
through equipment described above, or for each accidental/false alarm
received through any other alarm service which the City has given
permission to be installed. Such fee shall be assessed against the owner,
agent or person in charge of or in possession of the premises from which
the accidental/false alarm has emanated.
(2)
Except as provided in subsection (e)(3) hereof, a charge of twenty-five
dollars ($25.00) shall be assessed for each accidental/false alarm received
by telephone from a central station system or alarm company answering
service. Such fee shall be assessed against the owner, agent or other person
in charge of or in possession of the premises from which the
accidental/false alarm has emanated. As used in this section "central station
system" means a system in which the operation of electrical protection
circuits and devices are signaled to, recorded in, maintained and supervised
from a central station, or any combination of the foregoing, having trained
operators and/or personnel therein.
(3)
No charge shall be assessed for the first accidental/false alarm nor shall
there be any charge assessed for an accidental false alarm to which there is
no response from the Fire and/or Police Departments.
2014 Replacement
101
Police Department
(4)
(f)
129.09
As used in this section, accidental/false alarm means the activation of an
alarm system through mechanical failure, malfunction, improper
installation, improper operation or through the negligence of or misuse by
the owner, lessee, employee or agency whereby the Fire and/or Police
Departments are summoned when there is no incident occurring or having
occurred as reported by the alarm. Alarms attributable to tornadoes,
earthquakes and other similar comparable abnormal conditions are not
included within the scope of this provision provided that the burden of
proof of such exception shall be upon the alarm subscriber and/or alarm
business.
General Maintenance Requirements.
(1)
All equipment used in installations for which a permit is required shall meet
the applicable standards of the Underwriters' Laboratory and/or other
recognized testing laboratory. An applicant shall be required to submit
evidence of the reliability and suitability of the equipment to be installed.
(2)
The sensory mechanism used in connection with any alarm system shall be
maintained to suppress false indications of heat, fire, smoke or intrusion so
that the alarm system will not be activated by impulses due to transient
pressure change in water pipes, short flashes of light, wind noises,
vehicular noise or other forces unrelated to a genuine alarm. The sensitivity
of an alarm system shall not be such that the simple vibration or motion of
a protected door or window shall cause the activation of the alarm system
without the actual breaking or opening leading to forcible entry.
(3)
All components comprising any alarm system shall be maintained by the
owner and/or lessee in good repair to assure reliability of operation.
(4)
Every alarm business that sells or leases to any person any alarm system
which is installed on such person's residence or place of business shall
furnish such person with instructions as to the manner in which the alarm
system operates, along with the maintenance instructions. "Alarm business"
means and includes any business engaged in any of the activities of selling,
leasing, leasing with an option to purchase, installing, servicing, altering,
repairing, maintaining, replacing, moving, monitoring, responding to a fire,
burglary, hold-up or other similar alarm systems, or causing any of such of
the foregoing activities to take place.
(5)
Every alarm business as described in subsection (f)(4) shall also furnish the
Chief of Police with a copy of the instructions as to the manner in which the
alarm system operates. If the Chief finds such to be incomplete, unclear or
inadequate, he shall require the alarm business to have same revised to meet
his approval and then promptly have copies distributed to persons for whom
installations of such systems are made.
(6)
No person shall manually activate an alarm system for any reason other
than the occurrence of an event for which such alarm system was installed
and intended.
2014 Replacement
129.09
ADMINISTRATIVE CODE
(7)
(8)
(9)
(10)
102
Any alarm business that sells or leases to any person an alarm system which
is installed on such person's residence or business shall provide for the
receiving of calls for service, maintenance or repairs, whether directly or
through an agent, on a twenty-four hour, seven day a week basis and shall
respond to such calls within four hours of the time such are received. Such
alarm system shall be installed in accordance with all applicable laws of the
City.
At the time of installation of any alarm system, the alarm business shall
furnish to the person for whom the alarm system has been installed, written
information as to how service, maintenance or repair can be obtained at any
time, including the telephone number to call for such service, maintenance
or repair. Such person shall be responsible for having the alarm system
serviced, maintained or repaired after it is learned from any source,
including the City, that the alarm system is not operating properly.
All alarm systems shall be maintained in good operating condition, in the
manner for which such system was designed and in compliance with City
building and electrical codes. The Chief of Police shall require that repairs
be made when the Chief determines such are necessary to assure proper
operation.
For a violation of this section, for failure to properly maintain any
installation, or when the number of accidental/false alarms reaches six in
any twelve month period, or three in any sixty day consecutive period, the
Chief of Police shall serve written notice upon a permit holder of intent to
revoke their permit. Such notice shall be given not less than seven days
prior to revocation. Such notice shall state the right of the permit holder to
appeal to the Mayor. If an appeal is filed in writing, the Mayor shall hold
a hearing on the matter and shall render a decision on the basis of the facts
presented. The Mayor’s decision shall be final. No person shall operate an
alarm system during the period in which the permit for such alarm system
has been revoked.
(g)
Liability of City. The issuance of any permit or permits in conjunction with this
section shall not constitute acceptance by the City of any liability to maintain any equipment, to
answer alarms or for anything in connection therewith.
(h)
Rules and Regulations. The Police Chief or his authorized representative shall
make and enforce such rules and regulations as he may deem necessary for the enforcement of the
provisions hereof, and for the proper determination and collection of the fees and charges herein
provided.
(i)
Permit and Inspection Fee. A fee of fifty dollars ($50.00) shall be paid to the City
for each permit issued as provided herein, to cover administrative and inspection costs. A separate
permit and fee shall be required for an intrusion alarm and a fire alarm emanating from the same
premises. Such permit shall not be transferable or assignable.
2014 Replacement
103
Police Department
(j)
129.10
Financial Institutions.
(1)
Any financial institution required to have an alarm system pursuant to
Federal or State law, rule or regulation, may install any such specialized
equipment thus mandated, and such costs of installation, maintenance,
repair and operation shall be borne solely by the institution installing the
same.
(2)
In the event that the specialized equipment permitted in subsection (j)(1) is
installed over or upon City property, the Police Chief shall have full,
complete and final authority to mandate the placement of such specialized
equipment, the continuous inspection of the same as may be necessary, and
the repair or replacement of inoperative or damaged equipment, the same
being at the sole expense of the financial institution placing such specialized
equipment.
(3)
A financial institution which places specialized alarm equipment over or
upon property of the City may, at any reasonable time, remove such
specialized equipment from City property, but no fee previously charged
for such installation or permit, or portion of such fee, shall be refundable
to such financial institution.
(4)
All financial institutions coming within the purview of this subsection (j)
shall remain amenable to all other provisions of this chapter and shall make
whatever application, receive whatever permits, and pay whatever fees
which may be applicable to the ownership and operation of any other alarm
system within the City by any other person.
(Ord. 87-61. Passed 4-4-88.)
(k)
Penalty. Whoever violates any provision of this section shall be guilty of a minor
misdemeanor for the first offense. Whoever violates any provision of this section shall be guilty
of a fourth degree misdemeanor for the second offense or subsequent offense.
(Ord. 94-31. Passed 5-2-94.)
129.091 AUTOMATED TELLER MACHINES; SURVEILLANCE CAMERAS.
(a)
Surveillance Cameras. Effective July 1, 1997 all banks and other financial
institutions in the City of Fairview Park providing access to an Automated Teller Machine which
is located outside of a building or other structure shall have installed and have functioning for the
safety of all users of Automated Teller Machines cameras capable of photographing the general
area around the ATM as well as the areas of ingress and egress to the ATM.
(b)
Inspection and Approval. The location of the cameras required by this ordinance
must be inspected and approved by the Chief of Police or his designated representative.
(c)
Penalty. Whoever violates any provision of this section shall be guilty of a first
degree misdemeanor. (Ord. 96-89. Passed 1-21-97.)
129.10 CRIME PREVENTION BUREAU.
(a)
The Police Chief is hereby authorized and directed to establish a Crime Prevention
Bureau within the Police Department which shall be operated under the day to day supervision of
the Chief of the Department. The person in charge of the Bureau shall be referred to and known
as the Crime Prevention Officer and shall be designated on the basis of training, experience and
other qualifications related to crime prevention. The Chief may designate such other officers and
members of the Department as he may, from time to time deem necessary or appropriate, as crime
prevention officers for duties incident to the operation of the Bureau.
2014 Replacement
129.11
ADMINISTRATIVE CODE
104
(b)
The duties of the Bureau, on behalf of the City and of all residents, shall include
the following:
(1)
To develop methods and systems for the prevention of crime;
(2)
To conduct and implement education programs and activities designed to
advise, recommend and assist the general public of and in measures which
may be taken to assist in the prevention of crime or assist in the solution of
crime;
(3)
To advise all persons upon request relative to home and personal security;
(4)
To advise all residents, apartment owners and tenants, and business owners
and tenants relative to the installation and maintenance of security systems,
alarms, locks, lighting and other safeguards;
(5)
To review plans for the construction of all structures within the City to
ascertain hazards relating to crime prevention and to suggest a means to
cause the elimination thereof as may be required by ordinance or State law;
(6)
To review the investigation and circumstances of all crimes in order to
evaluate crime prevention measures and devices which may be established
in the future and determine the feasibility and propriety of existing crime
prevention measures and devices;
(7)
To advise other members of the Police Department, not in the Bureau,
relative to various crime prevention practices and measures;
(8)
To establish procedures for the security and transportation of sums of
money and other valuables;
(9)
To establish procedures for the security of public officials and other
dignitaries while in the City;
(10) To coordinate neighborhood block watch, park patrol and neighborhood
patrol programs within the guidelines as established by the Police Chief;
and
(11) To enforce all ordinances of the City relative to crime prevention.
The Bureau shall have such powers and perform such other duties as may be conferred and
imposed from time to time by law. This delegation of duty shall not relieve any other division,
department, officer or employee of the City of any power or duty conferred by law or ordinance.
(c)
The members of the Bureau may, at all reasonable hours with the consent of the
owner, enter any building or premises within their jurisdiction for the purpose of inspecting same
to ascertain whether there exists any hazard to crime prevention which is required to be corrected
by law or ordinance. (Ord. 91-101. Passed 12-2-91.)
129.11 S.A.V.E. REWARDS PROGRAM.
(a)
The Chief of Police is hereby authorized and directed to establish a rewards
program within the City to be known as S.A.V.E. (Stop A Vandal Easily).
(b)
The Program shall be administered and conducted in the manner and form set forth
and described in detail in the rules and regulations attached to the original Ordinance 80-46, passed
June 16, 1980, made a part hereof and marked Exhibit "A”.
(c)
The Mayor, the Police Chief and the Chairman of the Safety Committee of Council
shall constitute the Rewards Committee and shall be solely responsible for determining when a
reward is appropriate and determining the amount of such reward.
2014 Replacement
105
Police Department
129.14
(d)
There shall be established a special fund account to be identified as the S.A.V.E.
Account, and such Account shall be used solely for the purpose of receiving and disbursing funds
related to the Program. (Ord. 80-46. Passed 6-16-80.)
129.12 LAW ENFORCEMENT TRUST FUND.
(a)
Pursuant to Ohio R.C. 2933.43(D), Council hereby establishes a Law Enforcement
Trust Fund which shall consist of the proceeds of the sale of contraband, lawfully seized and
forfeited to the Police Department, pursuant to the provisions of Ohio R.C. 2933.43(C).
(b)
Proceeds distributed to the Fund shall be allocated from the Fund by Council and
shall only be expended for the following purposes:
(1)
To pay the costs of protracted or complex investigations or prosecutions;
(2)
To provide reasonable technical training or expertise;
(3)
To provide matching funds to obtain Federal grants to aid law enforcement;
(4)
For such other law enforcement purposes as Council determines to be
appropriate.
(c)
Pursuant to Ohio R.C. 2933.43(D) the Fund shall not be used to meet operating
costs of the City that are unrelated to law enforcement.
(Ord. 86-58. Passed 11-3-86.)
129.13 JAIL FEES.
(a)
Other governmental entities using the Fairview Park City Jail shall be charged at
the rate of eighty-five dollars ($85.00) per day plus reimbursement for medical expenses with the
exception that the City of Cleveland be charged with the same amount per day that the City of
Cleveland charges the City of Fairview Park for the use of its facilities.
(Ord. 91-97. Passed 8-19-91.)
(b)
The Chief of Police shall report to Council annually setting forth the costs which
the City pays other governmental entities for the housing of Fairview Park prisoners.
(c)
The Chief of Police, or his designee, shall keep an accurate record of the use of the
City Jail by other governmental entities and shall promptly invoice the governmental entity using
such City Jail and forward a copy thereof to the Director of Finance of the City of Fairview Park.
(Ord. 90-123. Passed 1-22-91.)
129.14 ANIMAL CONTROL OFFICER.
The Police Chief is authorized to appoint and employ a part-time Animal Control Officer
who shall enforce Section 505 specifically, and perform such other duties as are specified by the
Chief. (Ord. 99-102. Passed 11-15-99.)
2014 Replacement
129.15
ADMINISTRATIVE CODE
106
129.15 ADMINISTRATIVE TOWING FEES.
An administrative towing fee is hereby established and the Police Department is hereby
authorized to charge an administrative towing fee in the amount of twenty-five dollars ($25.00)
to the owner of any vehicle seeking release of the vehicle from impound. The administrative
towing fee shall not be applicable in the event that the vehicle is not returned to or claimed by the
owner and shall be in addition to any fee that is charged by any agency that contracts with the City
of Fairview Park for police ordered tows. Such fee may be increased from time to time by the
Chief of Police to reflect the actual increase in costs associated with processing the police ordered
tow of a vehicle. The Chief of Police shall notify Council of such increases not less than thirty
days prior to the effective date of the increase.
(Ord. 12-48. Passed 12-17-12.)
2014 Replacement
107
CHAPTER 131
Fire Department
131.01 Composition and duties.
131.02 Appointment, advancement,
vacancies.
131.03 Fire Prevention Bureau
Officer.
131.04 Special fire investigations.
131.05 Fire protection outside
City.
131.06 Compulsory retirement.
CROSS REFERENCES
Fire protection contracts - see Ohio R.C. 307.05, 505.44, 717.02
Emergency alarms - see ADM. 129.10
Traffic direction in emergencies - see TRAF. 303.02
Following and parking near emergency or public safety vehicle - see TRAF. 331.27
Fire Prevention Bureau annual report - see FIRE PREV. 1501.02
131.01 COMPOSITION AND DUTIES.
(a)
The Fire Department shall be composed of the following:
One Fire Chief.
Three Captains.
Three Lieutenants.
Fire fighter first grade.
Firefighter second grade.
Firefighter probationary.
(Ord. 06-12. Passed 4-17-06.)
(b)
Two extra firefighters shall relieve regular firefighters on vacation or absent
through disability or other emergency, but no such extra firefighter shall be employed unless
needed for the purpose herein set forth, nor for a period of more than three consecutive months
at a time. The total number of firefighters in grades 1, 2 and 3 shall not exceed twenty-four.
(Ord. 75-67. Passed 12-8-75.)
2014 Replacement
131.02
ADMINISTRATIVE CODE
108
(c)
The Fire Department shall be charged with the prevention of fire, the protection of
life and property against fire, the operation and staffing of the City ambulance and Emergency
Paramedic Unit and shall under day to day authority and direction of the Chief of the Department:
(1)
Be responsible for the maintenance, improvement and care of all properties,
apparatus, tools, vehicles, equipment and fire alarms and signals used by
the Department in accordance with the directions of the Fire Chief.
(2)
Make and maintain a record of all fire, ambulance, mutual aid and
Emergency Paramedic Unit calls and maintain a dispatch center and
perform such other communications duties as may be required.
(3)
Perform various miscellaneous public services of an emergency and
nonemergency nature, including but not limited to, rescue, ambulance,
emergency medical, the suppression of unfriendly fire, the abatement of
hazardous conditions, disaster services and paramedic services.
(4)
Inspect potential fire hazards and other conditions unsafe to life safety and
abate existing fire hazards and other conditions unsafe to life safety.
(5)
Conduct an educational fire safety and fire prevention program.
(6)
Inspect and maintain fire hydrants.
(7)
Provide such training programs to Department personnel as may be
required consistent with effective operation and services.
(8)
Conduct such investigations as may be required by the Fire Chief.
(9)
Perform such other duties as are directed by the Fire Chief, which are not
inconsistent with the duties of the Fire Department.
Upon recommendation of the Fire Chief the requirement that members of the Fire
Department maintain the paramedic and/or emergency medical technical qualification may be
waived for an indefinite or specified period by the appointing authority if the appointing authority
determines that such waiver is consistent with the maintenance of the highest level of paramedic,
emergency medical and fire fighting service to the City and its citizens. Although professional
judgment should be exercised in each case, such judgment shall be based upon:
A.
The occurrence of a medically certified change in the physical or
emotional abilities of the individual which prevents the performance
of the duties of a paramedic and/or emergency medical technician;
or
B.
The failure to pass the recertification testing requirements provided
the individual continues to make good faith efforts to regain
paramedic certification and does regain such certification within six
months.
C.
A job change which, due to the responsibilities thereof, does not
require paramedic and/or emergency medical technician certification
as determined by the appointing authority.
(Ord. 83-5. Passed 12-19-83.)
131.02 APPOINTMENT, ADVANCEMENT, VACANCIES.
(a)
All officers and firemen shall be appointed by the Fire Chief, and shall be under
the rules and regulations of the Civil Service Commission of the City.
2014 Replacement
109
Fire Department
131.06
(b)
A fireman shall serve as a fireman third grade for the first six months next
following his original appointment to the Fire Department, and thereafter he shall automatically
advance to the rank of fireman second grade and shall serve in that grade for the next twelve
months. Thereafter, he shall automatically advance to the position of fireman first grade.
(c)
Any vacancies in the above classes shall be filled under the rules and regulations
of the Civil Service Commission.
(Ord. 64-56. Passed 11-16-64.)
131.03 FIRE PREVENTION BUREAU OFFICER.
In accordance with the provisions of the Fire Prevention Code, the Fire Chief is hereby
authorized and directed to assign and detail one officer to the Bureau of Fire Prevention, to
perform such duties as shall be consistent with such office. Notwithstanding the provisions of
Section 131.02, the work week for such officer assigned and detailed to the Bureau of Fire
Prevention shall consist of an average of forty hours per week.
(Ord. 64-40. Passed 6-15-64.)
131.04 SPECIAL FIRE INVESTIGATIONS.
The Fire Chief is authorized and directed to employ members of the Fire Department for
such specialized fire investigations and services and for maintaining the special fire alarm or
warning system at his sole discretion and when he deems it advisable.
(Ord. 62-73. Passed 12-3-62; Ord. 65-34. Passed 7-6-65.)
131.05 FIRE PROTECTION OUTSIDE CITY.
(a)
Effective October 8, 1965, in accordance with Ohio R.C. 717.021, Council hereby
grants authority to the Fire Department to render its services to another municipal corporation or
political subdivision in times of emergency.
(b)
The Mayor, the Fire Chief and/or any officer in charge of the Fire Department may
order and authorize such emergency fire service to be furnished to another municipal corporation
or political subdivision in times of emergency.
(Ord. 65-39. Passed 7-26-65.)
131.06 COMPULSORY RETIREMENT.
(a)
Effective January 1, 1974, no full-time members of the City Fire Department shall
be employed or continue to serve as a member of the Department after attaining the age of
sixty-five, except those full-time members of the Department who shall be permitted to continue
their employment past age sixty-five until completion of twenty-five years of continuous service
contingent upon the individual member passing an annual physical examination given by a
physician selected by the City.
(b)
Any officer or member of the Fire Department compelled to retire under this
section having accumulated overtime upon attaining his sixty-fifth birthday, shall be paid for such
overtime at the regular rate of compensation that he has received at his attained rank on the date
of retirement. (Ord. 73-44. Passed 6-18-73.)
2014 Replacement
2014 Replacement
111
CHAPTER 133
Division of Building
133.01 Building Commissioner.
133.011 Engaged professional Class I
(CBO) Building Official services.
133.012 Engaged professional inspection
services.
133.02 Assistant Building
Commissioner.
133.021 Building/Electrical/Plumbing
Inspector residential/commercial.
133.03 City Architect.
133.04 Clerk-Secretary.
133.05 Clerk-Recording Secretary
for boards and commission.
133.051 Assistant Clerk-Secretary.
133.06 Property Maintenance Officer.
133.07 Administrator of Community
Development.
133.08 Annual report.
CROSS REFERENCES
Zoning Code enforcement - see P.& Z. 1149.07
Administration and enforcement of Building Code - see BLDG. Ch. 1303
Examination of buildings - see BLDG. 1323.02
Exterior Property Maintenance Code enforcement - see BLDG. 1345.01
133.01 BUILDING COMMISSIONER.
There is hereby established the position of Building Commissioner for the City, which
office shall be under the supervision of the Director of Public Service and Development. The
Mayor shall, subject to the ordinances of the City and laws of the State of Ohio, appoint a Building
Commissioner.
(a)
The Building Commissioner shall be responsible for the administration and
enforcement of the Planning and Zoning, Building Codes, Residential Code of
Ohio, Housing and Property Maintenance Codes with regard to original
construction, alteration, erection, reconstruction, addition or repair of all buildings
and structures within the City and to the use, maintenance and occupancy thereof
and pursuant to such responsibility shall:
(1)
Administer and enforce the ordinances of the City relating to the use of
land;
(2)
Cause inspections to be made regularly in order to determine compliance
with the codes of the City pertaining to such buildings, structures and uses;
(3)
Cause the issuance of all building permits and supervise the inspection of
all work done pursuant to such permits;
2014 Replacement
133.011
ADMINISTRATIVE CODE
112
(4)
(b)
(c)
(d)
Cause the issuance and service upon the owner or violator of orders
requiring the repair or removal of all buildings, structures or conditions not
in compliance with the codes pertaining thereto and all requirements of law
or ordinance relating to the maintenance, use or occupancy thereof;
(5)
Cause the initiation of proceedings to compel compliance with such codes
and requirements;
(6)
Cause the issuance of all certificates of occupancy and inspection as
authorized and required by law;
(7)
Maintain a register of all building permits and a record of all compliance
orders;
(8)
Review and make recommendations to the Mayor, Council and the
appropriate Boards and Commission on proposals for changes or
amendments to the Planning and Zoning, Building, Housing and Exterior
Property Maintenance Codes;
(9)
Review plans and specifications for compliance to the Planning and Zoning
Code, Building Code and Residential Code of Ohio; and
(10) Issue rules and regulations for the operation of the Division of Building
consistent with the Charter, applicable rules and regulations of the Director
of Public Service and Development, ordinances of the City and laws of the
State of Ohio.
The Building Commissioner shall perform such other duties, consistent with his
office, as may be required by the Charter, by ordinance of Council, or as directed
by the Mayor or the Director of Public Service and Development.
Whenever the phrases "Building Commissioner", "Building Inspector" or "Building
Official" appear in the Charter or in any ordinance of the City, such phrases shall,
for the purpose of construing the Charter or such ordinance, be deemed to mean
each of the other phrases enumerated herein.
The Building Commissioner is hereby designated as the Building Official
responsible for the overall administration of the Division of Building and the
enforcement of the Ohio Building Code and the Residential Code of Ohio. The
Building Commissioner shall hold Certificates of Building Official and Residential
Building Official as required by the Ohio Administrative Code.
(Ord. 87-46. Passed 4-4-88; Ord. 08-66. Passed 1-19-09.)
133.011 ENGAGED PROFESSIONAL CLASS I (CBO) BUILDING OFFICIAL
SERVICES.
Effective March 1, 2001, the Mayor may engage a professional Class I Building Official
to provide backup inspection services in the event of the unavailability of the City’s full time Class
I Building Official; and to pay for such services the fixed rate of one hundred dollars ($100.00)
per day. The cost of such services shall be paid from account 100.520.5234.000.
(Ord. 01-21. Passed 5-7-01.)
133.012 ENGAGED PROFESSIONAL INSPECTION SERVICES.
Effective March 1, 2001 the Mayor may engage professional back-up inspection services
when necessary; and to pay for such services the fixed rate of thirty-five dollars ($35.00) per
inspection. The cost of such services shall be paid from account 100.520.5234.000.
(Ord. 01-22. Passed 5-7-01.)
2014 Replacement
113
Division of Building
133.04
133.02 ASSISTANT BUILDING COMMISSIONER.
(a)
There is hereby established in the Division of Building the position of Assistant
Building Commissioner to be filled by appointment by the Mayor to serve at the pleasure of the
Mayor.
(b)
The duties of the Assistant Building Commissioner shall be as directed and
prescribed by the Director of Public Service and Development and the Building Commissioner or
as may be required by ordinance of Council. In the absence of the Commissioner, he shall perform
any and all duties required to be performed by the Commissioner by virtue of any law or
ordinance applicable and effective in the City.
(Ord. 87-46. Passed 4-4-88.)
(c)
The Assistant Building Commissioner shall hold a valid Certificate of Building
Official, and Residential Building Official, Electrical Safety Inspector, Plumbing Inspector,
Building Inspector or any combination of the foregoing.
(Ord. 08-66. Passed 1-19-09.)
133.021 BUILDING/ELECTRICAL/PLUMBING INSPECTOR
RESIDENTIAL/COMMERCIAL.
(a)
There is hereby established in the Division of Building, the position of Building,
Electrical or Plumbing Inspector to be filled by appointment by the Mayor to serve at the pleasure
of the Mayor.
(b)
The inspector shall hold at least one valid certificate issued by the Board of Building
Standards to execute the duties required to enforce the rules of the board.
(c)
The duties of the Inspector shall be as directed and prescribed by the Director of
Public Service and Development and the Building Commissioner.
The Inspector shall perform any and all duties by virtue of any law or ordinance applicable
and effective in the City. (Ord. 08-66. Passed 1-19-09.)
133.03 CITY ARCHITECT.
(a)
When so authorized by Council, a City Architect shall be employed to assist and
advise the Division of Building and the various boards and commissions of the City in
architectural, planning and building matters, if such assistance is deemed advisable, with the
exception that such architect shall not be employed or his assistance solicited with respect to any
matters relating to the construction or alteration of single-family residences.
(b)
Any additional cost and expense of employing the architect, which is directly
attributable to an applicant or any other person submitting plans, drawings and specifications to
the City, which the City deems advisable to have the architect renew and obtain his approval
thereof, shall be paid by the applicant or other person.
(Ord. 65-60. Passed 12-6-65.)
133.04 CLERK-SECRETARY.
(a)
There is hereby established in the Division of Building the position of ClerkSecretary to be filled by appointment by the Mayor to serve at the pleasure of the Mayor.
(b)
The duties of the Clerk-Secretary shall be as directed and prescribed by the Director
of Public Service and Development and the Building Commissioner or as may be required by
ordinance of Council. (Ord. 87-46. Passed 4-4-88.)
2014 Replacement
133.05
ADMINISTRATIVE CODE
114
133.05 CLERK-RECORDING SECRETARY FOR BOARDS AND COMMISSION.
(a)
There is hereby established in the Division of Building the position of ClerkRecording Secretary whose duties shall include responsibility as Secretary for the Board of Zoning
and Building Appeals and the Planning and Design Commission to be filled by appointment by the
Mayor to serve at the pleasure of the Mayor.
(b)
The duties of the Clerk-Recording Secretary for the Board of Zoning and Building
Appeals and the Planning and Design Commission shall be as directed and prescribed by the
Director of Public Service and Development and the Building Commissioner or as may be required
by ordinance of Council. In addition thereto, the Clerk-Recording Secretary shall be responsible
for the taking and preparation of meeting minutes, for the providing of such notice of meetings
of the Boards and Commission as required by law and for the preparation of all communications
from the Boards and Commission; to attend the meetings of such Boards and Commission; and to
perform such other duties as may be required by such Boards and Commission in the discharge
of their respective responsibilities and duties.
(Ord. 87-46. Passed 4-4-88.)
133.051 ASSISTANT CLERK-SECRETARY.
(a)
There is hereby established in the Division of Building, the position of Assistant
Clerk-Secretary to be filled by appointment by the Mayor to serve at the pleasure of the Mayor.
(b)
The duties of the Assistant Clerk-Secretary shall be as directed and prescribed by
the Director of Public Service and Development and the Building Commissioner or as may be
required by ordinance of Council.
(Ord. 08-66. Passed 1-19-09.)
133.06 PROPERTY MAINTENANCE OFFICER.
(a)
There is hereby established in the Division of Building the position of Property
Maintenance Officer to be filled by appointment of the Mayor to serve at the pleasure of the
Mayor.
(Ord. 87-46. Passed 4-4-88.)
(b)
The duties of the Property Maintenance Officer shall be as directed and prescribed
by the Director of Public Service and Development and the Building Commissioner or as may be
required by ordinance of Council. In addition thereto, the Property Maintenance Officer shall
enforce the Zoning and Property Maintenance Codes in the course of the Property Maintenance
Officer’s duties.
(c)
The Property Maintenance Officer shall have knowledge and practical experience
in conducting exterior property maintenance inspections or hold a valid Certificate of Competency
as an electrical safety inspector, residential plumbing inspector, or residential building inspector.
(Ord. 08-66. Passed 1-19-09.)
133.07 ADMINISTRATOR OF COMMUNITY DEVELOPMENT.
(a)
There is hereby established in the Division of Building the position of Administrator
of Community Development to be filled by appointment of the Mayor to serve at the pleasure of
the Mayor.
2014 Replacement
115
Division of Building
133.08
(b)
The duties of the Administrator of Community Development shall be as directed
and prescribed by the Director of Public Service and Development and the Building Commissioner
or as may be required by ordinance of Council. In addition thereto, the Administrator of
Community Development shall develop and promote plans, programs and recommendations to
assure economic and community development, redevelopment and improvement in a properly
balanced and orderly manner and for such purposes shall:
(1)
Prepare and administratively process applications for Federal, State, private
or other financial grants and assistance in connection with programs and
projects the purpose of which are to foster and promote economic and
community development, redevelopment and improvement within the City,
and the administration of such programs and projects for the City;
(2)
Assemble, analyze and disseminate information, data and other materials
which may be helpful to persons, business, industry and the City, including
the commercial, educational, cultural, recreational and other advantages,
assets and attractions of the City;
(3)
Develop and implement policies, programs and strategies for the retention,
expansion and relocation of existing business and industry and for the
attraction of new business and industry;
(4)
Coordinate, monitor and evaluate all municipal programs and procedures
relating to economic and community development, redevelopment and
improvement; and
(5)
Serve as liaison for the City to and between persons, business, industry and
other public and private agencies, institutions, organizations and
associations related to the economic and community development,
redevelopment and improvement of the City, including providing technical
assistance to business, industry, persons and neighborhood organizations.
(c)
The Mayor may designate the Building Commissioner, or the Assistant Building
Commissioner, or both, to discharge the duties of the Administrator of Community Development.
(Ord. 87-46. Passed 4-4-88.)
133.08 ANNUAL REPORT.
The Building Commissioner shall prepare or cause to be prepared an annual report
detailing the programs and activities of the Division of Building, providing an evaluation thereof
and making such recommendations therefor as may be deemed necessary. The annual report shall
be submitted to Council on or before March 1 of each year.
(Ord. 87-46. Passed 4-4-88.)
2014 Replacement
2014 Replacement
117
CHAPTER 135
Parks and Recreation Commission
135.01 Powers and duties.
135.02 Limitation of other powers
and duties.
CROSS REFERENCES
Charter provisions - see CHTR. Art. VII, Sec. 3
Power to regulate speed in parks - see Ohio R.C. 4511.07(E)
Park land regulations - see GEN. OFF. 541.09
Parks - see S.U. & P.S. Ch. 921
Recreation facilities - see S.U. & P.S. Ch. 923
135.01 POWERS AND DUTIES.
The Parks and Recreation Commission established in accordance with Article VII, Section
3 of the City Charter shall have the following powers and duties:
(a)
To initiate and make periodic recommendations to the Administration as to
dedicated parks, other parks, parkways, playgrounds and public recreation areas,
improved or unimproved, whether owned or under the control of the City,
covering their nature, function, use, utilization, maintenance, beautification,
control, regulation, acquisition, sale or other alienation, or their rental or lease;
(b)
To provide for its own organization;
(c)
To select its own chair and all other necessary officers;
(d)
To adopt rules and regulations for the conduct of all business within its
jurisdiction;
(e)
To hold at least ten regularly scheduled meetings each year at a designated time
and place, and may hold such additional meetings as may be called by the chair
or upon the request of at least two members of the Commission or as provided in
the Charter;
(f)
To advise the Director of Recreation with respect to the planning, organizing and
establishing of policies to provide, within the limitations of available funds,
year-round recreation and leisure time activities and programs for the residents
of all ages of the City, which promote the health, welfare, and physical and
mental well-being of all residents, and provides an opportunity for wholesome
utilization of leisure time, not only to accommodate present needs, but also to
provide for expansion of such activities and programs to serve the future;
2014 Replacement
135.01
ADMINISTRATIVE CODE
(g)
(h)
(i)
(j)
(k)
(l)
(m)
118
To recommend to the Director reasonable fees and charges for participation in the
various recreation and leisure time activities and programs;
To act as advisors to the Board of Education, Mayor, Council and the Director
with regard to the short and long-range planning and implementation of acquiring,
developing, equipping, maintaining and improving existing physical park and
recreation equipment, facilities and properties including playgrounds, playfields,
gymnasiums, swimming pools and indoor and outdoor recreation centers;
(Ord. 89-85. Passed 4-2-90.)
To assist the Director in the preparation of a proposed budget for recreation and
leisure time activities and programs prior to the submission of same to the Mayor
and Council. To the extent that any such budget so prepared appropriates
revenues derived from any tax levied for recreation purposes or revenues derived
from fees and charges imposed for participation in recreation and leisure time
activities and programs, such budget may be amended, changed or modified only
after review and recommendation by the Commission and, after such review and
recommendation by the Commission, approval by the majority of Council. Any
action or recommendation of the Commission relating to the amendment, change
or modification of a proposed or adopted budget shall be jointly submitted to both
the Mayor and Council.
(Ord. 91-80. Passed 8-19-91.)
To assist in the coordination of all recreation and leisure time activities and
programs under the auspices of the Board of Education with the Board and the
City;
To assist volunteer organizations and groups conducting recreation and leisure
time activities and programs in the preparation and implementation of their
activities and programs;
(Ord. 89-85. Passed 4-2-90.)
To approve the appointment of the Director by the Mayor and to recommend to
the Director and Mayor the employment or removal of persons as play leaders,
supervisors, superintendents or employees for recreation purposes provided that
any such recommendation shall not be considered as binding upon the Director
or Mayor nor shall any such recommendation to the Director or Mayor be
considered as a prerequisite to such employment or removal;
To review any ordinance or resolution concerning the nature, function, use,
utilization, maintenance, beautification, control, sale or other alienation, or the
rental or lease in excess of one year of dedicated parks, other parks, parkways,
playgrounds or public recreation areas, or any part of any such dedicated park or
other public place, whether improved or unimproved, and whether owned by the
City or controlled by the City, and to make a recommendation thereon; and
(Ord. 90-108. Passed 2-4-91.)
2014 Replacement
119
Parks and Recreation Commission
(n)
135.02
To review and make recommendations regarding all ordinances and resolutions
proposing changes and improvements to park and recreation facilities.
(Ord. 89-85. Passed 4-2-90.)
135.02 LIMITATION OF OTHER POWERS AND DUTIES.
No provision of Section 135.01 shall be construed or interpreted to abrogate, diminish or
impair the legislative powers and duties of Council or of any member thereof or the executive
powers and duties of the Mayor or of the Director of Public Service and Development pertaining
to and regarding park and recreation facilities and properties.
(Ord. 89-85. Passed 4-2-90.)
2014 Replacement
2014 Replacement
121
CHAPTER 136
Department of Recreation
136.01 Department established.
136.02 Director of Recreation.
136.03 Secretary-Program Coordinator.
136.04 Appropriation of funds.
CROSS REFERENCES
Dedication of parks, vacation, use, disposition or rental see CHTR. Art. IV, Sec. 15
Parks and Recreation Commission - see ADM. Ch. 135
Park land regulations - see GEN. OFF. 541.09
Parks - see S.U. & P.S. Ch. 923
136.01 DEPARTMENT ESTABLISHED.
There is hereby established a Department of Recreation for the City.
(Ord. 89-86. Passed 4-2-90.)
136.02 DIRECTOR OF RECREATION.
There is hereby created and established the position of Director of Recreation. The Mayor
shall, subject to the provisions of the Charter, appoint a Director of Recreation. The Director
shall, subject to the provisions of the Charter, serve at the pleasure of the Mayor. The salary of
the Director shall be fixed by Council. On the first day of January next following the election of
the Mayor, the term of the Director shall expire. The Director shall have the following specific
duties and powers:
(a)
To issue all rules and regulations for the operation of the Department of
Recreation consistent with the Charter, applicable rules and regulations of the
Mayor, ordinances of the City and laws of the State of Ohio;
(b)
To develop, organize and administer all policies, activities and programs relating
to municipal recreation and leisure time programs and activities within the
limitation of available funds;
(c)
To supervise and exercise control over all employees, including play leaders,
supervisors, superintendent and employees of the Department;
(d)
To supervise playgrounds, playfields, gymnasiums, swimming pools and indoor
and outdoor recreation centers within the operational jurisdiction of the City;
2014 Replacement
136.02
ADMINISTRATIVE CODE
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
122
To make the Mayor and Council such recommendations as deemed necessary or
appropriate concerning the development of year-round recreation and leisure time
activities and programs for residents of all ages of the City;
To recommend to the Mayor, the Director of Finance and Council, on or before
the fifteenth day of February each year, a proposed line item Recreation budget,
together with a projected recreation and leisure time program, for the ensuing
year;
To assist volunteer organizations and groups conducting recreation and leisure
time activities and programs in the preparation and implementation thereof;
To meet and consult with the Parks and Recreation Commission and to provide
information thereto;
To prepare and submit on or before March 1 of each year, an annual report for
the Parks and Recreation Commission, the Mayor and Council, which report shall
include an evaluation of existing recreation and leisure time activities and
programs as well as anticipated future goals, plans and needs of the Department;
To establish all fees and charges for participation in the various activities and
programs within the operational jurisdiction of the Department, subject to
approval by the Mayor;
To enter into cooperative agreements, subject to the approval of the Mayor and
Council, between the City and the cities of Bay Village, North Olmsted, Olmsted
Falls, Rocky River and Westlake or with the appropriate boards or commissions
thereof as are deemed necessary and appropriate to provide recreation and leisure
time activities and programs for residents of all ages of the City;
To advise the Mayor and Council relating to the acquisition, development,
planning, equipping and operation of park and recreation facilities and properties;
(Ord. 90-109. Passed 12-3-90.)
To cooperate and coordinate with the Director of Public Service and Development
regarding the improvement, repair and maintenance of dedicated parks, other
parks, playgrounds, playfields, gymnasiums, swimming pools and indoor and
outdoor recreation centers;
(Ord. 91-82. Passed 6-17-91.)
To publicly solicit and utilize the services of volunteers to the maximum extent
possible in all recreation and leisure time activities and programs;
To establish and maintain a Recreation office within the City, subject to the
approval of the Mayor and Council. The hours of the Recreation office shall be
as determined by the Director; and
To perform such other duties, consistent with his office, as may be required by
the Charter, by ordinance of Council, or as directed by the Mayor.
(Ord. 90-109. Passed 12-3-90.)
2014 Replacement
123
Department of Recreation
136.04
136.03 SECRETARY-PROGRAM COORDINATOR.
There is hereby created and established the position of Secretary-Program Coordinator of
the Recreation Department whose salary shall be fixed by Council, which position shall be filled
by an appointment of the Mayor to serve at the pleasure of the Mayor and under the day to day
authority and direction of the Director of Recreation. The Program Coordinator shall have the
following specific duties and powers:
(a)
To prepare and maintain such records as required by the Director in a manner
prescribed by the Director;
(b)
To devise and promote booklets and materials pertaining to recreation and leisure
time activities and programs as required by the Director;
(c)
To assist the Director in the preparation of the proposed line item budget, the
annual report and the development of year-round recreation and leisure time
activities and programs for residents of all ages of the City;
(d)
To serve as Secretary to the Parks and Recreation Commission; and
(e)
To perform such office and other duties as may be required by the Director.
(Ord. 89-86. Passed 4-2-90.)
136.04 APPROPRIATION OF FUNDS.
Council shall appropriate such funds as it deems necessary and appropriate to carry out the
functions and duties of the Department of Recreation. Any tax revenues levied for recreational
purposes shall be used solely and exclusively for those purposes and shall be appropriated in
accordance with Section 135.01.
(Ord. 91-80. Passed 8-19-91.)
2014 Replacement
2014 Replacement
125
CHAPTER 137
Planning and Design Commission
137.01 Powers and duties.
137.02 Notice of Commission
meetings.
137.03 Quorum and vote.
CROSS REFERENCES
Charter provisions - see CHTR. Art. VII, Sec. 2
Commission review of all building permits - see P. & Z. 1149.05
Designation of landmarks - see P. & Z. Ch. 1155
Commission review of proposed zoning amendments - see P. & Z. 1157.02
Commission review of subdivision plans - see P. & Z. 1187.01, 1191.01
137.01 POWERS AND DUTIES.
In addition to the powers and duties conferred on the Planning and Design Commission by
Section 2, Article VII of the City Charter, the Commission shall have such further powers and
duties as now or hereafter may be imposed upon planning commissions by the Constitution or the
general laws of the State, and especially as provided in Ohio R.C. 713.02.
(Ord. 94-64. Passed 7-5-94.)
137.02 NOTICE OF COMMISSION MEETINGS.
The Secretary of the Planning and Design Commission is hereby directed to send
notification by regular U.S. mail of the date, time, place and subject matter of Commission
meetings and of the fact that the detailed plan or amendment thereto to be considered is on file in
the Division of Building and available for inspection to any person, firm or corporation owning
premises located within 300 feet of the lot line of the premises which are the subject matter of any
Commission meeting at least seven days, but not more than fourteen days before the date of such
meeting, and to publish such notification at least three days prior thereto in a newspaper of general
circulation in the City. Such 300 feet shall be measured from the lot line nearest the affected
person, firm or corporation as their interest appears in the current real estate records located in
the Division of Building.
(Ord. 94-64. Passed 7-5-94.)
2014 Replacement
137.03
ADMINISTRATIVE CODE
126
137.03 QUORUM AND VOTE.
(a)
A quorum of the Planning and Design Commission shall consist of four members,
and the concurring vote of four members of the Commission shall be required for approval of any
matter referred to it for consideration.
(b)
A member of the Commission shall not be qualified to vote if such member has not
attended the public meeting at which such matter was considered or if a member has a direct or
indirect interest in the matter. The Commission shall establish a procedure in its rules for the
replacement of the registered architect or of the person skilled in or engaged in the business of
landscape architecture who has a direct or indirect interest in the matter with the alternate
therefore.
(Ord. 94-64. Passed 7-5-94.)
2014 Replacement
127
CHAPTER 141
Civil Service Commission
141.01 Secretary.
141.02 Division into unclassified and
classified service.
141.03 Retention of classified service
classification.
141.04 Examination application fee.
141.05 Examinations adopted and
approved by Commission.
CROSS REFERENCES
Civil service - see Ohio Const.,Art. XV, Sec. 10
Members and duties - see CHTR. Art. VI
Civil Service Law - see Ohio R.C. Ch. 124
Civil Service Commission - see Ohio R.C. 124.40
Applicability to police and fire personnel - see
Ohio R.C. 737.051, 737.10, 737.11
141.01 SECRETARY.
The position of secretary of the Civil Service Commission is hereby established. The
secretary shall act as ex-officio chief examiner and shall have such other duties as the Commission
may direct.
141.02 DIVISION INTO UNCLASSIFIED AND CLASSIFIED SERVICE.
The civil service of the City is hereby divided into the unclassified service and the
classified service:
(a)
Unclassified Service. The unclassified service shall include the following positions,
which positions shall be exempt from all examination requirements:
(1)
All officers elected by popular vote or persons appointed to fill vacancies
in such offices;
(2)
The members of all boards and commissions appointed by the Mayor or
Council;
(3)
All directors, commissioners and heads of departments and divisions and
their assistants, except the Police Division and the Fire Division;
(4)
All secretarial and clerical positions;
(5)
All assistants to the Director of Law;
(6)
Any office or position requiring peculiar or exceptional qualification;
2014 Replacement
141.03
ADMINISTRATIVE CODE
128
(7)
(b)
The Clerk of Council and all other employees of Council as are engaged in
legislative duties;
(8)
Any recording secretary or clerk for all boards and commissions;
(9)
School crossing watchmen;
(10) Members of the auxiliary police unit;
(11) Temporary, part-time and/or seasonal employees; and
(12) The unskilled labor class which shall include ordinary unskilled laborers
Classified Service.
(1)
The classified service shall include the regular members of the Police
Department, except members of the auxiliary police unit and the school
crossing watchmen as provided in subsection (a) hereof; the regular
members of the Fire Department, except volunteer firemen; and any
employees not specifically included in the unclassified service.
(2)
The competitive class shall include all positions for which it is practicable
to determine the merit and fitness of applicants by competitive examination.
Appointments shall be made to all positions in the competitive class that are
not filled by promotion, reinstatement, transfer or reduction.
(Ord. 81-116. Passed 1-4-82.)
141.03 RETENTION OF CLASSIFIED SERVICE CLASSIFICATION.
Any employee who is promoted from a position in the classified service to a position in the
unclassified service shall, for a period of five years, retain his rights to the position in the
classified service. (Ord. 81-116. Passed 1-4-82.)
141.04 EXAMINATION APPLICATION FEE.
Due to the rising costs of administration, it is in the best interests of the City to establish
an application fee chargeable to applicants for civil service examinations for positions with the
Police and Fire Departments. Such fee shall be in an amount determined by the Civil Service
Commission, payable at the time an application is submitted by an applicant for admissions to the
civil service examinations for positions on the Police and Fire Departments.
(Ord. 81-116. Passed 1-4-82 )
141.05 EXAMINATIONS ADOPTED AND APPROVED BY COMMISSION.
(a)
The Civil Service Commission is hereby authorized to adopt and approve entrance
level and promotional examinations consisting of one or more tests in any combination of written,
oral and/or physical tests, demonstrations of skill and/or an evaluation of training and experience,
designed to fairly test the relative capacity of the persons examined to discharge the particular
duties of the position to which such person has made application or to which such person seeks
to be promoted.
(b)
Subsection (a) hereof is specifically intended to supersede State code limitations on
the design and content of civil service entrance and promotional examinations.
(Ord. 95-12. Passed 4-3-95.)
2014 Replacement
129
CHAPTER 143
Employment Provisions
143.01
143.02
143.03
143.04
143.05
143.06
143.07
143.08
143.09
143.10
143.11
143.12
143.13
143.14
143.15
143.16
143.17
143.18
143.19
143.20
143.21
143.22
143.23
143.24
Definitions.
Employees covered.
Objectives.
Compensation of classification
plan.
Class specifications.
Use of the plan.
Maintenance of the plan.
Amendments to position
classification plan.
Allocation appeals.
Development and maintenance
of compensation ranges.
Appointment rate.
Within-range increase.
Pay rates and transfer,
promotion or demotion.
Part-time employees.
Permitting overrun or
underrun on salaries as
required for computer
payroll methods; deductions
from pay.
Hours of work.
Overtime defined; overtime
premiums.
Longevity premium.
Uniform allowance.
Travel expenses and mileage
allowance.
Insurance premium payments.
Sick leave.
Vacation leave.
Holiday leave.
143.25
143.26
143.27
143.28
143.29
143.30
143.31
143.32
143.33
143.34
143.35
143.36
143.37
143.38
143.39
Funeral leave.
Military leave.
Jury leave.
Personal leave of absence.
Unauthorized leave.
Payment upon separation.
Training.
Physical examination.
Transfer of benefits.
Surety bonds.
Bi-weekly compensation
payment.
Voluntary deferred
compensation plan.
Incentive compensation.
Pick-up of employee
contributions to PERS by
salaried employees and
administrators.
Pick-up of employee
contributions to PERS and
PFDPF by service employees,
policemen and firemen.
CROSS REFERENCES
Workers' compensation - see Ohio Const., Art. II, Sec. 35;
Ohio R.C. Ch. 4115
Deductions for dues and savings - see Ohio R.C. 9.41, 9.43
Public Employees Retirement System - see Ohio R.C. Ch. 145
Expenses for attendance at conference or convention - see
Ohio R.C. 733.79
2014 Replacement
143.01
ADMINISTRATIVE CODE
130
143.01 DEFINITIONS.
For purposes of this chapter:
(a)
"Director" means the Director of the Administrative Department to which an
employee is assigned, or the Mayor with respect to an employee assigned to the
administrative control of the Mayor and members of boards and commissions, or
the President of Council with respect to an employee of Council, including the
Clerk of Council.
(b)
"Position" means a group of currently assigned duties and responsibilities whether
occupied or vacant requiring the full or part-time employment of one person.
(c)
"Class" means a group of positions (or one position) that:
(1)
Has similar duties or responsibilities;
(2)
Requires like qualifications; and
(3)
Can be equitably compensated in the same salary range.
(d)
"Class title" means the official designation or name of the class as stated in the
class specification. It shall be used on personnel records and actions. Working
or office titles may be used for purposes of internal administration.
(e)
"Employee" means any incumbent of a position.
(f)
"Regular full-time" employee means an employee who is employed on a regular
and continuing basis and for whom there is a reasonable expectancy that such
employment will continue in excess of six (6) months and excluding overtime is
in employment two thousand eighty (2080) or more hours per calendar year or an
average of forty (40) or more hours a week. The phrase "regular full-time"
employee does not include elected officials, members of any board or
commission, the Director of Law, attorneys in the Department of Law, and any
person providing services pursuant to contract, except as otherwise provided in
this chapter.
(g)
"Regular part-time" employee means an employee who is employed on a regular
and continuing basis and for whom there is a reasonable expectancy that such
employment will continue in excess of six (6) months and excluding overtime is
in employment less than two thousand eighty (2080) hours per calendar year and
averages less than forty (40) hours per week.
(h)
"Temporary full-time" employee means an employee who is employed on a
regular and continuous basis and for whom there is no reasonable expectancy of
regular and continuous employment with the City for a period in excess of six (6)
months and who averages forty (40) or more hours per week excluding overtime.
(i)
"Temporary part-time" employee means an employee for whom there is no
reasonable expectancy of regular and continuous employment with the City for
a period in excess of six (6) months and excluding overtime is in employment less
than two thousand eighty (2080) hours per calendar year and averages less than
forty (40) hours per week.
(j)
"Active employment" means the actual doing of the work which is a part of the
employee's position description and shall include the time periods which the
employee is on paid vacation leave, holiday leave, jury service and leave for
training. Active employment shall not include any time period during which an
employee is on sick leave, military leave, leave without pay, authorized leave,
receiving disability pay or under suspension.
2014 Replacement
131
Employment Provisions
(k)
(l)
(m)
(n)
(o)
(p)
143.04
"Salary" means the rate of compensation per year.
"Hourly" means the rate of compensation per hour.
"Regular work day" means the number of hours in an employee's work day as
established pursuant to this chapter.
"Regular work week" means the number of hours in an employee's work week
as established pursuant to this chapter.
"Overtime" means work in addition to the established schedule of hours of work
in the regular work day or regular work week.
"Retirement" means disability or service retirement under any State or Municipal
retirement system in this State.
(Ord. 89-10. Passed 6-17-91.)
143.02 EMPLOYEES COVERED.
The provisions of this chapter shall be applicable to all non-elected employees of the City
who are not beneficiaries of collective bargaining agreements executed by the City and the various
employee organizations, and who are regular full-time, regular part-time, temporary full-time or
temporary part-time employees of the City as defined in Section 143.01.
All beneficiaries of collective bargaining agreements are specifically excluded from the
operation of the provisions of this chapter with the exception of Sections 143.15, 143.20,
143.21(b), 143.31, 143.32, 143.34, 143.35, 143.36, 143.37, 143.38 and 143.39.
(Ord. 89-10. Passed 6-17-91.)
143.03 OBJECTIVES.
The employee classification plan shall include the classification schedule and a complete
inventory of all positions in the City Service, and accurate descriptions and specifications for each
class of employment. No person shall be appointed to or employed in a position in the City under
a title not included in the employee classification plan. In the plan, position titles shall be
standardized and each of them shall have the same meanings throughout the City Service.
(Ord. 89-10. Passed 6-17-91.)
143.04 COMPENSATION OF CLASSIFICATION PLAN.
The classification plan shall consist of all of the following:
(a)
A grouping into classes of similar positions which are approximately equal in
difficulty and responsibility, which call for the same general qualifications and
which can be compensated equitably within the same range of pay under similar
working conditions.
(b)
Class titles, descriptive of the work of the class, will identify each class, which
may be designated by a numerical class code.
(c)
Written specifications for each class of positions containing a description of the
nature of work and relative responsibility of the positions in the class: illustrative
examples of work performed in the class; requirements in terms of knowledges,
abilities and skills necessary in performance of the work; and a statement of the
type of experiences and training generally providing these knowledges, abilities
and skills.
(d)
A list showing the class to which each position in the City service is allocated.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
143.05
ADMINISTRATIVE CODE
132
143.05 CLASS SPECIFICATIONS.
The specifications of the classes of positions in the employee classification plan and their
various parts shall be used as a guide in the classification of positions and have the following force
and effect:
(a)
The specifications are descriptive and not restrictive. They are intended to
indicate the kinds of positions that are allocated to the several classes as
determined by their duties and responsibilities and shall not be construed as
declaring to any extent or in any way what the minimum or maximum duties or
responsibilities of any position shall be or as limiting or in any way modifying the
power of any appointing authority or administrative officer to assign, direct and
control the work of employees under his/her supervision. The use of a particular
expression or illustration shall not be held to exclude others not mentioned that
are of a similar kind or quality.
(b)
In determining the class to which any position should be allocated, the
specifications of each class shall be considered as a whole. Consideration shall
be given to the duties, specific tasks, responsibilities, qualification requirements
and relationships to other classes as together affording a statement of the
employment that the class is intended to embrace.
(Ord. 89-10. Passed 6-17-91.)
143.06 USE OF THE PLAN.
The employee classification plan shall be used:
(a)
In preparing public announcements of vacancies.
(b)
As a guide in preparing examinations which may be used to appraise the
qualifications of applicants in specific classes.
(c)
In determining promotional sequence and developing employee training programs.
(d)
In determining compensation to be paid for various types of work and establishing
and maintaining an equitable compensation plan.
(e)
In determining personnel service items in the budgets for the various
organizational units of the City government.
(f)
In providing uniform job terminology.
(g)
In setting up appropriate employment lists from which personnel may be certified
to fill vacancies.
(Ord. 89-10. Passed 6-17-91.)
143.07 MAINTENANCE OF THE PLAN.
The directors of the various administrative departments, together with the Mayor, and in
the case of the Clerk of Council and other employees of Council, the President of Council, shall
be responsible for the proper maintenance of the Employee Classification Plan so that it will reflect
continuously the duties currently being performed by each employee in the City in the class to
which each person is allocated. Each director of an administrative department shall propose to the
Mayor necessary amendments to the Employee Classification Plan, including the addition of new
classes, revision of existing classes, deletion of obsolete classes, and changes in class specifications
as follows:
2014 Replacement
133
Employment Provisions
(a)
(b)
(c)
(d)
(e)
(f)
(g)
143.07
The director of an administrative department shall, within sixty (60) days of the
creation of a new position in the department, complete or approve a written
position description of the duties and responsibilities of such position to be
forwarded to the office of the Mayor. The Mayor shall allocate the position to
one of the classes in the Classification Plan. If a suitable class does not exist, he
shall establish a new class and allocate the position to it.
Changes in the duties and responsibilities of a position involving the addition,
reduction, modification of assignments shall be reported to the Mayor by the
director of the administrative department concerned. If the changes are
determined to be permanent and are sufficiently significant to justify re-allocation
to a different classification, the Mayor shall assign the position to the class which
is appropriate under the modified circumstances.
The director of each administrative department shall periodically review or cause
to be reviewed the classification of positions and shall audit duties and
responsibilities of each change in the class specifications as required and shall
recommend to the Mayor such changes as are necessary to keep the Employee
Classification Plan current.
The Mayor may require administrative departments or employees to submit
position descriptions on a periodic basis or anytime he has reason to believe there
has been a change in the duties and responsibilities of any position. The Mayor
shall direct the grading and classifying of all positions of the City's service at least
once every five (5) years on a cyclical basis.
Any employee may request in writing a classification review of his/her position
at any time providing the position has not been reviewed within the previous
twelve (12) months. The director of the administrative department shall forward
the request to the Mayor within ten (10) days of receipt. The Mayor shall act on
any request involving an individual position within sixty (60) days and on any
request involving several positions, as promptly as possible after receipt of such
request. Changes in duty assignments must be more than temporary in nature and
the incumbent must be performing the duties for the duration of not less than one
month to warrant investigation.
The assignment of duties to a position whether the duties are temporary or
permanent, incidental or essential, the location of work, the type of equipment
and tools to be used and the scheduling of shift assignments shall be wholly the
responsibility of the Director, the Police or Fire Chief in the case of those
Departments, and the President of Council with respect to employees of Council,
including the Clerk of Council. The classification plan shall in no way operate
or be construed to operate, to limit or interfere with his/her responsibility for the
assignment of duties.
With reference to employees of Council, including the Clerk of Council, the
President of Council shall discharge the duties and obligations imposed upon
directors of administrative departments by subsections (a) through (e) hereof and
the Council shall discharge the duties and obligations imposed upon the Mayor
in such subsections.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
143.08
ADMINISTRATIVE CODE
134
143.08 AMENDMENTS TO POSITION CLASSIFICATION PLAN.
The establishment of a new class of positions or the abolishment of a current class of
positions shall be made by amendment to the Classification Plan. When a filled position is
re-allocated, the action shall be administered as though the original position was abolished and a
new position with a different classification established.
(Ord. 89-10. Passed 6-17-91.)
143.09 ALLOCATION APPEALS.
If an administrative employee believes his/her position has been improperly allocated or
re-allocated to a class, the employee may appeal to the Civil Service Commission. The procedure
for such appeals shall be as follows:
(a)
A written appeal shall be prepared and filed with the Secretary of the Civil
Service Commission within thirty (30) days of the date upon which the employee
was notified of this class allocation or re-allocation.
(b)
The appeal shall set forth the reasons therefore.
(c)
The Civil Service Commission shall consider all appeals and shall provide
reasonable opportunity for the appellant and appellee to be heard.
(d)
The Civil Service Commission shall notify the appellant and appellee in writing
of its decision which shall be final. Any decision of the Civil Service
Commission under this provision which allocates a position of an employee to a
different class in the Employee Classification Plan shall be retroactive to the date
the appeal was filed unless otherwise ordered by the Civil Service Commission.
(Ord. 89-10. Passed 6-17-91.)
143.10 DEVELOPMENT AND MAINTENANCE OF COMPENSATION RANGES.
The compensation range for each position shall be determined by Council with due regard
for ranges of pay of other position classes, relative difficulty and responsibility of each position
in each class, availability of employees in particular occupational categories, prevailing rates of
similar employment in private establishments in the Fairview Park area and the municipal service
of other public jurisdictions in the general area, cost of living factors, the financial policies of the
City and other economic considerations.
The Mayor shall make comparative studies of factors affecting the level of salary ranges
as often as necessary and shall submit his/her recommendations to Council for its action.
(Ord. 89-10. Passed 6-17-91.)
143.11 APPOINTMENT RATE.
The minimum rate established for a class shall be paid upon appointment except that
appointment rates above or below the minimum rate may be authorized by the Mayor upon the
written request of a Director of a Department, or in the case of an employee of Council, including
the Clerk of Council, may be authorized by action of Council.
(a)
Appointments above the minimum rate.
Approval for appointments above the minimum rate shall be based upon
exceptional qualifications of the appointee or inability to employ eligible
candidates at the minimum rate.
2014 Replacement
135
Employment Provisions
(b)
143.13
Appointments below the minimum rate.
Approval for appointments below the minimum rate may be made where the
candidate possesses less than the minimum acceptable qualifications for a
classification. Such appointments shall be made on a trainee basis. When it is
determined by the Mayor, the director of the employing administrative department
or the President of Council that the trainee is able to function on a full
performance basis, he/she may be advanced to the regular minimum rate.
(Ord. 89-10. Passed 6-17-91.)
143.12 WITHIN-RANGE INCREASE.
Salary adjustments within an established range shall not be automatic but shall be dependent
upon formal recommendation of the director of the employing administrative department to the
Mayor, or in the case of an employee of Council, the Council. Any employee whose job
performance is satisfactory shall be advanced within the steps in his/her assigned pay range and
shall be based on the performance rating given pursuant to standards of performance established
by the Mayor for administrative department employees and the President of Council for employees
of Council, including the Clerk of Council. The employee shall be informed of the reasons for
withholding an increase and the improvement in performance required to obtain a satisfactory
rating. General increases or decreases resulting from the adjustment of the basic compensation
schedules shall not prevent within-range increases in accordance with this section.
(Ord. 89-10. Passed 6-17-91.)
143.13 PAY RATES AND TRANSFER, PROMOTION OR DEMOTION.
If an employee is transferred, promoted or demoted upon the recommendation of the
director of the employing administrative department and approval by the Mayor, or, in the case
of an employee of Council, including the Clerk of Council, upon the recommendation of the
President of Council and approval of Council, the employee's pay for the new position shall be
determined as follows:
(a)
If the rate of pay in the former class is less than the minimum rate established for
the class of the new position, the rate of pay shall be advanced to the minimum
for the class.
(b)
If the rate of pay in the former class is more than the maximum rate established
for the new class, the pay shall be reduced to the maximum rate or an
intermediate rate of the new range.
(c)
If the rate of pay in the former class falls within the new rate of pay, the salary
rate shall remain the same in the case of transfer and shall be increased in the case
of a promotion and shall remain the same or adjusted to a lower step in case of
a demotion.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
143.14
ADMINISTRATIVE CODE
136
143.14 PART-TIME EMPLOYEES.
(a)
Employees of the City, except as provided in subsection (b) hereof, who were hired
on a part-time basis, shall be paid only such part of the rate of full-time employees in the same
position class as is proportionate to the amount of time actually worked by such employee during
any pay period to the amount of time regularly worked by a full-time employee in the same
position class during a regular pay period. Part-time employees may be paid on an hourly or
salary basis as shall be determined by the director of the department in which such employee is
hired. The hourly rate of a part-time employee shall be determined by the director of the
department in which such person is employed by dividing the regular number of work week hours
for full-time employees in the appropriate classification into the weekly equivalent for the annual
salary of such full-time position.
(b)
As to employees assigned to their respective control, the President of Council, and
the director of any administrative department with the approval of the Mayor, or the Mayor may
determine that an employee does not fit any existing position classification for full-time
employment in which case the President of Council or the Mayor may recommend to Council that
a separate position classification be established for such part-time work together with a specific
rate of pay schedule which position schedule classification shall be designated as part-time. For
a separate position classification for which a rate of pay is established for a specific part-time
position, the provisions of subsection (a) hereof shall not apply.
(Ord. 89-10. Passed 6-17-91.)
143.15 PERMITTING OVERRUN OR UNDERRUN ON SALARIES AS
REQUIRED FOR COMPUTER PAYROLL METHODS; DEDUCTIONS
FROM PAY.
(a)
In order to facilitate the handling of entries for computer payroll methods and to
eliminate the necessity for adjustments for overruns and underruns which may occur through this
method and to take care of overruns and underruns resulting in bi-weekly pay periods, the Director
of Finance is authorized to adjust and pay overruns and underruns not to exceed one dollar ($1.00)
per employee per year.
(b)
The Director of Finance is authorized to deduct or withhold from an employee's
wages or salary such sums of money as specifically authorized in writing by such employee, and
apply or remit such funds, so withheld in accordance with such employee's written instructions.
(Ord. 89-10. Passed 6-17-91.)
143.16 HOURS OF WORK.
Other than the Clerk of Council whose schedule is established by the Council or its
Presiding Officer, the regularly-assigned work week and the regularly assigned work-day for all
employees of the City who are amenable to the provisions of this chapter shall be established by
the directors of the various departments and approved by the Mayor. Each employee shall be
advised, in writing, as to what constitutes a regular work week and a regular work day for such
employee.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
137
Employment Provisions
143.17
143.17 OVERTIME DEFINED; OVERTIME PREMIUMS.
(a)
Any work in excess of the regular work week and the regular work day shall be
compensated at the overtime premium as set forth herein. For the purpose of calculating overtime,
all leave with pay granted elsewhere in this chapter, with the exception of sick leave and jury
leave, shall be included as work actually physically performed.
(b)
Overtime work may be authorized in cases of emergency absolutely necessitating
such overtime work and, in such event, may be authorized by an administrative director, subject
to the approval of the Mayor, or by the President of Council as to employees of Council.
(c)
The directors of departments, the Secretary to the Mayor, secretaries to the
directors of departments, secretaries to boards and commissions, Clerk of Council and attorneys
in the Department of Law shall not be entitled to compensation in money or time off for hours
worked on a holiday, or each hour worked in excess of eight (8) hours per day or for each hour
worked in excess of forty (40) hours during any work week.
(d)
Any employee of the City not engaged in fire protection or law enforcement
activities and exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as
amended, may receive at the discretion of the Director of the employee's Department, or the
appointing authority of those employees not in a Department administered by a Director:
(1)
Compensation in money at a rate not to exceed one and one-half (1.5) times
the rate of hourly pay established for such employee for all hours worked
on a holiday and for each hour worked in excess of eight (8) hours per day
or in excess of forty (40) hours in any work week; or
(2)
Time off from the performance of duty during regular hours of work at a
rate not to exceed one hour for each hour worked on a holiday and for each
hour worked in excess of eight (8) hours per day or in excess of forty (40)
hours during any work week. The time off shall be used within thirty (30)
days after it was earned or it shall be forfeited. The director of the
employee's department or the appointing authority of those employees not
in a department administered by a director shall determine when an
employee may use such time off.
(e)
An employee of the City not exempt from the overtime provisions of the Fair Labor
Standards Act of 1938, as amended, shall be entitled to overtime compensation of a rate of one
and one-half (1.5) his/her regular hourly rate times the hours worked in excess of eight (8) hours
per day or in excess of forty (40) hours per week or for all hours worked on a holiday either in
money or time off in accordance with the Fair Labor Standards Act of 1938, as amended.
Accrued time off for such employees shall not be forfeited at any time.
(f)
The Chief of Police and the Fire Chief shall not be entitled to compensation in
money or time off for hours worked on a holiday, for each hour worked in excess of eight (8)
hours per day or for each hour worked in excess of forty (40) hours during any work week.
2014 Replacement
143.18
ADMINISTRATIVE CODE
138
(g)
The employees of the City engaged in fire protection or law enforcement activities,
employed in a bona fide executive, administrative or professional capacity, other than the Chief
of Police and Fire Chief, and not covered by a collective bargaining agreement with an employee
organization representing employees may receive overtime compensation in accordance with
subsection (d) hereof.
(Ord. 89-10. Passed 6-17-91.)
143.18 LONGEVITY PREMIUM.
(a)
Effective January 1, 2003, all non-elected full-time employees shall receive an
additional compensation for length of full-time, continuous service with the City according to the
following schedule:
One hundred dollars ($100.00) for each year of consecutive full-time service with this City
commencing on the employee’s fifth anniversary date of such service with the City. At that time
the employee will become entitled to a sum of five hundred dollars ($500.00), which will be paid
in a lump sum in the first pay period of December of that year. Employees with more than five
(5) years of consecutive full-time service with the City shall be entitled to one hundred dollars
($100.00) per year of service up to a maximum of twenty-five hundred dollars ($2,500).
Longevity will continue to be awarded on the employee’s successive anniversary dates of
consecutive full-time service to the City according to the procedure hereinbefore provided.
(b)
All sums payable to any employee by virtue of this section shall be prorated in the
year of separation to the date of such separation.
(c)
Elected officials, attorneys in the Department of Law, the City Engineer, members
of any board or commission, any person providing services pursuant to contract and seasonal
employees shall not be eligible for longevity compensation hereunder.
(d)
No individual employed by the City in more than one capacity shall be entitled to
the benefits of this section other than the primary Department of such employee.
(e)
Except as provided in subsection (b) and subsection (f), termination of employment,
for any reason, either voluntary or involuntary, shall terminate all rights and accrued benefits and
eligibility under this section. Any employee who retires and is re-hired full-time by another
Department of the City shall accrue benefits hereunder as if the employee were a new employee
and prior service with the City shall not be counted.
2014 Replacement
139
Employment Provisions
143.19
(f)
In the event an employee leaves the employment of the City under the disability
provisions of a pension program or dies while still on the active payroll of such department, then
the longevity benefits payable under this section shall be prorated for such period of time. Such
prorated longevity benefits shall be payable in a lump sum within thirty (30) days after disability
commences or death of such employee and shall be paid to such member or surviving wife or
husband, dependent children or heirs designated in the estate of the employee, in the order
hereinbefore named.
(g)
In each calendar year the anniversary date of the employment shall be the first day
of the month in which the employee commenced his continuous full-time employment with the
City. In calculating length of an employee’s continuous employment, full-time service in all
Departments of the City shall be included.
(Ord. 03-46. Passed 12-1-03.)
143.19 UNIFORM ALLOWANCE.
(a)
For those employees required to wear special uniforms in carrying out their duties,
the City will pay an annual allowance, as and for a uniform purchase, maintenance and repair
allowance according to the following schedule:
(1)
To the Foreman, the Assistant Foreman and the Traffic Signal Technician
of the Department of Public Service and Development, the same sum as
is paid to other employees of such Department.
(2)
To the Chief and Assistant Chief of the Fire Department, the same sum
as is paid to other employees of the Fire Department.
(3)
To the Chief and Captain of the Police Department, the same sum as is
paid to other employees of the Police Department.
(b)
The aforesaid allowances shall be paid on a semi-annual basis. Any uniform
required to be worn by any of the aforementioned employees, or any portion thereof, which may
be damaged or destroyed in the line of duty, ordinary wear and tear excepted, shall be replaced
by the City.
(c)
The aforesaid mentioned uniform allowances shall be prorated to the date of
resignation or retirement of such employee. If such uniform allowance account is overdrawn, the
overdrawn amount shall be prorated and deducted from the final salary payment of such employee.
If an employee is due a uniform allowance payment at the time of termination of employment, the
amount so due shall be paid on a prorated basis based upon the applicable annual allowance and
shall be added to the final payment.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
143.20
ADMINISTRATIVE CODE
140
143.20 TRAVEL EXPENSES AND MILEAGE ALLOWANCE.
(a)
The travel expenses of any City official or employee attending meetings,
conferences or conventions relating to municipal affairs outside the City or while engaged in any
official business, including travel, lodging, meals, fees, tips and gratuities, and other business
related expenses shall be paid by the City or such person shall be properly reimbursed for the
expense so incurred if the travel is first authorized by the Mayor and the director of the department
to which the employee is assigned or in the case of a member of Council by the President of
Council and if the Director of Finance certifies that funds are appropriated and available for such
purposes. The maximum reimbursement for meals shall be twenty dollars ($20.00) per day
proportioned as follows - breakfast, five dollars ($5.00), lunch, six dollars ($6.00) and dinner,
nine dollars ($9.00).
(b)
Any City official or employee required to travel outside the City in the performance
of their duties or on official business on behalf of the City shall be compensated for the use of such
personal automobile at the maximum rate as permitted by Internal Revenue Service Regulation.
(c)
An application for payment of travel expenses and mileage allowance pursuant to
this section shall be accompanied by a detailed expense account and shall be promptly submitted
after the expense has been incurred.
(Ord. 89-10. Passed 6-17-91.)
143.21 INSURANCE PREMIUM PAYMENTS.
Insurance premium payments shall be provided for employees as follows:
(a)
Hospitalization and/or Health Plan Insurance. Each regular full-time employee
of the City may elect to participate in one of the following plans:
(1)
A group policy or contract, approved by the Board of Control, providing
health, medical, hospital, surgical benefits or any combination thereof
covering employees for which the City shall provide full premium
payments; or
(2)
A contract or contracts approved by the Board of Control providing health
care services with a health maintenance organization, organized under the
Ohio Revised Code, for which the City shall pay up to, but not exceed,
the sum the City would otherwise pay for the insurance contract(s)
available to the employee under subsection (a)(1) hereof with the balance
to be paid by the employee through payroll deduction.
No amounts hereunder shall be paid directly to any employee which shall
be credited against the cost to the employee of such insurance coverage.
No employee shall receive the benefit of this provision in more than one
employment capacity with the City. An election to participate in the
group shall be made only at such times as permitted by the insurance
carrier or health maintenance organization.
(3)
In lieu of the provisions of subsections (a)(1) and (a)(2) hereof, the City
may self-fund health, medical, hospital and surgical benefits and acquire
umbrella or stop-loss insurance for such benefits if approved by ordinance
of Council.
2014 Replacement
141
Employment Provisions
(b)
143.22
The City shall provide full premium payment for the group liability insurance
contract applicable to employees as may specifically be designated by the Board
of Control.
(Ord. 89-10. Passed 6-17-91.)
143.22 SICK LEAVE.
All regular full-time employees of the City shall receive sick leave according to the
following terms and conditions:
(a)
Sick leave is defined as an absence from duty with pay necessitated by:
(1)
Illness or injury to an employee claiming such sick leave.
(2)
Exposure by an employee claiming sick leave to a contiguous disease
communicable to other employees.
(3)
The maternity confinement of an employee or spouse of an employee or
for illness or injury to a person related to an employee in the first degree
by consanguinity or affinity.
(b)
All employees shall earn sick leave at the rate of four and six-tenths (4.6) hours per
weekly pay period during which the employee actually worked or was absent by
reason of leave granted elsewhere in this chapter with the exception of leave
without pay. (Ord. 89-10. Passed 6-17-91.)
(c)
Administrative and nonbargaining unit employees may accumulate sick leave to an
unlimited amount and shall use such leave in segments of not less than one hour.
Upon the retirement or death of any such employee who has not less than ten years
of continuous employment with the City and who has qualified for retirement
benefits from a State of Ohio Public Employee Retirement System, such employee
shall be entitled to receive a cash payment equal to the employee’s hourly rate of
pay at the time of retirement multiplied by one-half the total number of accumulated
but unused sick hours earned by such employee, provided, however, that such
resulting number of sick hours to be paid shall not exceed 1307 hours. In the case
of a deceased employee, accumulated sick leave is payable as provided in Section
143.30. (Ord. 95-120. Passed 2-20-96; Ord. 08-38. Passed 6-2-08.)
(d)
There will be no reduction of sick leave time when an employee is absent due to
a job related injury or disease if such employee shall authorize the Industrial
Commission of Ohio and/or the Bureau of Workers' Compensation to mail his/her
warrants for compensation in care of the City in order that the City may be
reimbursed to the extent of the advancements made to the employee or any portion
thereof. Attendance and credit records shall be maintained by the Director of the
employing department and submitted to the Department of Finance with each pay
period.
(e)
An employee, who, without resigning or retiring, transfers from one Department
of the City to another Department of the City shall be credited with the unused
balance of the employee's accumulated sick leave.
(f)
The director of the employing department may require an employee to furnish a
satisfactory written, signed statement to justify the use of sick leave. If medical
attention is required, a certificate stating the nature of the illness from a licensed
physician may be required to justify the use of sick leave. Falsification of either
a written, signed statement or a physician's certificate shall be grounds for
disciplinary action, including dismissal. No sick leave shall be granted an
employee upon or after retirement or termination of employment.
2014 Replacement
143.23
ADMINISTRATIVE CODE
(g)
(h)
(i)
(j)
(k)
(l)
(m)
142
An employee from the State or any of its political subdivisions to the City shall be
credited with the unused balance of accumulated sick leave up to the maximum
permitted in this section provided proof of such sick leave credit is furnished in
writing by the employee's former employer and further provided that there shall
be no cash payment for such sick leave credit transferred upon termination of
employment.
Employees laid off for more than one (1) year will receive accumulated sick leave
based upon the last day worked and paid in accordance to the provisions of this
section after lapse of one (1) year if not recalled.
Employees who are discharged for cause forfeit all rights to payment under this
subsection.
The department head shall require the employee to furnish a satisfactory written
statement to the effect that the absence was caused by illness or injury.
Employees who have been absent for three (3) days or more, due to illness or
injury, shall be required to present a statement from a physician validating that they
are physically able to resume their regular duties on a regular basis.
When an employee has been absent for less than three (3) days, the department
head, at his/her discretion, may request a statement from the employee from his/her
physician before the employee may return to work.
In the event any employee has been off duty for a serious injury or disease or any
employee has suffered loss of limb or sight or physical or mental disability or if
any such employee is unable to perform the duties performed prior to disability, the
director or Mayor, or the President of Council in the case of employees of Council,
may deem it necessary to have the employee approved by the City physician before
such employee returns to work.
Sick leave shall not be used for retirement purposes, as for example, an early
retirement.
(Ord. 89-10. Passed 6-17-91.)
143.23 VACATION LEAVE.
Each regular full-time employee is entitled to annual vacation leave with pay according to
the following schedule:
(a)
After one year full-time service, two weeks (ten work days);
After five years full-time service, three weeks (fifteen work days);
After ten years full-time service, four weeks (twenty work days);
After fifteen years full-time service, five weeks (twenty-five work days);
After twenty-three years full time service, six weeks (thirty work days).
2014 Replacement
143
Employment Provisions
(b)
(c)
(d)
(e)
(f)
(g)
143.24
An employee shall become eligible for leave on or after the employee’s anniversary
date and vacation leave shall be taken by the employee within twelve months
thereafter, except that no more than one year’s vacation may be taken in any
calendar year, provided however, that the Mayor as to an employee of an
Administrative Department or the President of Council as to an employee of
Council shall have the authority to permit an employee to use vacation hours during
the first two months of the following year due to staffing or other unforeseen
circumstances which prevent the employee from otherwise using the vacation leave
as provided herein.
For the purpose of calculating vacation leave, only such time as the
employee has in continuous service with the City shall be utilized and, except as
provided in Ohio R.C. 9.44, no credit for previous employment other than with the
City shall be given provided, however, that any part-time service with the City
shall be credited toward vacation leave on a pro-rata basis.
The Director of each Department shall designate the time when each employee may
take vacation leave.
Except as provided in subsection (b) every employee shall use the employee’s full
vacation allowances each year. Vacation time is not cumulative from one year to
another. No employee shall be paid salary in lieu of vacation.
No officer or employee of the City shall receive the benefit of the provisions of this
section in more than one employment capacity with the City. The period of
vacation for Clerk of Council shall be designated by its Presiding Officer.
If an employee is terminated, voluntarily or involuntarily, prior to taking his/her
vacation, he/she shall receive the prorated portion of any fully earned but unused
vacation leave at the time of separation.
If a recognized holiday falls within an employee’s vacation leave, the
employee shall receive an additional paid holiday vacation day in lieu of the holiday
either at the beginning or at the end of the vacation leave.
In the last calendar year of any person’s employment with the City, the vacation
pay to which the employee will be entitled in addition to any unused vacation leave
will depend of the amount of time worked since the last anniversary date of
employment of the employee. The number of days elapsing between the last
anniversary date and the end of the last day of employment, divided by the number
of days in the calendar year multiplied by the number of normal vacation days for
that person will determine the number of vacation days for which the employee is
paid. A terminal fraction of five-tenths (.5) or more will be raised to a full day and
a terminal fraction of less than five-tenths (.5) will be dropped.
(Ord. 03-46. Passed 12-1-03.)
143.24 HOLIDAY LEAVE.
(a)
Each regular full-time and regular part-time employee shall receive holiday pay at
regular compensation on the following work days:
2014 Replacement
143.25
ADMINISTRATIVE CODE
144
New Years Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Employee's birthday
Four floating holidays as approved by the director of the administrative department or the
President of Council for employees of Council, including the Clerk of Council.
(b)
Should holiday leave granted herein occur on a Sunday, the following Monday shall
be observed as the holiday. Should holiday leave granted herein occur on a Saturday, the
preceding Friday shall be the holiday. Should an employee be regularly scheduled for work on
a day defined hereinbefore as holiday leave, such employee shall be entitled to take such holiday
leave at another time as may be approved by the director of the employing department. Refusal
on the part of an employee to work on a holiday when requested to do so shall constitute a
forfeiture of all benefits of holiday pay under this section. Failure of an employee to work on a
scheduled work day preceding and the scheduled work day succeeding the holiday, unless excused
by the Mayor or department or division head or President of Council, or unless on vacation shall
constitute a forfeiture of all benefits of holiday pay under this section.
(c)
Holiday pay shall not apply to temporary, seasonal or per diem personnel.
(d)
No employee shall receive the benefit of this section in more than one (1)
employment capacity with the City.
(Ord. 89-10. Passed 6-17-91.)
143.25 FUNERAL LEAVE.
All regular full-time and regular part-time employees shall be granted funeral leave
according to the following schedule:
In the event of the death of spouse, mother, father, child, brother, sister, grandparents,
grandchild, parents-in-law, son-in-law, daughter-in-law, sister and brother-in-law or person who
has been in loco parentis to the employee, a maximum of three (3) work days which shall not be
deducted from sick leave. In a death in the immediate family as hereinbefore occurs while the
employee is on duty, the employee shall be excused for the remainder of the work day and such
time shall not be charged to leave of any kind.
(Ord. 89-10. Passed 6-17-91.)
143.26 MILITARY LEAVE.
(a)
All employees who are members of the Ohio National Guard, the Ohio Military
Reserve, the Ohio Naval Militia, or other reserve components of the Armed Forces of the United
States of America, shall be entitled to military leave from their respective duties for such times as
they are on field training or active duty for a cumulative period not to exceed thirty-one (31) days
in any calendar year. Application for military leave shall be submitted to the director of the
employing department at least thirty (30) days in advance of the proposed leave.
2014 Replacement
145
Employment Provisions
143.28
(b)
If compensation by any military authority given during the period of leave is less
than the regular compensation which would have been given by the City for such period, the
employee shall be paid by the City the difference in cash money between the regular pay and the
military pay. Should the military compensation exceed the regular compensation from the City,
the employee shall not be required to reimburse the City with such differential in cash money.
Reimbursed expenses, travel and subsistence pay and all other similar allowances shall not be
considered in determining the amount of pay received for such service, training, or active duty.
The provisions of this section shall not apply if such military service, field training or other active
duty is less than seventy-two (72) consecutive hours or longer than thirty-one (31) consecutive
days. Any City employee, at the election of the employee, may credit all or any portion of such
military leave against the employee's regular annual vacation and for such period so charged the
employee shall receive regular vacation pay without deduction for pay received for such service,
training or active duty.
(Ord. 89-10. Passed 6-17-91.)
143.27 JURY LEAVE.
(a)
All City employees shall receive their regular wages for time lost from their work
with the City while serving as a member of a Municipal, Common Pleas or Federal Court jury
panel, without deduction for any amount as they may receive from the court for such service.
(b)
In order to qualify for such pay, the employee shall notify the director of the
employing department of such service in advance and upon completion of such service present
proof satisfactory to the Finance Director from the court as to the time spent in such service.
(c)
No time spent in such service shall be counted or used for purposes of determining
eligibility for overtime pay or compensatory time off.
(Ord. 89-10. Passed 6-17-91.)
143.28 PERSONAL LEAVE OF ABSENCE.
(a)
The President of Council with the approval of Council as to an employee of
Council, including the Clerk of Council, and the Mayor as to an administrative employee in the
classified or unclassified service may grant a leave of absence on account of sickness, disability,
educational development or other reasons found to be in the mutual interest of the City and the
employee. An employee shall request, in writing, all leaves of absences without pay. The request
shall state reasons for taking a leave of absence and dates for which such leave is being requested.
A personal leave of absence is subject to the following provisions:
(1)
Length of leave. Personal leaves of absence may be granted for a
maximum duration of six (6) months.
(2)
Abuse of leave. If it is found that a leave of absence is not actually being
used for the purpose for which it was granted, the Mayor, or the President
of Council, may cancel the leave and direct the employee to report for
work by giving written notice to the employee.
2014 Replacement
143.28
ADMINISTRATIVE CODE
(3)
(4)
(5)
(6)
(7)
(8)
(9)
146
Failure to return. An employee who fails to return to work within three
(3) working days of the completion of, or the valid cancellation of a leave
of absence without pay, may be removed from his or her position in
accordance with the Ohio Revised Code if a classified employee, or at the
discretion of the Mayor if an unclassified employee, or Council, if an
employee of Council, including the Clerk of Council. An employee who
timely fails to return from a leave of absence without pay and is
subsequently removed from his or her position is deemed to have a
termination date corresponding to the starting date of the leave of absence
without pay.
Return to service. Upon completion of a leave of absence without pay,
the employee shall be returned to the same or similar position with the
employee's former classification. If the employee's former classification
no longer exists, the employee shall, with the approval of the Mayor, or
the President of Council with the approval of Council as to employees of
Council, including the Clerk of Council, be assigned to a position in a
classification similar to that formerly occupied. The employee may be
returned to active pay status prior to the original scheduled expiration of
the leave if such earlier return is agreed to by both the employee and the
Mayor or the President of Council.
Civil service examinations. A provisional employee who is on leave of
absence without pay is responsible for obtaining information about and
participation in any test for the employee's classification during such leave
and may be replaced from an eligibility list.
Service credit. Authorized leaves of absence, without pay, shall not count
as service credit for annual step increases, layoff purposes, and for
computing the amount of vacation leave.
Reporting leaves. The Mayor shall report to the Civil Service
Commission the name of the classified employee who is on any leave of
absence without pay which extends for one (1) pay period or longer and
the subsequent return from such leave. Any leave of absence without pay
shall be reported for an employee serving a probationary period.
Probationary period of an employee on a leave of absence without pay.
The period during which an employee is on a leave of absence without pay
shall not be counted towards an employee's original or promotional
probationary period.
An employee on a leave of absence without pay shall not be entitled to
earn credits toward sick time, vacation time and/or holidays.
2014 Replacement
147
Employment Provisions
143.28
(b)
Pregnancy, Childbirth and Related Medical Conditions and Disabling Illness,
Injury or Condition Not Covered by the Workers' Compensation Laws of the State of Ohio. Upon
written request to the Mayor by an administrative employee or upon written request to the
President of Council by an employee of Council including the Clerk of Council, a pregnant
employee or a disabled employee with an illness, injury or condition not governed by the Workers'
Compensation Laws of the State of Ohio shall be granted a leave of absence without pay subject
to the following provisions:
(1)
Length of leave. Leaves of absence shall be limited to the period of time
that the pregnant or disabled employee is unable to perform the substantial
and material duties of the employee's position but not to exceed six (6)
months. This period may include predelivery, delivery and recovery time
for the pregnant employee and recovery time for the disabled employee,
as certified by a physician, which shall not in any case exceed six (6)
months.
(2)
Physicians certificate. A pregnant or disabled employee requesting a
leave of absence without pay must present, at the time the request is made,
a certificate stating that the probable period for which the employee will
be unable to perform the substantial and material duties of the employee's
position due to pregnancy, childbirth and related medical conditions or
due to such disabling illness, injury or condition.
(3)
Sick leave usage. Upon request, a pregnant or disabled employee shall be
permitted to use any or all of the employee's accumulated sick leave credit
for the period of time that the employee is unable to work as a result of
pregnancy, childbirth or related medical conditions or as a result of such
disabling illness, injury or condition.
(4)
Vacation leave usage. Upon request, a pregnant or disabled employee
shall be permitted to use any and all of the employees accumulated
vacation leave at any reasonable time prior to or following childbirth or
for the recovery time of the disabled employee.
(5)
All of the terms, conditions and provisions of subsections (a)(2) through
(a)(9) hereof shall apply to a pregnant or disabled employee in the
classified service and all of the terms, conditions and provisions of such
subsection (a) except subsections (a)(5) and (a)(7) hereof shall apply to a
pregnant or disabled employee in the unclassified service.
(c)
Medical Coverage. If requested by the employee, in writing, before the leave of
absence is started, the City shall continue in effect any medical coverage for an employee during
the period of a leave of absence permitted hereunder. However, an employee on a personal leave
of absence shall reimburse the City for all medical coverage premiums paid for by the City during
the leave of absence period permitted hereunder. An employee who is on a leave of absence as
a result of a job related injury or illness and who is receiving Workers' Compensation temporary
total disability benefits shall continue to receive medical coverage for a period not to exceed six
(6) months.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
143.29
ADMINISTRATIVE CODE
148
143.29 UNAUTHORIZED LEAVE.
Employees absent from work without authorization shall be considered on unauthorized
leave. An unauthorized leave for a period of three (3) or more assigned working days shall be
considered as an automatic resignation from service with the City.
(Ord. 89-10. Passed 6-17-91.)
143.30 PAYMENT UPON SEPARATION.
Upon the separation of an employee from service, all sums earned and accrued and
pursuant to this chapter, together with those sums resulting from pro-rations to the date of such
separations shall be paid to:
(a)
The employee;
(b)
The next of kin of the deceased employee;
(c)
Beneficiaries designated by an employee; or
(d)
The estate of such employee.
(Ord. 89-10. Passed 6-17-91.)
143.31 TRAINING.
The City may pay directly or by reimbursement to an employee the direct or indirect cost
for additional training as follows:
(a)
Classes, seminars, training sessions or other learning experiences related to job
performance, job efficiency or improved abilities of a City employee to perform
his work which are authorized by the Mayor on recommendation of the director
of the employing department or in the case of an employee of Council, including
the Clerk of Council, which are authorized by the President of Council.
(b)
Reimbursement shall include the cost of all tuition, books, study aids, and other
required and necessary items pertaining to the class, seminar, training session or
other learning experience shall be paid in full by the City upon presentation of a
documented voucher indicating requirement of such expenditure.
(Ord. 89-10. Passed 6-17-91.)
143.32 PHYSICAL EXAMINATION.
(a)
Every new employee of the City shall submit to a physical examination when
required by division or department rule or regulation to determine fitness for the position.
(b)
The Mayor shall designate the person who is to perform such physical examinations
and the expenditure of the City funds from the correct account is hereby authorized.
(Ord. 89-10. Passed 6-17-91.)
143.33 TRANSFER OF BENEFITS.
Except for the credit allowed for the unused balance of accumulated sick leave provided
for by Section 143.22 and the credit allowed for vacation leave provided in Section 143.23, no
other benefits earned by a City employee while working for the State of Ohio or any of its political
subdivisions can be transferred with such employee.
(Ord. 89-10. Passed 6-17-91.)
2014 Replacement
149
Employment Provisions
143.36
143.34 SURETY BONDS.
The official surety bond of the Finance Director and the Assistant Director of Finance is
fixed at ten thousand dollars ($10,000) separately which is ordered procured and the premium
therefor shall be paid by the City. A blanket surety bond is also ordered to protect the City in case
of default by any other City employee, such bond being in the amount of twenty-five thousand
dollars ($25,000) and the premium for which shall be paid for the City.
(Ord. 89-10. Passed 6-17-91.)
143.35 BI-WEEKLY COMPENSATION PAYMENT.
All salaries, wages and compensation of all employees, officials and members of boards
and commissions and employees thereof shall be payable on a bi-weekly basis.
(Ord. 89-10. Passed 6-17-91.)
143.36 VOLUNTARY DEFERRED COMPENSATION PLAN.
Council hereby authorizes the Mayor and Finance Director to enter into a deferred
compensation plan in substantially the form marked Exhibit “A” and attached to Ordinance 99-46
and made a part thereof as if fully rewritten therein. (Ord. 99-46. Passed 5-17-99.)
2014 Replacement
143.37
ADMINISTRATIVE CODE
150
143.37 INCENTIVE COMPENSATION.
(a)
The Director of Finance shall establish and institute an incentive compensation
program for the purpose of encouraging the submission by all salaried officers, employees and
regular hourly employees other than Directors, Commissioners and heads of the various
departments, divisions and offices, and the assistants of the various Directors, Commissioners and
heads of the various departments, divisions and offices of such suggestions as relate to the
operations of the department, division or office to which an officer or employee is assigned which
will reduce the cost of, without a reduction in the quality of, such City operations, or which will
improve the quality of such City operations.
(b)
Incentive compensation paid to a City employee shall be based upon the
demonstrated cost savings for the twelve month period following the implementation of such
suggestion. The Director shall provide, in writing, all information to the Board of Control which
demonstrates the cost savings. The Board shall determine the amount, if any, of such incentive
compensation which will be paid, provided that the amount, if any, of such incentive compensation
to be paid for such suggestion shall not exceed twenty percent (20%) of the demonstrated cost
savings, or two hundred fifty dollars ($250.00), whichever is less. The determination of the Board
is final and not appealable.
(c)
Incentive compensation shall be paid in one lump sum and shall be in addition to
all other compensation paid to a City employee. The amount of incentive compensation as
determined by the Board pursuant to subsection (b) hereof, shall be divided share and share alike
for any suggestions submitted by two or more City employees either jointly or severally, but dated
and submitted to the Director prior to the implementation thereof.
(Ord. 86-29. Passed 11-17-86.)
143.38 PICK-UP OF EMPLOYEE CONTRIBUTIONS TO PERS BY SALARIED
EMPLOYEES AND ADMINISTRATORS.
(a)
The City's method of payment of salary and the provision of fringe benefits to the
classes of employees who are salaried employees or administrators and participants in the Ohio
State Public Employees Retirement System ("PERS") are hereby modified as follows, in order to
provide for a salary reduction pickup of employee contributions to PERS.
(b)
The total annual salary and salary per pay period for each such employee shall be
the salary otherwise payable under the applicable contracts and applicable City policies. Such total
annual salary and salary per pay period of each employee shall be payable by the City in two parts:
(1) deferred salary and (2) cash salary. An employee's deferred salary shall be equal to that
percentage of such employee's total annual salary or salary per pay period which is required from
time to time by PERS to be paid as an employee and shall be paid by the City to PERS on behalf
of such employee as a pick-up and in lieu of the PERS employee contribution otherwise payable
by such employee. An employee's cash salary shall be equal to such employee's total annual
salary or salary per pay period less the amount of the pick-up for such employee and shall be
payable, subject to applicable payroll deductions, to such employee. The City shall compute and
remit its employer contributions to PERS based upon an employee's total annual salary or salary
per pay period, including the aforesaid pick-up. The City's total combined expenditures for such
employees' total salaries otherwise payable under their contracts and applicable City policies
(including pick-up amounts) and its employer contributions to PERS shall not be greater than the
amounts it would have paid for those items had this provision not been in effect.
2014 Replacement
151
Employment Provisions
143.39
(c)
The pick-up shall be included in the employee's total annual salary for the purpose
of computing daily rate of pay, for determining paid salary adjustments to be made due to absence,
or for any similar purpose.
(d)
Any pick-up by the City of an employee's contributions to PERS shall be mandatory
for all of the employees previously described who are members of the PERS. No such member
shall have the option of choosing to receive the contributed amounts directly instead of having
them paid by the City to PERS.
(e)
The City shall fulfill its income tax reporting and withholding responsibilities for
each employee in such manner as is required by applicable Federal, State and local laws and
regulations as they may exist at the time of such reporting and withholding, it being the City's
understanding that Federal and Ohio income tax laws and regulations presently require it to report
as an employee's gross income his total annual salary less the amount of the pick-up while
applicable municipal income tax laws require it to report as an employee's gross income his total
annual salary including the amount of the pick-up.
(f)
The Mayor, or his designee, is hereby directed to take all acts necessary and
appropriate to initiate implementation of the provisions of this section, including but not limited
to making applications to the board administering the PERS program to determine the
requirements of that board in connection with such pick-up plan.
(g)
The pick-up plan shall apply to all eligible employees who qualify under this section
and the plan shall commence once the Internal Revenue Service has ruled that the City's plan
meets the qualifications of Section 414(h)(2) of the Internal Revenue Code and Revenue
Regulations 81-35 and 81-36.
(Ord. 86-39. Passed 7-14-86.)
143.39 PICK-UP OF EMPLOYEE CONTRIBUTIONS TO PERS AND
PFDPF BY SERVICE EMPLOYEES, POLICEMEN AND FIREMEN.
(a)
The City's method of payment of salary and the provisions of fringe benefits to all
employees who are:
(1)
Employed in the Department of Public Service and Development of the
City and are members of PERS; and
(2)
Employed as policemen or firemen and are members of PFDPF or PERS
are hereby modified as follows, in order to provide for a salary reduction
pick-up of employees contributions to PERS or PFDPF.
2014 Replacement
143.39
ADMINISTRATIVE CODE
152
(b)
The total annual salary and salary per pay period for each such employee shall be
the salary otherwise payable under the applicable contracts and applicable City policies. Such total
annual salary and salary per pay period of each employee shall be payable by the City in two parts:
(1) deferred salary and (2) cash salary. An employee's deferred salary shall be equal to that
percentage of such employee's total annual salary or salary per pay period which is required from
time to time by PERS or PFDPF to be paid as an employee and shall be paid by the City to PERS
or PFDPF on behalf of such employee as a pick-up and in lieu of the PERS or PFDPF employee
contribution otherwise payable by such employee. An employee's cash salary shall be equal to
such employee's total annual salary or salary per pay period less the amount of the pick-up for
such employee and shall be payable, subject to applicable payroll deductions, to such employee.
The City shall compute and remit its employer contributions to PERS or PFDPF based upon an
employee's total annual salary or salary per pay period, including the aforesaid pick-up. The
City's total combined expenditures for such employees' total salaries otherwise payable under their
contracts and applicable City policies (including pick-up amounts) and its employer contributions
to PERS or PFDPF shall not be greater than the amounts it would have paid for those items had
this provision not been in effect.
(c)
The pick-up shall be included in the employee's total annual salary for the purpose
of computing daily rate of pay, for determining paid salary adjustments to be made due to absence,
or for any similar purpose.
(d)
Any pick-up by the City of an employee's contributions to PERS or PFDPF shall
be mandatory for all of the employees previously described who are members of the PERS or
PFDPF. No such member shall have the option of choosing to receive the contributed amounts
directly instead of having them paid by the City to PERS or PFDPF.
(e)
The City shall fulfill its income tax reporting and withholding responsibilities for
each employee in such manner as is required by applicable Federal, State and local laws and
regulations as they may exist at the time of such reporting and withholding, it being the City's
understanding that federal and Ohio income tax laws and regulations presently require it to report
as an employee's gross income his total annual salary less the amount of the pick-up while
applicable municipal income tax laws require it to report as an employee's gross income his total
annual salary including the amount of the pick-up.
(f)
The Mayor, or his designee, is hereby directed to take all acts necessary and
appropriate to initiate implementation of the provisions of this resolution, including but not limited
to making applications to the Internal Revenue Service and the Board administering the PERS or
PFDPF programs to determine the requirements of the boards in connection with such pick-up
plan.
(g)
The pick-up plan shall apply to all eligible employees who qualify under this section
and the plan shall commence with the first pay period following the passage and approval of this
section.
(Ord. 88-53. Passed 11-7-88.)
2014 Replacement
153
CHAPTER 147
Senior Life Office
147.01 Director.
147.02 Advisory council.
147.03 Rules and regulations.
147.04 Reports to Council.
CROSS REFERENCES
Senior Life Director - see Chtr. Art. 5, §5A
Meals at cost for elderly - see Ohio R.C. 3313.81
Medical assistance program - see Ohio R.C. 5101.51
Federal supplements to aid - see Ohio R.C. 5101.53
Senior Citizen Housing District - see P. & Z. Ch. 1139
147.01 DIRECTOR.
A Director of the Fairview Park Senior Life Office shall be appointed by the Mayor. The
Director shall have executive authority over the programs and activities. Under the authority and
direction of the Mayor and Council, the Director shall:
(a)
Be responsible for the development and adoption of all policies and rules governing
the operation of the Senior Life Office and its services, provided that these do not
conflict with provisions herein stated;
(b)
Evaluate, initiate and co-ordinate City programs, services and activities for senior
citizens;
(c)
Determine the needs of senior citizens and actively pursue the fulfillment and
satisfaction of those needs by responsible levels of government within the
community;
(d)
Determine that services and facilities provided, operated, contracted for or
supported by the City for senior citizens are being operated in conformity with the
rules and regulations established by the City;
(e)
Disseminate information concerning senior citizens and establish and maintain a
central clearinghouse of information at all levels of government that would be of
interest or benefit to senior citizens;
(f)
Preside over all meetings, including those of the advisory council provided for in
Section 147.02. The Director shall schedule and preside at a general meeting open
to the general public not less than once a month. Such meeting shall be for the
purpose of discussing the activities, programs, requirements and needs of senior
citizens;
2014 Replacement
147.02
ADMINISTRATIVE CODE
(g)
(h)
154
Encourage, promote and aid in the establishment of programs and services on a
local level for the betterment of the living conditions of senior citizens by making
it possible for them to enjoy and participate in family and community life; and
Encourage senior citizens to maintain adequate physical, social and emotional
regimens so that they can live dignified and independent lives.
(Ord. 80-32. Passed 6-16-80.)
147.02 ADVISORY COUNCIL.
There is hereby created a senior citizens advisory council to consist of seven members to
be appointed by the Mayor for the following terms: two for a term expiring December 31, 1981;
two for a term expiring December 31, 1982; and three for a term expiring December 31, 1983.
Subsequent appointments to the council shall be for terms of three years each. Vacancies shall be
filled for the remainder of an unexpired term in the same manner as the original appointments. The
members of the council shall include representation of each duly-organized and existing senior
organization in the City provided such member is a resident. All members of the council shall meet
regularly with the Director of the Senior Life Office, who shall preside at all such meetings and
have an active voice and vote in all matters that come before it. The advisory council shall make
recommendations and proposals for programs, services and similar activities for the Senior Life
Office. (Ord. 80-32. Passed 6-16-80.)
147.03 RULES AND REGULATIONS.
Council hereby establishes the following rules and regulations of the Senior Life Office:
(a)
All programs and services offered or provided by the Senior Life Office shall be
open and available to all residents, who are fifty-five years of age or older, except
where legal requirements of a service or program mandate other age limits.
(b)
No person shall be denied participation in or use of the facilities or services of any
program authorized and approved by the Director of the Senior Life Office.
(c)
No membership, affiliation or association shall be a prerequisite or condition
precedent to participate in programs or facilities.
(d)
All funds, including but not limited to program or activity receipts, gifts, income
or donating received, delivered or paid to the Director shall be subject to the
authority of the Director of Finance and shall be accounted for in a manner
provided by law. (Ord. 80-32. Passed 6-16-80.)
(e)
The Senior Life Office shall be open weekdays at such times as may be determined
by the Director with the approval of the Mayor.
(Ord. 95-83. Passed 9-18-95.)
147.04 REPORTS TO COUNCIL.
The Director of the Senior Life Office shall report to Council twice annually, once in June
and once in December, concerning the programs and activities of the Senior Life Office and
provide an evaluation thereof and make such recommendations as deemed necessary therefore.
(Ord. 80-32. Passed 6-16-80.)
2014 Replacement
155
CHAPTER 149
Fairview Park Youth Commission
149.01 Establishment.
149.02 Powers and duties.
149.03 Rules and regulations.
149.04 Reports.
149.01 ESTABLISHMENT.
There is hereby established a Fairview Commission on Youth Development which shall
consist of six members, all residents of the City, to be appointed by the Mayor with the advice and
consent of Council. Such members shall consist of three men and three women who shall serve
for a term of two years, except that for original appointments implementing this section, three
members shall serve for two-year terms and three members shall serve for one-year terms. Any
vacancy shall be filled in the same manner as for an original appointment. Further, the Mayor
shall designate the Juvenile Officer to serve as Advisory Officer who shall serve as personal
representative of the Mayor. The Advisory Officer shall have no vote on the Commission except
to break a tie vote, if necessary. All members of the Commission shall serve without
compensation. (Ord. 84-69. Passed 5-6-85.)
149.02 POWERS AND DUTIES.
The Fairview Park Youth Commission shall meet as necessary, at least once a month, for
the purpose of hearing and determining cases referred to it by the Police Department consistent
with rules and regulations of the Commission. It shall advise the Police Chief of any action
regarding cases which it deems appropriate by majority vote of the members. The meetings of the
Commission shall not be subject to the provisions of Chapter 110 nor shall the records of the
Commission be subject to public disclosure.
(Ord. 84-69. Passed 5-6-85.)
2014 Replacement
149.03
ADMINISTRATIVE CODE
156
149.03 RULES AND REGULATIONS.
The Fairview Park Youth Commission shall adopt rules and regulations with respect to the
conducting of meetings which shall be consistent with the purpose and intent of the powers and
duties set forth in this chapter. The rules and regulations and any change therein shall not be
effective unless and until approved by Council. The parents, guardian or person in local parentis
of the minor and the minor must consent to the alternative procedure. Notification to and
cooperation of the victim of the offense shall be secured by the Police Department. A president,
recording secretary and public relations person of the Commission shall be elected by a majority
of the members provided for at the first meeting of each calendar year.
(Ord. 84-69. Passed 5-6-85.)
149.04 REPORTS.
The Fairview Park Youth Commission shall file a written annual report with the Mayor
and Council no later than the fifteenth day of January of each and every year, setting forth such
details as Council and the Mayor may require of its activities for the previous year.
(Ord. 84-69. Passed 5-6-85.)
2014 Replacement
157
CHAPTER 150
Shade Tree Advisory Committee
150.01 Creation, composition, terms
and vacancy.
150.02 Powers and duties.
CROSS REFERENCES
Tree injury - see GEN. OFF. 547.01
Tree nuisances - see GEN. OFF. 547.02
Planting trees - see GEN. OFF. 547.03
Dutch elm disease - see GEN. OFF. 547.07
Tree regulations - see S.U. & P.S. Ch. 905
150.01 CREATION, COMPOSITION, TERMS AND VACANCY.
(a)
The Fairview Park Shade Tree Advisory Committee is hereby established. It shall
consist of six resident members who hold no other public office or appointment. Three members
shall be appointed by Council and three members shall be appointed by the Mayor. These
members shall serve uncompensated. The City Arborist shall also serve as a full fledged member
of the Committee with voting rights. The Committee shall meet at least once a year or as required
by Council or the Administration. (Ord. 01-34. Passed 6-25-01.)
(b)
The terms of the first appointed members shall be of such length and so arranged
that the term of one member shall expire each year, and the members thereafter shall be appointed
and shall hold office for terms of five years. Any vacancy occurring other than by expiration of
term shall be filled for the unexpired portion of the term in the same manner as provided for
original appointment.
(Ord. 91-20. Passed 4-15-91.)
150.02 POWERS AND DUTIES.
The Shade Tree Advisory Committee shall:
(a)
Formulate and recommend to Council a Master Shade Tree Program for all major
thoroughfares;
(b)
Encourage the placement of specific trees according to their relation to nearby
buildings and roads;
2014 Replacement
150.02
ADMINISTRATIVE CODE
158
(c)
Review and make recommendations to Council and the Administration regarding
the situation of trees in each of the municipal properties;
(d)
Promote and encourage the planting of trees throughout the City;
(e)
Create and implement activities to increase the residents' awareness of the
importance of trees for the community;
(f)
Make recommendations to Council and the Administration regarding the
preservation of existing trees; and
(g)
Make recommendations consistent with the City's annual appropriations.
(Ord. 91-20. Passed 4-15-91.)
2014 Replacement
159
CHAPTER 151
Residential Child Day Care Services Resource Registry
151.01 Residential Child Day Care
Services Resource Registry
established.
151.02 Minimum provider
requirements.
151.03 Provider - child ratio.
151.04 Safety provisions.
151.05 Emergency preparedness.
151.06 Program plan of the provider.
151.07 References.
151.08 Contract.
151.09 Compliance with Zoning
Code requirements.
151.10 Application.
CROSS REFERENCES
Zoning Code requirements - see P. & Z. 1149.18
151.01 RESIDENTIAL CHILD DAY CARE SERVICES RESOURCE
REGISTRY ESTABLISHED.
(a)
There is hereby established a Residential Child Day Care Services Resource
Registry in and for the City which shall include therein the names, addresses and telephone
numbers of persons that offer child day care service from a residential premises in the City
provided the minimum standards and requirements set forth in this chapter are met. The provider
of the child day care service may also include in the Registry any valid credentials or certifications
possessed by the provider.
(b)
The Residential Child Day Care Services Resource Registry shall be maintained in
such locations at City Hall as shall be determined by the Mayor and shall be available for
inspection by any person during business hours of the City. The Registry shall be maintained and
updated by such administrative employee as is designated by the Mayor.
(c)
Inclusion of any provider in the Residential Child Day Care Services Resource
Registry shall not constitute, directly or indirectly, certification, approval, recommendation as to
suitability, evaluation of adequacy or suitability, or assumption of responsibility for compliance,
regulation or education of any day care provider, nor for any loss, injury or damages which may
arise out of or relate to the placement of any child with a day care provider, by the City, its
officials, officers, employees or its agents.
(Ord. 89-98. Passed 10-1-90.)
2014 Replacement
151.02
ADMINISTRATIVE CODE
160
151.02 MINIMUM PROVIDER REQUIREMENTS.
(a)
"Provider" shall have the same meaning as set forth in Section 1149.18 of the
Codified Ordinances.
(b)
The provider shall be at least eighteen years of age with a minimum of six months
experience in caring for children fourteen years of age or younger. Such experience may be
obtained either as a parent, from employment, day care center observation, volunteer service,
eighteen hours of in-service training or from some other similar activity.
(c)
The provider shall have available for review by parents, guardians or person in loco
parentis a letter dated and signed by a licensed physician attesting that the provider is in good
physical and mental health and is able, from the perspective of the physician to care for children.
The letter shall also indicate that the provider is free from all communicable diseases. Any other
person eighteen years of age or older who will have regular contact with the children shall also
make available a physician's letter providing the same information as that required of the provider.
The medical letters required by this subsection shall be updated at least once every three years,
unless medical conditions then existing require closer monitoring.
(d)
The provider or other member of the premises present where children are being
cared for shall attest that they have never been convicted of a felony, child abuse, child neglect,
child endangerment or found by a court to be the cause of a child needing protective custody, and
shall also consent to a record check by the Division of Police.
(e)
The provider shall attest that the provider and any other persons visiting, assisting
or residing on the premises shall not ingest alcohol or medicine while providing child day care
service in anyway that impairs the ability to provide child day care service. The provider shall
also attest that neither the provider or any person residing on the premises has an alcohol or drug
of abuse addiction.
(f)
The provider shall not practice any form of discrimination against families or
children on account of race, creed, national origin, religion or sex.
(Ord. 89-98. Passed 10-1-90.)
151.03 PROVIDER - CHILD RATIO.
The provider shall agree to care for no more children than the number permitted by Section
1149.18 of the Codified Ordinances.
(Ord. 89-98. Passed 10-1-90.)
151.04 SAFETY PROVISIONS.
(a)
The provider shall permit parents, guardians or other person in loco parentis to
inspect the home for safety precautions. The provider shall remove or correct any safety hazard
from both indoor and outdoor areas of the premises accessible to children including, but not
limited to, placing all toxic, poisonous and dangerous substances and materials out of reach,
removing sharp or dangerous objects, surfaces and hazards, repairing loose flooring or floor
boards, and removing peeling and/or accessible lead paint.
2014 Replacement
161
Residential Child Day Care Services Resource Registry
151.05
(b)
The provider shall have operable smoke and fire detectors, cover all electrical
outlets, provide operable fire extinguishers in the kitchen and other appropriate areas, provide
flashlights or other emergency lighting, and an emergency evacuation plan with alternative routes.
(c)
Outdoor play areas shall be protected from traffic and other hazards including glass,
construction materials, dangerous or sharp objects or equipment, standing water, animals and
insects, and shall be enclosed in accordance with Section 1149.18 of the Codified Ordinances. All
play equipment shall be kept safe.
(d)
The home of the provider shall be maintained in compliance with the Exterior
Property Maintenance, Housing and Fire Prevention Codes.
(Ord. 89-98. Passed 10-1-90.)
151.05 EMERGENCY PREPAREDNESS.
The provider shall obtain from each family, for each child, all of the following:
(a)
A medical release, signed by a parent, guardian or person in loco parentis, to
permit emergency medical care;
(b)
The name and phone number of the physician and dentist of the child and, if
necessary, permission to dispense any required medication;
(c)
The phone numbers where parents, guardians or other person in loco parentis can
be reached;
(d)
The names and phone numbers of at least two other persons authorized by the
parents, guardians or other person in loco parentis to care for the child in the
event of an emergency or illness;
(e)
Verification from a licensed physician that the child has had the immunizations
required by the Ohio Department of Health and that the child is free from all
communicable disease. The licensed physician shall also state what allergies the
child has, if any;
(f)
The provider shall maintain at least one operable telephone on the premises
posting next to the telephone the fire, police, paramedic and poison control
numbers as well as 9-1-1;
(g)
The provider shall maintain a written emergency plan for substitute care in the
event of a provider emergency and shall advise the parents, guardians or person
in loco parentis of this plan. The emergency plan required by this subsection
shall include the name, address and telephone number of at least two persons
eighteen years of age or older who have previously agreed to provide emergency
care and who can be contacted immediately and who can arrive at the premises
within a limited period of time if needed;
(h)
At no time shall the provider leave any child unattended or in the care of a minor.
The provider shall arrange to notify all parents, guardians or person in loco
parentis of any change in day care arrangements or substitute provider;
(i)
The provider shall be trained in basic first aid, communicable disease, child
abuse, early childhood training and shall have first aid supplies on the premises.
(Ord. 89-98. Passed 10-1-90.)
2014 Replacement
151.06
ADMINISTRATIVE CODE
162
151.06 PROGRAM PLAN OF THE PROVIDER.
(a)
The activities and the environment provided shall be conducive to the physical,
social, emotional, creative and intellectual (including language development) well-being and
development of the children in care. The provider shall advise the parents, guardians or person
in loco parentis of the program of activities for the children.
(b)
Where parents, guardians or other person in loco parentis does not provide meal(s),
the provider shall serve nutritious, balanced meals appropriate quantitatively to each respective
child at intervals appropriate to the length of stay. The provider shall advise the parents,
guardians or other person in loco parentis of the meal menu.
(c)
The provider shall not use physical punishment or harsh discipline in handling
behavior problems but rather shall discuss any problems or occurrences with the parents,
guardians or person in loco parentis as soon as practicable.
(d)
Parents, guardians or other person in loco parentis shall have unlimited access to
all areas of the premises used for child day care service and shall be permitted by the provider to
contact their children on the premises.
(Ord. 89-98. Passed 10-1-90.)
151.07 REFERENCES.
The provider shall have available for review by parents, guardians or other person in loco
parentis at least two letters of recommendation from persons unrelated to the provider who know
the provider or who have had the opportunity to observe the provider.
(Ord. 89-98. Passed 10-1-90.)
151.08 CONTRACT.
The provider shall utilize a written document specifying therein the responsibilities of the
provider, the fees and payment schedule for the child day care service, and a checklist of required
information provided to and by both the provider and the parents, guardians or other person in
loco parentis.
(Ord. 89-98. Passed 10-1-90.)
151.09 COMPLIANCE WITH ZONING CODE REQUIREMENTS.
The provider shall comply with each and every requirement of Section 1149.18 of the
Codified Ordinances, including, but not limited to, the number of children on the premises at any
one time, the hours of operation, enclosure of outdoor play areas and the inspections of the
Building Commissioner and the Chief of the Fire Prevention Bureau.
(Ord. 89-98. Passed 10-1-90.)
2014 Replacement
163
Residential Child Day Care Services Resource Registry
151.10
151.10 APPLICATION.
Any provider desiring to include their name, address and telephone number as well as any
valid credentials or certifications in the Residential Child Day Care Services Resource Registry
shall complete an application on a form prescribed by the Director of Law containing all of the
information and verification required by this chapter attested to by the provider. Upon the
Director ascertaining that the form contains the information, verification and attestation required
and that the Police Department has ascertained that the provider has not been convicted of a
felony, child abuse, child neglect, child endangerment or the cause of a child needing protective
custody, the name, address and telephone number as well as any valid credentials or certifications
of the provider shall be included in the Residential Child Day Care Services Resource Registry.
Should the application not contain all the information, verification and attestation required by this
chapter or should the Police Department ascertain that the provider has been convicted of a felony,
child abuse, child neglect, child endangerment or the cause of a child needing protective custody,
the provider shall not be included in the Resource Registry. Any false, misleading or deceptive
statement contained in the application or should there be failure to comply with any provision of
this chapter by the provider or should there be a conviction of the provider of a felony, child
abuse, child neglect, child endangerment or if the provider is found by a court to be the cause of
a child needing protective custody shall result in the provider being deleted from the Resource
Registry.
(Ord. 89-98. Passed 10-1-90.)
2014 Replacement
2014 Replacement
165
CHAPTER 153
Airport Environmental Commission
153.01 Establishment; composition;
vacancy.
153.02 Powers and duties.
153.01 ESTABLISHMENT; COMPOSITION; VACANCY.
There is hereby established an Airport Environmental Commission which shall consist of
five members, two to be appointed by the Mayor and three to be appointed by Council. Each
member shall be appointed for a term of two years, except that one of the members first appointed
by the Mayor and one of the members first appointed by Council shall be appointed for a term of
one year. Any vacancy shall be filled in the same manner as the original appointment. All
members of the Commission shall serve without compensation. No person appointed to the
Commission shall hold other municipal office or employment.
(Ord. 89-84. Passed 12-4-89.)
153.02 POWERS AND DUTIES.
The Airport Environmental Commission shall have the following powers and duties:
(a)
Elect from their number a chair and such other officers as they may determine;
(b)
Adopt, and thereafter amend, bylaws for the regulation and conduct of its affairs;
(c)
Review, advise and make recommendations to the Mayor and Council on all
applications, plans, proposals and policies of Cleveland Hopkins International
Airport relating to the development, redevelopment, construction, reconstruction,
improvement, runway usage, operational changes or flight reorientation thereat
as may affect the health, safety or welfare of the residents of the City, its
institutions or its schools and to assist the Mayor and Council in the formulation
of any response thereto;
(d)
Assist the Mayor and Council in developing plans and proposals for presentation
to the operator of Cleveland Hopkins International Airport to reduce the noise
related to airport and aircraft operations over the City;
2014 Replacement
153.02
ADMINISTRATIVE CODE
(e)
(f)
166
Assist the Mayor and Council in informing the residents of the City on all
applications, plans, proposals and policies of Cleveland Hopkins International
Airport relating to the development, redevelopment, construction, reconstruction,
improvement, runway usage, operational changes or flight reorientation thereat
as may affect the health, safety and welfare of the residents of the City, its
institutions or its schools; and
Evaluate plans or programs which may be submitted by residents concerning the
reduction of noise related to airport and aircraft operations over the City.
(Ord. 89-84. Passed 12-4-89.)
2014 Replacement
167
TITLE SEVEN - Taxation
Chap. 171. Admissions Tax.
Chap. 173. Income Tax.
Chap. 175. Motor Vehicle License Tax.
CHAPTER 171
Admissions Tax
171.01
171.02
171.03
171.04
Definitions.
Levy of tax; amount.
Exemptions.
Collection and remittance
of tax; returns.
171.05 Inspection of books, records
and accounts.
171.06 Interest for nonpayment
on due date.
171.07 Certificate of registration.
171.08 Temporary or transitory
amusement.
171.09 Rules and regulations;
compliance required.
171.99 Penalty.
171.01 DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them in this section, unless the context clearly indicates a different meaning:
(a)
"Admission charge", in addition to its usual and ordinary meaning, includes a
charge made for season tickets or subscriptions; a cover charge or a charge made
for use of seats and tables, reserved or otherwise, and similar accommodations; a
charge made for food and refreshments in any place where any free entertainment,
recreation or amusement is provided; a charge made for rental or use of equipment
or facilities for purposes of recreation or amusement and, where the rental or use
of equipment or facilities is necessary to the enjoyment of the privileges for which
a general admission is charged, the combined charge shall be considered as the
admission charge; a charge made for vehicle parking where the amount of the
charge is determined according to the number of passengers in the vehicle; and a
charge made and collected for the use or operation of a mechanical or electrically
operated amusement device, whether by the payment of a fee or other things of
value, or by the insertion of a coin, plate, disc, slug, key or token which thereby
causes any person or operator to secure amusement, enjoyment or relaxation by its
use or operation.
2014 Replacement
171.02
ADMINISTRATIVE CODE
(b)
(c)
(d)
168
"Finance Director" means the Finance Director of the City.
"Place" includes, but is not restricted to, theaters, dance halls, amphitheaters,
auditoriums, stadiums, athletic pavilions and fields, baseball and athletic parks,
circuses, side shows, swimming pools, outdoor amusement perks and such
attractions as merry-go-rounds, Ferris wheels, dodge-ems, roller coasters and
observation towers and any place of business which displays for public patronage
or keeps for operation by the public a mechanical or electrically operated
amusement device.
"Person" means any individual, receiver, assignee, firm, co-partnership, joint
venture, company, joint stock company, association, society or any group of
individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or
otherwise. (Ord. 81-80. Passed 6-29-81.)
171.02 LEVY OF TAX; AMOUNT.
There is hereby levied and imposed upon every person who pays an admission charge to
any place, including a tax on persons who are admitted free of charge or at reduced rates to any
place for which other persons pay a charge or a regular higher charge for the same or similar
privileges or accommodations:
(a)
A tax of three percent on the amounts received for admission to any public or
private place, including admission by season ticket, subscription or membership
dues;
(b)
A tax of three percent on the excess of the amounts received for tickets or cards of
admission to theaters, operas and other places of amusement, sold at newsstands,
hotels and places of amusement other than the ticket offices of such theaters, operas
or other places of amusement, over and above the amounts representing the
established price therefor at such ticket offices, such tax to be returned and paid in
the manner provided in Section 171.04 by the persons selling the ticket;
(c)
A tax of three percent on the amount received for admission to any public
performance for profit at any roof garden, cabaret or other similar entertainment,
in case the charge for admission is in the form of a service charge, cover charge
or other similar charge;
(d)
A tax of three percent on the amount received as annual membership dues by every
club or organization maintaining a golf course, and a tax of three percent on greens
fees collected by golf courses, either under club or private ownership; and
(e)
A tax of three percent (3%) on the amount received for the operation or use of a
mechanical or electrically operated amusement device, at whatever place located.
(Ord. 78-6. Passed 3-20-78; Ord. 81-79. Passed 6-29-81.)
171.03 EXEMPTIONS.
(a)
No tax shall be levied under this chapter with respect to any admission, all the
proceeds of which inure:
(1)
Exclusively to the benefit of religious, educational or charitable institutions,
societies or organizations, if no part of the net earnings thereof inure to the
benefit of any private stockholder or individual;
2014 Replacement
169
Admissions Tax
(2)
(3)
(4)
(5)
171.04
Exclusively to the benefit of persons in the military or naval forces of the
United States, or of National Guard organizations, reserve officer
associations or posts or organizations of war veterans, or auxiliary units or
societies of any such posts or organizations, if such posts, organizations,
units or societies are organized in the State and if no part of their net
earnings inure to the benefit of any private stockholder or individual;
Exclusively to the benefit of persons who serve in the military or naval
forces of the United States and are in need;
Exclusively to the benefit of members of the police or fire departments of
any municipal corporation, or the dependents or heirs of such members;
Exclusively to the benefit of the general revenue fund of any municipal
corporation or exclusively to the benefit of any fund of any municipal
corporation under the control of a recreation commission. This exemption
from the tax, however, shall not be allowed in cases wherein the admission
price is forty-one cents (41¢) or more.
(b)
The exemption from tax provided by this section shall, however, not be allowed in
case of admissions to wrestling matches, prize fights or boxing, sparring or other pugilistic
matches or exhibitions, nor in the case of admissions to any athletic game or exhibition, the
proceeds of which inure wholly or partly to the benefit of any high school, academy, preparatory
or other school, in cases wherein the admission price is forty-one cents (41¢) or more, or wholly
or partly to the benefit of any college or university.
(c)
The exemption from tax provided in this section shall not be allowed to any
institution, society or organization which does not control the sale of admissions to the event for
which the exemption is requested, nor shall any exemption be allowed where talent, services or
other items are compensated for on a percentage basis if such percentage results in a payment in
excess of the flat rate ordinarily charged for the same talent, services or other items.
(d)
Immediately after the event for which an exemption from admission tax has been
allowed, the treasurer of the institution, society or organization for whose benefit such event was
held shall file an itemized statement with the Finance Director, setting forth the amount of money
actually received by such treasurer, together with the expenses of promoting and conducting such
event. Such statement shall be used as a basis of subsequent requests for exemption from
admissions tax for the benefit of such institution, society or organization, and if such statement
shows a disproportionate expenditure for promoting and conducting such event, in relation to the
profits, if any, no such exemption shall thereafter be allowed to such institution, society or
organization. (1954 Code §3-3)
171.04 COLLECTION AND REMITTANCE OF TAX; RETURNS.
(a)
Every person receiving any payment on which a tax is levied under this chapter
shall collect the amount of the tax imposed from the person making the admission payment. The
tax required to be collected under this chapter shall be deemed to be held in trust by the person
required to collect the same until paid to the Finance Director as herein provided.
2014 Replacement
171.05
ADMINISTRATIVE CODE
170
(b)
Any person required to collect the tax imposed under this chapter who fails to
collect the same, or having collected the same, fails to remit the same to the Finance Director in
the manner prescribed by this chapter, whether such failure is the result of his own act or the result
of acts or conditions beyond his control, shall nevertheless be personally liable to the City for the
amount of such tax and shall, unless the remittance is made as herein required, be guilty of a
violation of this chapter.
(c)
The tax imposed hereunder shall be collected at the time the admission charge is
paid by the person seeking admission to any place and shall be reported and remitted by the person
receiving the tax to the Finance Director in monthly installments on or before the tenth day of the
month next succeeding the end of the monthly period in which the tax is collected or received.
Payment or remittance of the tax collected may be made by check, unless payment or remittance
is otherwise required by the Finance Director, but payment by check shall not relieve the person
collecting the tax from liability for payment and remittance of the tax to the Finance Director
unless the check is honored and is in the full and correct amount.
(d)
The person receiving any payment for admission shall make out a return upon such
forms and setting forth such information as the Finance Director may require, showing the amount
of the tax upon admissions for which he is liable for the preceding monthly period, and shall sign
and transmit the same to the Finance Director with a remittance for such amount.
(e)
The Finance Director may, in his discretion, require verified annual returns from
any person receiving admission payments, setting forth such additional information as he may
deem necessary to determine correctly the amount of tax collected and payable.
(f)
Whenever any theater, circus, show, exhibition, entertainment or amusement makes
an admission charge which is subject to the tax herein levied, and the same is of a temporary or
transitory nature, of which the Finance Director shall be the judge, the Finance Director may
require the report and remittance of the admission tax immediately upon the collection of the same,
at the conclusion of the performance or exhibition, or at the conclusion of the series of
performances or exhibitions, or at such other times as the Finance Director shall determine.
(g)
Failure to comply with any requirement of the Finance Director as to report and
remittance of the tax as required shall be a violation of this chapter.
(1954 Code §3-4)
171.05 INSPECTION OF BOOKS, RECORDS AND ACCOUNTS.
The books, records and accounts of any person collecting a tax herein levied shall, as to
admission charges and tax collections, be at all reasonable times subject to examination and audit
by the Finance Director. (1954 Code §3-5)
2014 Replacement
171
Admissions Tax
171.99
171.06 INTEREST FOR NONPAYMENT ON DUE DATE.
If the tax imposed by this chapter is not paid when due, there shall be added, as part of the
tax, interest at the rate of one percent per month from the time when the tax became due until
paid. (1954 Code §3-6)
171.07 CERTIFICATE OF REGISTRATION.
Any person conducting or operating any place for entrance to which an admission charge
is made shall, on a form prescribed by the Finance Director, make application to and procure from
the Finance Director a certificate of registration, the fee for which shall be one dollar ($1.00),
which certificate shall continue valid until December 31 of the year in which issued. Such
certificate of registration, or duplicate original copies thereof to be issued by the Finance Director
without additional charge, shall be posted in a conspicuous place in each ticket or box office where
tickets of admission are sold.
(1954 Code §3-7)
171.08 TEMPORARY OR TRANSITORY AMUSEMENT.
(a)
Whenever a certificate of registration is obtained for the purpose of operating or
conducting a temporary or transitory amusement, entertainment or exhibition by persons who are
not the owners, lessees or custodians of the building, lot or place where the amusement is to be
conducted, the tax imposed by this chapter shall be reported and remitted as provided in Section
171.04 by the owner, lessee or custodian, unless paid by the person conducting the amusement.
(b)
The applicant for a certificate of registration for such purpose shall furnish with the
application therefor the name and address of the owner, lessee or custodian of the premises upon
which the amusement is to be conducted, and such owner, lessee or custodian shall be notified by
the Finance Director of the issuance of such certificate and the joint liability for collection and
remittance of such tax.
(1954 Code §3-8)
171.09 RULES AND REGULATIONS; COMPLIANCE REQUIRED.
(a)
The Finance Director shall have the power to adopt rules and regulations not
inconsistent with the terms of this chapter for carrying out and enforcing the payment, collection
and remittance of the tax herein levied. A copy of such rules and regulations shall be published
by posting the same for fifteen days in City Hall as designated by Charter Article IV, Section 11,
for the posting of ordinances and resolutions.
(b)
Failure or refusal to comply with any such rules and regulations shall be deemed
a violation of this chapter.
(c)
Until such time as rules and regulations are promulgated under this section, the
rules and regulations of the Department of Taxation of the State, relating to admission taxes in
effect oh August 31, 1947, except as such may conflict with the provisions of this chapter, shall
be deemed to be the rules and regulations hereunder.
(1954 Code §3-9)
171.99 PENALTY.
Whoever violates any provision of this chapter shall be fined not more than five hundred
dollars ($500.00) or imprisoned not more than six months, or both. Each day's continued violation
shall constitute a separate offense.
2014 Replacement
2014 Replacement
173
CHAPTER 173
Income Tax
Purpose
173.0101 Purpose for the tax levy.
173.0102 Additional purposes.
173.0301
173.0302
173.0303
173.0304
173.0305
173.0306
173.0307
173.0308
173.0309
173.0310
173.0311
173.0312
173.0313
173.0314
173.0315
173.0316
173.0317
173.0318
173.0319
173.0320
173.0321
173.0322
Definitions
Definitions generally.
Director of Finance.
Association.
Board of Review.
Business.
Corporation.
Employee.
Employer.
Fiscal year.
Gross receipts.
Net profits.
Nonresident.
Nonresident unincorporated
business entity.
Person.
Place of business.
Resident.
Resident unincorporated
business entity.
Taxable income.
Taxable year.
Taxpayer.
Manager.
Fundamental change.
Imposition of Income Tax
173.0501 Rate and income taxable.
173.0502 Effective period.
173.0701
173.0702
173.0703
173.0704
173.0705
Determination of Allocation
of Tax
Method of determination.
Sales made in the City
defined.
Total allocation.
Rentals.
Operating loss-carry forward.
2014 Replacement
Exemptions
173.0901 Sources of income not taxed.
Returns
173.1101 When return required to be
made.
173.1102 Form and content of return.
173.1103 Extension of time for filing
returns.
173.1104 Consolidated returns.
173.1105 Amended returns.
Payment of Tax
173.1301 Payment of tax on filing of
returns.
173.1302 Collection at source.
173.1303 Declaration of income.
173.1304 Filing of declaration.
173.1305 Form of declaration.
173.1306 Payment to accompany
declaration.
173.1307 Annual return.
Interest and Penalties
Interest on unpaid tax.
Penalties on unpaid tax.
Exceptions.
Abatement of interest and
penalty.
173.1505 Violations and penalty.
173.1506 Limitation on prosecution.
173.1507 Failure to procure forms
not excuse.
173.1501
173.1502
173.1503
173.1504
Collection of Unpaid Taxes
and Refunds of Overpayments
173.1701 Unpaid taxes recoverable
as other debts.
173.1702 Refunds of taxes erroneously
paid.
173.1703 Amounts of less than one dollar.
Tax Relief and Reciprocity
173.1902 Tax credit.
173.0101
ADMINISTRATIVE CODE
Disbursement of Receipts of
Tax Collection
173.2101 Disbursement of funds
collected.
173.2301
173.2302
173.2303
173.2304
173.2305
173.2306
173.2307
173.2308
173.2309
173.2310
173.2311
173.2312
Duties and Authority
of Director of Finance
Duty to receive tax imposed.
Duty to enforce collection.
Authority to make and
enforce regulations.
Authority to arrange
installment payments.
Authority to determine
amount of tax due.
Authority to make
investigations.
Authority compel
production of records.
Refusal to produce records.
Confidential nature of
information obtained; penalty.
Taxpayer required to retain
records.
Authority to contract for
central collection facilities.
Delegation of authority.
174
Board of Review
173.2501 Board of Review established.
173.2502 Duty to approve regulations
and to hear appeals.
173.2503 Right of appeal.
Other Provisions
173.2701 Separability.
173.2702 Collection of tax after
termination of chapter.
CROSS REFERENCES
Power to levy income tax - see Ohio Const., Art. XVIII, Sec. 3
Payroll deductions - see Ohio R.C. 9.42
Municipal income taxes - see Ohio R.C. Ch. 718
PURPOSE
173.0101 PURPOSE FOR THE TAX LEVY.
To provide funds for the purpose of general Municipal operations, procurement of fixed
assets or permanent improvements, payment of debt charges and for all other lawful purposes of
the City there is levied a tax on all salaries, wages, commissions and other compensation and on
net profits as hereinafter provided.
(Ord. 89-21. Approved by Electors 5-2-89.)
173.0102 ADDITIONAL PURPOSES.
To provide funds for the purpose of acquiring, constructing, operating, maintaining and
otherwise improving permanent improvements and their sites, including recreational facilities as
an integral part of a cooperative project with the Fairview Park City School District, and paying
debt charges related thereto. (Ord. 04-54. Passed 3-21-05.)
2014 Replacement
175
Income Tax
173.0308
DEFINITIONS
173.0301 DEFINITIONS GENERALLY.
For purposes of this chapter certain terms, phrases, words and their derivatives have the
meanings designated in Section 173.0302 through 173.0320. The singular includes the plural and
the masculine includes the feminine and the neuter.
(Ord. 66-67. Passed 12-19-66.)
173.0302 DIRECTOR OF FINANCE.
"Director of Finance" means the individual designated to administer and enforce the
provisions of the City Income Tax.
(Ord. 66-67. Passed 12-19-66. )
173.0303 ASSOCIATION.
"Association" means any partnership, limited partnership or any other form of
unincorporated enterprise, owned by two or more persons.
(Ord. 66-67. Passed 12-19-66.)
173.0304 BOARD OF REVIEW.
"Board of Review" means the Board created by and constituted as provided in Section
173.2501. (Ord. 66-67. Passed 12-19-66.)
173.0305 BUSINESS.
"Business" means any enterprise, activity, profession or undertaking of any nature
conducted for profit or ordinarily conducted for profit, whether by an individual, partnership,
association, corporation or any other entity, excluding however, all nonprofit corporations which
are exempt from the payment of Federal income tax.
(Ord. 66-67. Passed 12-19-66.)
173.0306 CORPORATION.
"Corporation" means a corporation or joint stock association organized under the laws of
the United States, the State of Ohio or any other state, territory or foreign country or dependency.
(Ord. 66-67. Passed 12-19-66.)
173.0307 EMPLOYEE.
"Employee" means one who works for wages, salary, commission or other type of
compensation in the service of an employer.
(Ord. 66-67. Passed 12-19-66.)
173.0308 EMPLOYER.
"Employer" means an individual, partnership, association, corporation, government body,
unit or agency or any other entity, whether or not organized for profit, who or that employs one
or more persons on a salary, wage, commission or other basis of compensation.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
173.0309
ADMINISTRATIVE CODE
176
173.0309 FISCAL YEAR.
"Fiscal year" means an accounting period of twelve months or less ending on any day other
than December 31. (Ord. 66-67. Passed 12-19-66.)
173.0310 GROSS RECEIPTS.
"Gross receipts" means the total income from any source whatever.
(Ord. 66-67. Passed 12-19-66.)
173.0311 NET PROFITS.
"Net profits" means a gain from the operation of a business, profession, enterprise or other
activity after provision for all ordinary and necessary expenses either paid or accrued in
accordance with the accounting system used by the taxpayer for Federal income tax purposes
without deduction of taxes imposed by this chapter, Federal, State and other taxes based on
income; and in the case of an association, without deduction of salaries paid to partners and other
owners. (Ord. 66-67. Passed 12-19-66.)
173.0312 NONRESIDENT.
"Nonresident" means an individual domiciled outside the City.
(Ord. 66-67. Passed 12-19-66.)
173.0313 NONRESIDENT UNINCORPORATED BUSINESS ENTITY.
"Nonresident unincorporated business entity" means an unincorporated business entity not
having an office or place of business within the City.
(Ord. 66-67. Passed 12-19-66.)
173.0314 PERSON.
"Person" means every natural person, partnership, fiduciary, association or corporation.
Whenever used in any clause prescribing and imposing a penalty, the term "person" as applied to
any unincorporated entity, means the partners or members thereof, and as applied to corporations,
the officers thereof. (Ord. 66-67. Passed 12-19-66.)
173.0315 PLACE OF BUSINESS.
"Place of business" means any bona fide office, other than a mere statutory office, factory,
warehouse or other space which is occupied and used by the taxpayer in carrying on any business
activity individually or through one or more of his regular employees regularly in attendance.
(Ord. 66-67. Passed 12-19-66.)
173.0316 RESIDENT.
"Resident" means an individual domiciled in the City.
(Ord. 66-67. Passed 12-19-66.)
173.0317 RESIDENT UNINCORPORATED BUSINESS ENTITY.
"Resident unincorporated business entity" means an unincorporated business entity having
an office or place of business within the City.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
177
Income Tax
173.0501
173.0318 TAXABLE INCOME.
"Taxable income" means wages, salaries, and other compensation paid by an employer or
employers before any deduction and/or net profits from the operation of a business, profession or
other enterprise or activity, including income from gaming, wagering and lottery winnings in
excess of one thousand dollars ($1,000) adjusted in accordance with the provisions of this chapter.
Lottery winnings shall include but not be limited to the Ohio State Lottery (including all Ohio State
Lottery games); and other state and multi-state lotteries.
(Ord. 04-11. Passed 2-17-04.)
173.0319 TAXABLE YEAR.
"Taxable year" means the calendar year, or the fiscal year, upon the basis of which the net
profits are to be computed under this chapter, and in the case of a return for a fractional part of
a year, the period for which such return is required to be made.
(Ord. 66-67. Passed 12-19-66.)
173.0320 TAXPAYER.
"Taxpayer" means a person, whether an individual, partnership, association or any
corporation or other entity, required hereunder to file a return or pay a tax.
(Ord. 66-67. Passed 12-19-66.)
173.0321 MANAGER.
"Manager" means any of the employer's officers, responsible persons, employees having
control or supervision, and employees charged with the responsibility of filing the return, paying
taxes and otherwise complying with this chapter.
(Ord. 84-70. Passed 4-15-85.)
173.0322 FUNDAMENTAL CHANGE.
"Fundamental change" means any substantial alteration by an employer including
liquidation, dissolution, bankruptcy and reorganizations such as merger, consolidation, acquisition,
transfer or change in identity, form or organization.
(Ord. 84-70. Passed 4-15-85.)
IMPOSITION OF INCOME TAX
173.0501 RATE AND INCOME TAXABLE.
An annual tax for the purposes specified in Sections 173.0101 and 173.0102 shall be
imposed on and after January 1, 2014, at the rate of two percent (2%) per annum until December
31, 2021, on which date the tax rate shall revert back to one and three-quarters percent (1.75%)
upon the following: (Ord. 13-21. Passed 5-20-13.)
(a)
On all salaries, wages, commissions and other compensation earned on or after July
l, 1989, by residents of the City;
(b)
On all salaries, wages, commissions and other compensation earned on or after July
l, 1989, by nonresidents of the City for work done or services performed or
rendered within the City;
2014 Replacement
173.0502
(c)
(d)
(e)
(f)
ADMINISTRATIVE CODE
178
(1)
On the portion attributable to the City on the net profits earned on and after
July l, 1989, of all resident unincorporated business entities or professions
or other activities, derived from sales made, work done, services performed
or rendered and business or other activities conducted in the City;
(2)
On the portion of the distributive share of the net profits earned on and after
July l, 1989, of a resident partner or owner of a resident unincorporated
business entity not attributable to the City and not levied against such
unincorporated business entity by the City;
(1)
On the portion attributable to the City of the net profits earned on or after
July l, 1989, of all nonresident unincorporated business entities, professions
or other activities, derived from sales made, work done, services performed
or rendered and business and other activities conducted in the City, whether
or not such unincorporated business entity has an office or place of business
in the City;
(2)
On the portion of the distributive share of the net profits earned on or after
July l, 1989, of a resident partner or owner of a nonresident unincorporated
business entity not attributable to the City and not levied against such
unincorporated business entity by the City;
On the portion attributable to the City of the net profits earned on or after July l,
1989, of all corporations derived from sales made, work done, services performed
or rendered and business or other activities conducted in the City, whether or not
such corporations have an office or place of business in the City.
On the portion attributable to the City pursuant to the terms of this chapter and
including:
(1)
"Royalty income" means income earned by a taxpayer from a royalty
interest in the production of an oil or gas well whether managed, extracted
or operated by the taxpayer individually or through an agent or other
representative, shall be included in the computation of net profits from a
business activity to the extent that such royalty interest constitutes a
business activity of the taxpayer.
Where the gross income received by a taxpayer from a royalty interest in
the production of an oil or gas well in a taxable year exceeds three thousand
dollars ($3,000), it shall be prima facie evidence that the income was
derived from a business activity of such taxpayer and the net income from
such royalty interest shall be subject to tax.
(2)
The employer's income derived from finance and carrying charges
associated with their consumer's accounts receivable.
(Ord. 04-54. Passed 3-21-05.)
173.0502 EFFECTIVE PERIOD.
The income tax shall be levied, collected and paid with respect to the salaries, wages,
commissions and other compensation, and with respect to the net profits of businesses, professions
or other activities earned on and after January 1, 1967.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
179
Income Tax
173.0702
DETERMINATION OF ALLOCATION OF TAX
173.0701 METHOD OF DETERMINATION.
In the taxation of income which is subject to the City income tax, if the books and records
of a taxpayer conducting a business or profession both within and without the boundaries of the
City shall disclose with reasonable accuracy what portion of its net profit is attributable to that part
of the business or profession conducted within the boundaries of the City, then only that portion
shall be considered as having a taxable situs in the City for the purposes of Municipal income
taxation. The portion of the entire net profits of a taxpayer to be allocated as having been derived
from within the City, in the absence of actual records thereof, shall be determined as follows:
Multiply the entire net profits by a business allocation percentage to be determined by a
three-factor formula of property, payroll and sales, each of which shall be given equal weight as
follows:
(a)
The average net book value of the real and tangible personal property owned or
used by the taxpayer in the business or profession in the City during the taxable
period to the average net book value of all the real and tangible personal property
owned or used by the taxpayer in the business or profession during the same
period, wherever situated;
As used in subsection (a) hereof, "real property" includes property rented or leased by the
taxpayer and the value of such property shall be determined by multiplying the annual rental
thereon by eight.
(b)
Wages, salaries and other compensation paid during the taxable period to persons
employed in the business or profession for services performed in the City to wages,
salaries and other compensation paid during the same period to persons employed
in the business or profession, wherever their services are performed;
(c)
Gross receipts of the business or profession, from sales made and services
performed during the taxable period in the City to gross receipts of the business or
profession during the same period from sales and services, wherever made or
performed.
In the event that the above allocation formula does not produce an equitable result, another
basis may, under uniform regulations, be substituted so as to produce such result.
(Ord. 66-67. Passed 12-19-66.)
173.0702 SALES MADE IN THE CITY DEFINED.
As used in subsection (c) of Section 173.0701 "sales made in the City" means:
(a)
All sales of tangible personal property which is delivered within the City regardless
of where title passes if shipped or delivered from a stock of goods within the City;
(b)
All sales of tangible personal property which is delivered within the City regardless
of where title passes even though transported from a point outside the City if the
taxpayer is regularly engaged through its own employees in the solicitation or
promotion of sales within the City and the sales result from such solicitation or
promotion;
2014 Replacement
173.0703
(c)
ADMINISTRATIVE CODE
180
All sales of tangible personal property which is shipped from a place within the
City to purchasers outside of the City regardless of where title passes if the
taxpayer is not, through its own employees, regularly engaged in the solicitation
or promotion of sales at the place where delivery is made.
(Ord. 66-67. Passed 12-19-66.)
173.0703 TOTAL ALLOCATION.
Add together the percentages determined in accordance with subsections (a), (b) and (c)
of Section 173.0701 or such of the percentages as are applicable to the particular taxpayer and
divide the total so obtained by the number of percentages used in deriving the total in order to
obtain the business allocation percentage referred to in Section 173.0701.
A factor is applicable even though it may be allocable entirely in or outside the City.
(Ord. 66-67. Passed 12-19-66.)
173.0704 RENTALS.
(a)
Rental income received by a taxpayer shall be included in the computation of net
profits from business activities under subsections (c) through (e) of Section 173.0501, only if and
to the extent that the rental ownership, management or operation of the real estate from which such
rentals are derived, whether so rented, managed or operated by a taxpayer individually or through
agents or other representatives, constitutes a business activity of the taxpayer in whole or in part.
(b)
Where the gross monthly rental of any and all real properties, regardless of number
and value, aggregates in excess of two hundred fifty dollars ($250.00) per month, it shall be
prima-facie evidence that the rental, ownership, management or operation of such properties is a
business activity of the taxpayer, and the net income of such rental property shall be subject to tax;
provided that in the case of commercial property, the owner shall be considered engaged in a
business activity when the rental is based on a fixed or fluctuating percentage of gross or net sales,
receipts or profits of the lessee, whether or not such rental exceeds two hundred fifty dollars
($250.00) per month; and provided further that a person who operates a licensed rooming house
shall be considered in business whether or not the gross income exceeds two hundred fifty dollars
($250.00) per month. (Ord. 72-10. Passed 4-17-72.)
2014 Replacement
181
Income Tax
173.0901
173.0705 OPERATING LOSS-CARRY FORWARD.
(a)
The portion of a net operating loss sustained in any taxable year subsequent to
January 1, 1967, allocable to the City may be applied against the portion of the profit of
succeeding tax years allocable to the City until exhausted but in no event for more than five taxable
years immediately following the year in which the loss occurred. No portion of a net operating loss
shall be carried back against net profits of any prior year.
(b)
The portion of net operating loss sustained shall be allocated to the City in the same
manner as provided herein for allocating net profits to the City.
(c)
The Director of Finance shall provide by rules and regulations the manner in which
such net operating loss carry-forward shall be determined.
(Ord. 66-67. Passed 12-19-66.)
EXEMPTIONS
173.0901 SOURCES OF INCOME NOT TAXED.
The City income tax shall not be levied on the following:
(a)
Pay or allowance of active members of the Armed Forces of the United States or
income of religious, fraternal, charitable, scientific, literary or educational
institutions to the extent that such income is derived from tax-exempt real estate,
tax-exempt tangible or intangible property or tax-exempt activities;
(b)
Poor relief, unemployment insurance benefits, old age pensions or similar payments
including disability benefits received from local, state or Federal governments or
charitable, religious or educational organizations;
(c)
Proceeds of insurance paid by reason of the death of the insured; pensions,
disability benefits, annuities or gratuities not in the nature of compensation for
services rendered from whatever source derived;
(d)
Receipts from seasonal or casual entertainment, amusements, sports events and
health and welfare activities when any such are conducted by bona fide charitable,
religious or educational organizations and associations;
(e)
Alimony received;
(f)
Personal earnings of any natural person under eighteen years of age;
(g)
Compensation for personal injuries or for damages to property by way of insurance
or otherwise;
(h)
Interest, dividends and other revenue from intangible property;
(i)
Gains from involuntary conversion, cancellation of indebtedness, interest on
Federal obligations, items of income already taxed by the State of Ohio from which
the City is specifically prohibited from taxing, and income of a decedent's estate
during the period of administration, except such income from the operation of a
business;
(j)
Salaries, wages, commissions and other compensation and net profits, the taxation
of which is prohibited by the United States Constitution or any act of Congress
limiting the power of the states or their political subdivisions to impose net income
taxes on income derived from interstate commerce;
2014 Replacement
173.1101
(k)
ADMINISTRATIVE CODE
182
Salaries, wages, commissions and other compensation and net profits, the taxation
of which is prohibited by the Constitution of the State of Ohio or any act of the
Ohio General Assembly limiting the power of the City to impose net income taxes.
(Ord. 66-67. Passed 12-19-66.)
RETURNS
173.1101 WHEN RETURN REQUIRED TO BE MADE.
Each taxpayer, shall, whether or not a tax is due thereon, make and file a return on or
before April 30 of the year following the effective date of this section and on or before April 30
of each year thereafter. When the return is made for a fiscal year or other period different from
the calendar year, the return shall be filed within four months from the end of the fiscal year or
period.
Any person who has no taxable income need not file an annual return. Any person who has
exempt income must file a return and declare to the Director of Finance the nature of his
exemption. Any person who has taxable income must file a tax return with the Director of
Finance. (Ord. 84-72. Passed 4-15-85.)
173.1102 FORM AND CONTENT OF RETURN.
The return shall be filed with the Director of Finance on a form furnished by or obtainable
upon request from the Director setting forth:
(a)
The aggregate amount of salaries, wages, commissions and other compensation
earned and gross income from business, profession or other activity, less allowable
expenses incurred in the acquisition of such gross income earned during the
preceding year and subject to this tax;
(b)
The amount of the tax imposed by this chapter on such earnings and profits; and
(c)
Such other pertinent statements, information returns or other information as the
Director may require.
(Ord. 66-67. Passed 12-19-66.)
173.1103 EXTENSION OF TIME FOR FILING RETURNS.
The Director of Finance may extend the time for filing of an annual return upon the request
of the taxpayer for a period of not to exceed six months, or one month beyond any extension
requested of or granted by the Internal Revenue Service for the filing of the Federal income tax
returns. The Director may require a tentative return, accompanied by payment of the amount of
tax shown to be due thereon by the date the return is normally due. No penalty or interest shall
be assessed in those cases in which the return is filed and the final tax paid within the period as
extended. (Ord. 66-67. Passed 12-19-66.)
2014 Replacement
183
Income Tax
173.1301
173.1104 CONSOLIDATED RETURNS.
(a)
Filing of consolidated returns may be permitted or required in accordance with rules
and regulations prescribed by the Director of Finance.
(b)
In the case of a corporation that carried on transactions with its stockholders or with
other corporations related by stock ownership, interlocking directorates or some other method, or
in case any person operates a division, branch, factory, office, laboratory or activity within the
City constituting a portion only of its total business, the Director shall require such additional
information as he may believe necessary to ascertain whether net profits are properly allocated to
the City. If the Director finds that net profits are not properly allocated to the City by reason of
transactions with stockholders or with other corporations related by stock ownership, interlocking
directorates or transactions with such division, branch, factory, office, laboratory or activity or
by some other method, he shall make such allocation as he believes appropriate to produce a fair
and proper allocation of net profits to the City.
(Ord. 66-67. Passed 12-19-66.)
173.1105 AMENDED RETURNS.
(a)
Where necessary an amended return must be filed in order to report additional
income and pay any additional tax due, or claim a refund of tax overpaid, subject to the
requirements, limitations, or both, contained in Sections 173.1701, 173.1702, 173.1703 and
173.1902. The amended return shall be on a form obtainable on request from the Director of
Finance. A taxpayer may not change the method of accounting or apportionment of net profits
after the due date for filing the original return.
(b)
Within three months from the final determination of any Federal tax liability
affecting the taxpayer's City tax liability, such taxpayer shall make and file an amended City return
showing income subject to the City tax based upon such final determination of Federal tax liability,
and pay any additional tax shown due thereon or make claim for refund of any overpayment.
(Ord. 66-67. Passed 12-19-66.)
PAYMENT OF TAX
173.1301 PAYMENT OF TAX ON FILING OF RETURNS.
(a)
The taxpayer making a return shall, at the time of filing, pay to the Director of
Finance the amount of taxes shown as due thereon; provided, however, that:
(1)
Where any portion of the tax so due has been deducted at the source
pursuant to the provisions of Section 173.1302; or
(2)
Where any portion of the tax has been paid by the taxpayer pursuant to the
provisions of Section 173.1303; or
2014 Replacement
173.1302
ADMINISTRATIVE CODE
(3)
184
Where an income tax has been paid on the same income to another
municipality, credit for the amount so deducted or paid, or credit to the
extent provided for in Section 173.1902, shall be deducted from the amount
shown to be due and only the balance, if any, shall be due and payable at
the time of filing the return.
(b)
A taxpayer who has overpaid the amount of tax to which the City is entitled under
the provisions of this chapter may have such overpayment applied against any subsequent liability
hereunder or, at his election indicated on the return, such overpayment or part thereof shall be
refunded, provided that no additional taxes or refunds of less than one dollar ($1.00) shall be
collected or refunded.
(c)
If any employer which is liable for tax obligations imposed by this chapter
undergoes a fundamental change, then the employer and its manager shall be liable for taxes due
up to the date of the fundamental change. Taxes and final returns shall be due immediately after
the fundamental change. Any successor employer shall withhold from any purchase price that the
successor owes to the predecessor an amount sufficient to pay all unpaid taxes, interest and penalty
which the predecessor employer owes pursuant to this chapter. The successor employer shall make
such withholding until such time that the predecessor employer has paid such taxes, interest and
penalties. If the successor fails to withhold such amount, then the successor and, in a personal
manner, the successor's manager shall be jointly and severally liable for the payment of such
taxes, interest and penalty.
(Ord. 84-73. Passed 4-15-85.)
173.1302 COLLECTION AT SOURCE.
(a)
In accordance with rules and regulations prescribed by the Director of Finance,
each employer within or doing business within the City shall deduct at the time of the payment of
such salary, wages, commissions or other compensation, the tax of one and one-quarter percent
(1-1/4%) (unless a different tax rate is imposed in Section 173.0501) per year of the gross salaries,
wages, commissions or other compensation due by the employer to the employee, and shall, on
or before the last day of each month, make a return and pay to the Director the amount of taxes
so deducted during the previous month. However, if the amount of the tax so deducted by any
employer in any one month is less than one hundred dollars ($100.00), the employer may defer
the filing of a return and payment of the amount deducted until the last day of the month following
the end of the calendar quarter in which such month occurred.
(b)
Returns shall be on a form or forms prescribed or acceptable to the Director and
shall be subject to the rules and regulations prescribed by the Director. Such employer shall be
liable for the payment of the tax required to be deducted and withheld whether or not such taxes
have, in fact, been withheld.
(c)
The employer in collecting the tax shall be deemed to hold the same until payment
is made by such employer to the City as a trustee for the benefit of the City, and any such tax
collected by such employer from his employees shall, until the tax is paid to the City, be deemed
a trust fund in the hands of such employer.
2014 Replacement
185
Income Tax
173.1304
(d)
No person shall be required to withhold the tax on wages or other compensation
paid domestic servants employed by him exclusively in or about such person's residence, even
though such residence is in the City, but such employee shall be subject to all of the requirements
of this chapter.
(e)
Manager's Obligation.
(1)
Every manager is deemed to be a trustee of the City in collecting and
holding the tax required under this chapter to be withheld, and the funds so
collected by such withholding are deemed to be trust funds. Every manager
is liable directly to the City for payment of such trust, whether actually
collected by such employer or not. Any tax deducted and withheld is to be
considered paid to the City, whether or not the employer actually remits the
tax to the City, for purposes of determining employee payments or credits.
(2)
All managers shall be personally liable to the extent of the tax, interest and
penalty, jointly and severally, for failure to file the employer's return or to
pay the employer's tax, interest and penalty as required under this chapter.
(3)
No change in structure by an employer, including a fundamental change,
discharges its managers from liability for the employees' or managers'
failure to remit funds held in trust, to file a tax return or to pay taxes.
(Ord. 84-74. Passed 4-15-85.)
173.1303 DECLARATION OF INCOME.
Except as provided in this chapter, every person shall file a declaration setting forth taxable
income, including distributive shares of net profits of unincorporated business entities, estimated
to be earned by the taxpayer during the current tax year, together with the estimated tax due
thereon, less tax withheld within the City, less the tax credit allowed in Section 173.1902 hereof,
unless such taxpayer anticipates that such tax will be fully withheld within the City, and any
income earned outside of the City will be fully taxed at the same or higher rate of tax in another
municipality. If the estimated tax for the current year, less the tax to be withheld and less such tax
credit, amounts to not more than ten dollars ($10.00), no declaration or payment of estimated tax
is required. (Ord. 73-81. Passed 11-19-73.)
173.1304 FILING OF DECLARATION.
(a)
The declaration required by Section 173.1303 shall be filed on or before April 30
of each year during the effective period set forth in Section 173.0502 or within four months of the
date the taxpayer becomes subject to the tax for the first time.
(b)
Those taxpayers reporting on a fiscal year basis shall file a declaration within four
months after the beginning of each fiscal year or period.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
173.1305
ADMINISTRATIVE CODE
186
173.1305 FORM OF DECLARATION.
(a)
The declaration required by Section 173.1303 shall be filed upon a form furnished
by or obtainable from the Director of Finance. As provided in Section 173.1303, credit shall be
taken for the City of Fairview Park tax to be withheld from any portion of such income and credit
shall be taken for tax to be paid or withheld and remitted to another taxing municipality, in
accordance with the provisions of Section 173.1902.
(b)
The original declaration or any subsequent amendment thereof may be increased
or decreased on or before any subsequent quarterly payment date as provided for herein.
(Ord. 71-54. Passed 12-6-71.)
173.1306 PAYMENT TO ACCOMPANY DECLARATION.
The declaration of estimated tax to be paid to the City shall be accompanied by a payment
of at least one-fourth of the estimated annual tax and at least a similar amount shall be paid on or
before the last day of the seventh and tenth months after the beginning of the taxable year, and on
or before the last day of the first month of the succeeding year following the taxable year.
However, in case an amended declaration has been filed, the unpaid balance shown due thereon
shall be paid in equal installments on or before the remaining payment date.
(Ord. 73-81. Passed 11-19-73. )
173.1307 ANNUAL RETURN.
On or before the last day of the fourth month of the year following that for which the
declaration or amended declaration was filed, an annual return shall be filed and any balance
which may be due the City shall be paid therewith in accordance with the provisions of Section
173.1301. However, any taxpayer may file, on or before the last day of the first month of the year
following that for which such declaration or amended declaration was filed, an annual return and
pay any balance due at such time, in lieu of filing a declaration or an amended declaration, and
in lieu of paying the final quarterly installment based upon a declaration or amended declaration
of estimated tax. (Ord. 71-54. Passed 12-6-71.)
INTEREST AND PENALTIES
173.1501 INTEREST ON UNPAID TAX.
All taxes imposed and all moneys withheld or required to be withheld by employers and
all installments of estimated taxes required to be paid under the provisions of this chapter and
remaining unpaid after they become due shall bear interest at the rate of six percent (6%) per year.
(Ord. 71-54. Passed 12-6-71.)
2014 Replacement
187
Income Tax
173.1505
173.1502 PENALTIES ON UNPAID TAX.
In addition to interest as provided in Section 173.1501, penalties based on the unpaid tax
or installments of estimated tax are hereby imposed as follows:
(a)
For failure to pay taxes or estimated taxes due, other than taxes withheld: ten
percent (10%) per year, but not less than twenty-five dollars ($25.00).
(b)
For failure to remit taxes withheld from employees: ten percent (10%) per month
or fraction thereof, but accumulated penalty shall not exceed fifty percent (50%)
of any unpaid amount and shall not be less than fifty dollars ($50.00) for the first
offense and one hundred dollars ($100.00) for each offense thereafter.
(Ord. 84-75. Passed 4-15-85.)
173.1503 EXCEPTIONS.
A penalty shall not be assessed on any additional tax assessment against a taxpayer made
by the Director of Finance when a return has been filed in good faith and the tax paid thereon
within the time prescribed by the Director. In the absence of fraud, neither penalty nor interest
shall be assessed on any additional tax assessment resulting from a Federal audit, providing an
amended return is filed and the additional tax is paid within three months after a final
determination of the Federal tax liability.
(Ord. 66-67. Passed 13-19-66.)
173.1504 ABATEMENT OF INTEREST AND PENALTY.
Upon recommendation of the Director of Finance, the Board of Review may abate penalty
or interest, or both, or upon an appeal from the refusal of the Director to recommend abatement
of penalty and interest, the Board may nevertheless abate penalty or interest, or both, for good
cause shown. (Ord. 66-67. Passed 12-19-66.)
173.1505 VIOLATIONS AND PENALTY.
Any person who shall:
(a)
Fail, neglect or refuse to make any return or declaration required by this chapter;
(b)
Make any incomplete, false or fraudulent return;
(c)
Intentionally or willfully fail, neglect or refuse to pay the tax, penalties or interest
imposed by this chapter;
(d)
Fail, neglect or refuse to withhold the tax from his employees or remit such
withholding to the Director of Finance;
(e)
Refuse to permit the Director, or any duly authorized agent or employee to
examine his books, records, papers and Federal income tax returns relating to the
income or net profits of a taxpayer;
(f)
Fail to appear before the Director and to produce his books, records, papers or
Federal income tax returns relating to the income or net profits of a taxpayer upon
order or subpoena of the Director;
(g)
Refuse to disclose to the Director any information with respect to the income or net
profits of a taxpayer;
(h)
Fail to comply with the provisions of this chapter or any order or subpoena of the
Director authorized hereby;
2014 Replacement
173.1506
(i)
(j)
(k)
ADMINISTRATIVE CODE
188
Give to any employer false information as to his true name, correct social security
number and residence address or fails to promptly notify an employer of any
change in residence address and date thereof;
Fail to use ordinary diligence in maintaining proper records of employees'
residence addresses, total wages paid and City tax withheld, or knowingly gives the
Director false information; or
Attempt to do anything to avoid the payment of the whole or any part of the tax,
penalties or interest imposed by this chapter; shall be guilty of a misdemeanor and
shall be fined not more than five hundred dollars ($500.00) or imprisoned not more
than six months, or both, for each offense.
(Ord. 84-76. Passed 4-15-85.)
173.1506 LIMITATION ON PROSECUTION.
All prosecutions under this chapter shall be commenced within the time prescribed by Ohio
R.C. 718.06.
173.1507 FAILURE TO PROCURE FORMS NOT EXCUSE.
The failure of any employer or person to receive or procure a return, declaration or other
required form shall not excuse him from making any information return, return or declaration,
from filing such form or from paying the tax.
(Ord. 66-67. Passed 12-19-66.)
COLLECTION OF UNPAID TAXES AND
REFUNDS OF OVERPAYMENTS
173.1701 UNPAID TAXES RECOVERABLE AS OTHER DEBTS.
All taxes imposed by this chapter shall be collectible, together with any interest and
penalties thereon, by suit, as other debts of like amount are recoverable. Except in the case of
fraud, of omission of a substantial portion of income subject to this tax, or of failure to file a
return, an additional assessment shall not be made after three years from the time the return was
filed, whichever is later. However, in those cases in which a Commissioner of Internal Revenue
and the taxpayer have executed a waiver of the Federal statute of limitations, the period within
which an additional assessment may be made by the Director of Finance shall be one year from
the time of the final determination of the Federal tax liability.
(Ord. 66-67. Passed 12-19-66.)
173.1702 REFUNDS OF TAXES ERRONEOUSLY PAID.
Taxes erroneously paid shall not be refunded unless a claim for refund is made within the
time prescribed by Ohio R.C. 718.06.
173.1703 AMOUNTS OF LESS THAN ONE DOLLAR.
Amounts of less than one dollar ($1.00) shall not be collected or refunded.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
189
Income Tax
173.2101
TAX RELIEF AND RECIPROCITY
173.1902 TAX CREDIT.
(a)
Effective July l, 1989, when the taxable income of a resident of the City of Fairview
Park is subject to a municipal income tax in another municipality on the same income taxable
under this chapter, such resident shall be allowed a credit of the amount of income tax paid on
such taxable income to the other municipality, equal to seventy-five percent (75%) of the amount
obtained by multiplying the lower of the tax rate of such other municipality or of the City of
Fairview Park by the taxable income earned in or attributable to the municipality of employment
or business activity, but in any event, such credit shall not be applied to a rate in excess of one and
one-quarter percent (1.25%) of the taxable income earned or attributable to the municipality of
employment or business activity. For the purposes of this section, "taxable income" includes the
distributive share of net profits of a resident partner or owner of an unincorporated business entity.
(b)
A claim for credit or refund under this section shall be made in such manner as the
Director of Finance may by regulation provide. In the event such City resident fails, neglects or
refuses to file an annual return or declaration on the form prescribed by the Director, he shall not
be entitled to such credit or refund and shall be considered in violation of this chapter for failure
to file a return. (Ord. 89-25. Passed 5-1-89.)
DISBURSEMENT OF RECEIPTS OF TAX COLLECTION
173.2101 DISBURSEMENT OF FUNDS COLLECTED.
The funds collected under the provisions of this chapter shall be disbursed in the following
manner:
(a)
First, such part of the funds as is necessary to defray all expenses of collecting the
tax and of administering and enforcing the provisions of this chapter shall be paid.
(b)
After payment of the expenses referred to in subsection (a) hereof, one hundred
percent (100%) of the proceeds of the one and one-quarter percent (1.25%) income
tax levy shall provide funds for the purpose of Section 173.0101. Until December
31, 2005, one hundred percent (100%) of the proceeds from the one-quarter
percent (.25%) income tax levy shall be deposited in a special fund to be used
primarily to pay the costs of the resurfacing and rehabilitation of City streets as
determined by the City Engineer, the balance remaining in the special fund may be
used for motor vehicle and equipment acquisitions, and to pay principal of and
interest on general obligation bonds and bond anticipation notes issued by the City
`to pay the costs of permanent improvements. One hundred percent (100%) of the
proceeds of the one-half percent (.50%) income tax levy shall provide funds for the
purpose of Section 173.0102.
(c)
Funds reserved for the streets purposes as set forth in subsection (b) hereof shall
not include any cost associated with or attributable to the compensation, salary,
wages, benefits and all other terms, conditions and privileges of employment of any
municipal employee.
(Ord. 04-54. Passed 3-21-05.)
2014 Replacement
173.2301
ADMINISTRATIVE CODE
190
DUTIES AND AUTHORITY OF DIRECTOR OF FINANCE
173.2301 DUTY TO RECEIVE TAX IMPOSED.
It shall be the duty of the Director of Finance to receive the tax imposed by this chapter
in the manner prescribed herein from the taxpayers, to keep accurate records thereof and to report
all moneys so received. (Ord. 66-67. Passed 12-19-66.)
173.2302 DUTY TO ENFORCE COLLECTION.
It shall be the duty of the Director of Finance to enforce payment of all taxes owing to the
City; to keep accurate records for a minimum of five years showing the amount due from each
taxpayer required to file a declaration and make any return, or both, including taxes withheld; and
to show the dates and amounts of payments thereof.
(Ord. 66-67. Passed 12-19-66.)
173.2303 AUTHORITY TO MAKE AND ENFORCE REGULATIONS.
The Director of Finance is hereby charged with the enforcement of the provisions of this
chapter, and is hereby empowered, subject to the approval of the Board of Review, to adopt and
promulgate and to enforce rules and regulations relating to any matter or thing pertaining to the
collection of taxes and the administration and enforcement of the provisions of this chapter,
including provisions for the re-examination and correction of returns.
(Ord. 66-67. Passed 12-19-66.)
173.2304 AUTHORITY TO ARRANGE INSTALLMENT PAYMENTS.
The Director of Finance is authorized to arrange for the payment of unpaid taxes, interest
and penalties on a schedule of installment payments, when the taxpayer has proved to the Director
that, due to certain hardship conditions, he is unable to pay the full amount of the tax due. Such
authorization shall not be granted until proper returns are filed by the taxpayer for all amounts
owed by him under this chapter.
Failure to make any deferred payment when due, shall cause the total unpaid amount,
including penalty and interest, to become payable on demand and the provisions of Sections
173.1701 and 173.1505 of this chapter shall apply.
(Ord. 66-67. Passed 12-19-66.)
173.2305 AUTHORITY TO DETERMINE AMOUNT OF TAX DUE.
(a)
Preparation of Return by Director of Finance. If any taxpayer fails to file a tax
return which is required by City ordinance within the time prescribed therefor but consents to
disclose all information necessary to the preparation thereof, then the Director of Finance may
prepare such return which, after being signed by such person, may be received by the Director
of Finance as the return of such person.
(b)
Execution of Return by Director of Finance. If any taxpayer fails to file a tax
return which is required by City ordinances within the time prescribed therefore, or makes,
willfully or otherwise, a false or fraudulent return, then the Director of Finance shall make in a
reasonable manner such return from his own knowledge and from such information as he can
obtain throughout testimony or otherwise.
2014 Replacement
191
Income Tax
173.2307
(c)
Assessment of a Taxpayer by Director of Finance. The Director of Finance may
calculate and assess any taxpayer for the amount of tax, penalty and interest which is imposed by
City ordinance and which is due and owing. Such assessment shall be made by the Director of
Finance issuing summary records to the last known address of the taxpayer of the assessment. This
summary shall include the identification of the taxpayer, the character of the liability assessed, the
taxation period and the amount of the assessment.
(d)
Status of Executed Returns and Assessments. Any return executed by or any
assessment made by the Director of Finance pursuant to City ordinances shall be prima-facie good
and sufficient for all legal purposes. The Director of Finance may execute supplemental tax returns
and may issue supplemental assessments whenever the Director of Finance has knowledge derived
from any source including the taxpayer's financial data that any executed tax return or assessment
is imperfect or incomplete in any material respect.
(e)
Limitation of Prosecutions. Neither the Director of Finance's execution of a return
nor the Director of Finance's assessment of a taxpayer shall start the running of the period of
limitations on prosecutions set forth elsewhere in City ordinances.
(Ord. 84-77. Passed 4-15-85.)
173.2306 AUTHORITY TO MAKE INVESTIGATIONS.
The Director of Finance, or any authorized employee, is hereby authorized to examine the
books, papers, records and Federal income tax returns of any employer or of any taxpayer or
person subject to, or whom the Director believes is subject to the provisions of this chapter, or the
purpose of verifying the accuracy of any return made, or if no return was made, to ascertain the
tax due under this chapter. Every such employer, supposed employer, taxpayer or supposed
taxpayer is hereby directed and required to furnish, upon written request by the Director or his
duly authorized agent or employee, the means, facilities and opportunity for making such
examinations and investigations as are hereby authorized.
(Ord. 66-67. Passed 12-19-66.)
173.2307 AUTHORITY TO COMPEL PRODUCTION OF RECORDS.
The Director of Finance is hereby authorized to order any person presumed to have
knowledge of the facts to appear before him and may examine such person, under oath, concerning
any income which was or should have been returned for taxation or any transaction tending to
affect such income, and for this purpose may compel the production of books, papers, records and
Federal income tax returns and the attendance of all persons before him, whether as parties or
witnesses, whenever he believes such persons have knowledge of such income or information
pertinent to the inquiry.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
173.2308
ADMINISTRATIVE CODE
192
173.2308 REFUSAL TO PRODUCE RECORDS.
The refusal to produce books, papers, records and Federal income tax returns, or the
refusal to submit to such examination by any employer or persons subject or presumed to be
subject to the tax or by any officer, agent or employee of a person subject to the tax or required
to withhold tax or the failure of any person to comply with the provisions of this chapter or with
an order or subpoena of the Director of Finance authorized hereby shall be deemed a violation of
this chapter, punishable as provided in Section 173.1505.
(Ord. 66-67. Passed 12-19-66.)
173.2309 CONFIDENTIAL NATURE OF INFORMATION OBTAINED; PENALTY.
Any information gained as the result of any returns, investigations, hearings or verifications
required or authorized by this chapter shall be confidential except for official purposes or in
accordance with proper judicial order. Any person divulging such information in violation of this
section, shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than
six months, or both. Each disclosure shall constitute a separate offense.
In addition to the above penalty, any employee of the City who violates any provision of
this section relative to the disclosure of confidential information shall be immediately dismissed.
(Ord. 66-67. Passed 12-19-66.)
173.2310 TAXPAYER REQUIRED TO RETAIN RECORDS.
Every taxpayer shall retain all records necessary to compute his tax liability for a period
of five years from the date his return is filed or the withholding taxes are paid.
(Ord. 66-67. Passed 12-19-66.)
173.2311 AUTHORITY TO CONTRACT FOR CENTRAL COLLECTION
FACILITIES.
The City, having already entered into an agreement for the establishment of a Regional
Council of Governments pursuant to Ordinance 71-34, which Council has organized a municipal
tax collection agency known as the "Regional Income Tax Agency, " the Board of Trustees of the
Regional Income Tax Agency is authorized to administer and enforce the provisions of this chapter
as the agent of the City, and the duties and authority of the Director of Finance hereunder may be
performed by the Board of Trustees of the Agency through the Administrator of such Agency.
However, the Administrator of the Agency shall have no authority to abate penalties or interest
provided for in Section 173.1501 and 173.1502.
(Ord. 71-54. Passed 12-6-71.)
173.2312 DELEGATION OF AUTHORITY.
In order to facilitate the administration of this chapter, the Director of Finance, with the
approval of the Mayor, may delegate or assign to a central collection facility any part or all of his
duties as set forth in this chapter.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
193
Income Tax
173.2701
BOARD OF REVIEW
173.2501 BOARD OF REVIEW ESTABLISHED.
A Board of Review, consisting of the Mayor or his designee, the Director of Law or his
Assistant designee and a member of Council to be elected by that body, is hereby created. The
Board shall select, each year for a one-year term, one of its members to serve as Chairman and
one to serve as Secretary. A majority of the members of the Board shall constitute a quorum. The
Board shall adopt its own procedural rules and shall keep a record of its transactions. Any hearing
by the Board may be conducted privately and the provisions of Section 173.2309 with reference
to the confidential character of information required to be disclosed by this chapter shall apply to
such matters as may be heard before the Board on Appeal.
(Ord. 66-67. Passed 12-19-66.)
173.2502 DUTY TO APPROVE REGULATIONS AND TO HEAR APPEALS.
All rules and regulations and amendments or changes thereto, which are adopted by the
Director of Finance under the authority conferred by this chapter, must be approved by the Board
of Review before the same becomes effective. The Board shall hear and pass on appeals from any
ruling or decision of the Director, and, at the request of the taxpayer or Director, is empowered
to substitute alternate methods of allocation.
(Ord. 66-67. Passed 12-19-66.)
173.2503 RIGHT OF APPEAL.
Any person dissatisfied with any ruling or decision of the Director of Finance which is
made under the authority conferred by this chapter may appeal therefrom to the Board of Review
within thirty days from the announcement of such ruling or decision by the Director, and the
Board shall, on hearing, have jurisdiction to affirm, reverse or modify any such ruling or decision
or any part thereof. (Ord. 66-67. Passed 12-19-66.)
OTHER PROVISIONS
173.2701 SEPARABILITY.
If any sentence, clause, section or part of this chapter, or any tax against any individual
or any of the several groups specified herein is found to be unconstitutional, illegal or invalid such
unconstitutionality, illegality or invalidity shall affect only such clause, sentence, section or part
of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses,
sections or other parts of this chapter. It is hereby declared to be the intention of Council that this
chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
173.2702
ADMINISTRATIVE CODE
194
173.2702 COLLECTION OF TAX AFTER TERMINATION OF CHAPTER.
(a)
This chapter shall continue effective insofar as the levy of the income tax is
concerned until repealed and insofar as the collection of tax levied hereunder and actions and
proceedings for collecting any tax so levied or enforcing any provisions of this chapter are
concerned, it shall continue effective until all of the taxes levied in such period are fully paid and
any and all suits and prosecutions for the collection of the taxes or for the punishment of violations
of this chapter have been fully terminated, subject to the limitations contained in Sections
173.1701, 173.1702, 173.1703, 173.1505, 173.1506 and 173.1507.
(b)
Annual returns due for all or part of the last effective year of this chapter shall be
due on the date provided in Sections 173.1101 and 173.1302 of this chapter as though the tax
levied in this chapter was continuing.
(Ord. 66-67. Passed 12-19-66.)
2014 Replacement
195
CHAPTER 175
Motor Vehicle License Tax
175.01 Levy; purpose.
175.02 Rate.
175.03 Applicability.
175.04 Purpose.
175.05 Chapter certified.
CROSS REFERENCES
Authority to collect - see Ohio R.C. 4504.06
175.01 LEVY; PURPOSE.
There is hereby levied an annual license tax upon those vehicles registered in the City
district of registration and upon the operation on the public roads and highways, pursuant to Ohio
R.C. 4504.172, for the purposes of planning, constructing, improving, maintaining and repairing
public roadways, highways and streets; for paying the costs and expenses of enforcing and
administering the tax provided for in this section; to provide additional revenue for the purposes
as set forth in Ohio R.C. 4504.06; and to supplement revenue already available for such purposes.
(Ord. 88-14. Passed 5-2-88.)
175.02 RATE.
Such tax shall be levied at the rate of five dollars ($5.00) per motor vehicle for each and
every motor vehicle, as such term is defined in Ohio R.C. 4501.01 and 4505.01, the district of
registration of which vehicles, as defined in Ohio R.C. 4503.10, is in the City of Fairview Park,
Ohio. (Ord. 88-14. Passed 5-2-88.)
175.03 APPLICABILITY.
The tax imposed by this chapter shall apply to and be in effect during each registration year
thereafter until repealed.
(Ord. 88-14. Passed 5-2-88.)
2014 Replacement
175.04
ADMINISTRATIVE CODE
196
175.04 PURPOSE.
The moneys derived from the tax imposed by this chapter shall be used by the City for the
purposes as set forth in Ohio R.C. 4504.06.
(Ord. 88-14. Passed 5-2-88.)
175.05 CHAPTER CERTIFIED.
The Mayor and the Finance Director are authorized and directed to complete any and all
documents necessary to ensure that this chapter is certified to the Bureau of Motor Vehicles on or
before September 30, 1988.
(Ord. 88-14. Passed 5-2-88.)
2014 Replacement
CODIFIED ORDINANCES OF FAIRVIEW PARK
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
Chap. 301. Definitions.
Chap. 303. Enforcement, Impounding and Penalty.
Chap. 305. Traffic Control.
Chap. 307. Impounding Vehicles.
TITLE THREE - Streets and Traffic Control Devices
Chap. 311. Street Obstructions and Special Uses.
Chap. 313. Traffic Control Devices.
TITLE FIVE - Vehicles
Chap. 331. Operation Generally.
Chap. 333. OVI; Willful Misconduct; Speed.
Chap. 335. Licensing; Accidents.
Chap. 337. Safety and Equipment.
Chap. 339. Commercial and Heavy Vehicles.
Chap. 341. Commercial Drivers.
Chap. 343. Transportation of Radioactive Materials.
TITLE SEVEN - Parking
Chap. 351. Parking Generally.
TITLE NINE - Pedestrians, Bicycles and Motorcycles
Chap. 371. Pedestrians.
Chap. 373. Bicycles and Motorcycles.
Chap. 375. Bicycle Registration.
Chap. 377. Snowmobiles, Off-Highway Motorcycles and
All Purpose Vehicles.
2015 Replacement
2015 Replacement
3
CODIFIED ORDINANCES OF FAIRVIEW PARK
PART THREE - TRAFFIC CODE
Chap.
Chap.
Chap.
Chap.
TITLE ONE - Administration
301. Definitions.
303. Enforcement, Impounding and Penalty.
305. Traffic Control.
307. Impounding Vehicles.
CHAPTER 301
Definitions
301.01 Meaning of words and phrases.
301.02 Agricultural tractor.
301.03 Alley.
301.031 Beacon; hybrid beacon.
301.04 Bicycle; motorized bicycle.
301.05 Bus.
301.06 Business district.
301.07 Commercial tractor.
301.08 Controlled-access highway.
301.09 Crosswalk.
301.10 Driver or operator.
301.11 Emergency vehicle.
301.12 Explosives.
301.13 Expressway.
301.14 Flammable liquid.
301.15 Freeway.
301.16 Gross weight.
301.161 Highway maintenance vehicle.
301.162 Highway traffic signal.
301.17 Intersection.
301.18 Laned street or highway.
301.181 Median.
301.19 Motorcycle.
301.20 Motor vehicle.
301.201 Operate.
301.21 Park or parking.
301.22 Pedestrian.
301.23 Person.
301.24 Pole trailer.
301.25 Police officer.
301.251 Predicate motor vehicle or
traffic offense.
301.26
301.27
301.28
301.29
301.30
301.31
301.32
301.321
301.33
301.34
301.35
301.36
301.361
301.37
301.38
301.39
301.40
301.41
301.42
301.43
301.44
301.45
301.46
301.47
301.48
301.49
301.50
301.51
301.52
Private road or driveway.
Public safety vehicle.
Railroad.
Railroad sign or signal.
Railroad train.
Residence district.
Right of way.
Road service vehicle.
Roadway.
Safety zone.
School bus.
Semitrailer.
Shared-use path.
Sidewalk.
State route.
Stop (when required).
Stopping or standing.
Stop intersection.
Street or highway;
arterial street.
Through street or highway.
Thruway.
Traffic.
Traffic control device.
Traffic control signal.
Trailer.
Truck.
Urban district.
Vehicle.
Wheelchair, motorized.
2015 Replacement
301.01
TRAFFIC CODE
4
CROSS REFERENCES
See sectional histories for similar State law
Funeral procession defined - see TRAF. 331.24
Street racing defined - see TRAF. 333.07
Studded tire defined - see TRAF. 339.11
Blind person defined - see TRAF. 371.02
Snowmobile, off-highway motorcycle and all purpose vehicle
defined - see TRAF. 375.01
School zones defined - see TRAF. 333.03(b)
301.01 MEANING OF WORDS AND PHRASES.
The following words and phrases when used in this Traffic Code, except as otherwise
provided, shall have the meanings respectively ascribed to them in this chapter.
301.02 AGRICULTURAL TRACTOR.
"Agricultural tractor" means every self-propelling vehicle designed or used for drawing
other vehicles or wheeled machinery but having no provision for carrying loads independently of
such other vehicles, and used principally for agricultural purposes. (ORC 4511.01(J))
301.03 ALLEY.
"Alley" means a street or highway intended to provide access to the rear or side of lots or
buildings in urban districts and not intended for the purpose of through vehicular traffic, and
includes any street or highway that has been declared an "alley" by Council. (ORC 4511.01(XX))
301.031 BEACON; HYBRID BEACON.
(a)
“Beacon” means a highway traffic signal with one or more signal sections that
operate in a flashing mode. (ORC 4511.01(KKK))
(b)
“Hybrid beacon” means a type of beacon that is intentionally placed in a dark mode
between periods of operation where no indications are displayed and, when in operation, displays
both steady and flashing traffic control signal indications.
(ORC 4511.01(LLL))
301.04 BICYCLE; MOTORIZED BICYCLE.
(a)
"Bicycle" means every device, other than a device that is designed solely for use
as a play vehicle by a child, that is propelled solely by human power, upon which a person may
ride and that has two or more wheels any of which is more than fourteen inches in diameter.
(ORC 4511.01(G))
(b)
"Motorized bicycle" means any vehicle having either two tandem wheels or one
wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with
a helper motor of not more than fifty cubic centimeters piston displacement which produces no
more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater
than twenty miles per hour on a level surface. (ORC 4511.01(H))
2015 Replacement
5
Definitions
301.12
301.05 BUS.
"Bus" means every motor vehicle designed for carrying more than nine passengers and
used for the transportation of persons other than in a ridesharing arrangement as defined in Ohio
R.C. 4511.01, and every motor vehicle, automobile for hire or funeral car, other than a taxicab
or motor vehicle used in a ridesharing arrangement, designed and used for the transportation of
persons for compensation. (ORC 4511.01(L))
301.06 BUSINESS DISTRICT.
"Business district" means the territory fronting upon a street or highway, including the
street or highway, between successive intersections where fifty percent or more of the frontage
between such successive intersections is occupied by buildings in use for business, or where fifty
percent or more of the frontage for a distance of 300 feet or more is occupied by buildings in use
for business, and the character of such territory is indicated by official traffic control devices.
(ORC 4511.01(NN))
301.07 COMMERCIAL TRACTOR.
"Commercial tractor" means every motor vehicle having motive power designed or used
for drawing other vehicles and not so constructed as to carry any load thereon, or designed or used
for drawing other vehicles while carrying a portion of such other vehicles, or the load thereon,
or both. (ORC 4511.01(I))
301.08 CONTROLLED-ACCESS HIGHWAY.
"Controlled-access highway" means every street or highway in respect to which owners
or occupants of abutting lands and other persons have no legal right or access to or from the same
except at such points only and in such manner as may be determined by the public authority having
jurisdiction over such street or highway. (ORC 4511.01(CC))
301.09 CROSSWALK.
"Crosswalk" means:
(a)
That part of a roadway at intersections ordinarily included within the real or
projected prolongation of property lines and curb lines or, in the absence of
curbs, the edges of the traversable roadway;
(b)
Any portion of a roadway at an intersection or elsewhere, distinctly indicated for
pedestrian crossing by lines or other markings on the surface;
(c)
Notwithstanding subsections (a) and (b) hereof, there shall not be a crosswalk
where authorized signs have been placed indicating no crossing.
(ORC 4511.01(LL))
301.10 DRIVER OR OPERATOR.
"Driver" or "operator" means every person who drives or is in actual physical control of
a vehicle. (ORC 4511.01(Y))
301.11 EMERGENCY VEHICLE.
"Emergency vehicle" means emergency vehicles of municipal, township or county
departments or public utility corporations when identified as such as required by law, the Ohio
Director of Public Safety or local authorities, and motor vehicles when commandeered by a police
officer. (ORC 4511.01(D))
301.12 EXPLOSIVES.
"Explosives" means any chemical compound or mechanical mixture that is intended for the
purpose of producing an explosion that contains any oxidizing and combustible units or other
ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by
concussion, by percussion or by a detonator of any part of the compound or mixture may cause
2015 Replacement
301.13
TRAFFIC CODE
6
such a sudden generation of highly heated gases that the resultant gaseous pressures are capable
of producing destructive effects on contiguous objects, or of destroying life or limb.
Manufactured articles shall not be held to be explosives when the individual units contain
explosives in such limited quantities, of such nature or in such packing, that it is impossible to
procure a simultaneous or a destructive explosion of such units, to the injury of life, limb or
property by fire, by friction, by concussion, by percussion or by a detonator, such as fixed
ammunition for small arms, firecrackers or safety fuse matches. (ORC 4511.01(T))
301.13 EXPRESSWAY.
"Expressway" means a divided arterial highway for through traffic with full or partial
control of access with an excess of fifty percent of all crossroads separated in grade.
(ORC 4511.01(ZZ))
301.14 FLAMMABLE LIQUID.
"Flammable liquid" means any liquid that has a flash point of seventy degrees Fahrenheit,
or less, as determined by a tagliabue or equivalent closed cup test device.
(ORC 4511.01(U))
301.15 FREEWAY.
"Freeway" means a divided multi-lane highway for through traffic with all crossroads
separated in grade and with full control of access. (ORC 4511.01(YY))
301.16 GROSS WEIGHT.
"Gross weight" means the weight of a vehicle plus the weight of any load thereon.
(ORC 4511.01(V))
301.161 HIGHWAY MAINTENANCE VEHICLE.
“Highway maintenance vehicle” means a vehicle used in snow and ice removal or road
surface maintenance, including a snow plow, traffic line striper, road sweeper, mowing machine,
asphalt distributing vehicle, or other such vehicle designed for use in specific highway maintenance
activities. (ORC 4511.01(QQQ))
301.162 HIGHWAY TRAFFIC SIGNAL.
“Highway traffic signal”means a power-operated traffic control device by which traffic is
warned or directed to take some specific action. “Highway traffic signal” does not include a
power-operated sign, steadily illuminated pavement markers, warning light, or steady burning
electric lamp. (ORC 4511.01(MMM))
301.17 INTERSECTION.
"Intersection" means:
(a)
The area embraced within the prolongation or connection of the lateral curb lines,
or, if none, the lateral boundary lines of the roadways of two highways that join
one another at, or approximately at, right angles, or the area within which
vehicles traveling upon different highways that join at any other angle might come
into conflict. The junction of an alley or driveway with a roadway or highway
does not constitute an intersection unless the roadway or highway at the junction
is controlled by a traffic control device.
(b)
If a highway includes two roadways that are thirty feet or more apart, then every
crossing of each roadway of such divided highway by an intersecting highway
constitutes a separate intersection. If both intersecting highways include two
roadways thirty feet or more apart, then every crossing of any two roadways of
such highways constitutes a separate intersection.
2015 Replacement
7
Definitions
(c)
301.22
At a location controlled by a traffic control signal, regardless of the distance
between the separate intersections as described in subsection (b) of this section:
(1)
If a stop line, yield line, or crosswalk has not been designated on the
roadway within the median between the separate intersections, the two
intersections and the roadway and median constitute one intersection.
(2)
Where a stop line, yield line, or crosswalk line is designated on the
roadway on the intersection approach, the area within the crosswalk and
any area beyond the designated stop line or yield line constitute part of the
intersection.
(3)
Where a crosswalk is designated on a roadway on the departure from the
intersection, the intersection includes the area that extends to the far side of
the crosswalk. (ORC 4511.01(KK))
301.18 LANED STREET OR HIGHWAY.
"Laned street or highway" means a street or highway the roadway of which is divided into
two or more clearly marked lanes for vehicular traffic.
(ORC 4511.01(GG))
301.181 MEDIAN.
“Median” means the area between two roadways of a divided highway, measured from
edge of traveled way to edge of traveled way, but excluding turn lanes. The width of a median
may be different between intersections, between interchanges, and at opposite approaches of the
same intersection. (ORC 4511.01(NNN))
301.19 MOTORCYCLE.
"Motorcycle" means every motor vehicle, other than a tractor, having a seat or saddle for
the use of the operator and designed to travel on not more than three wheels in contact with the
ground, including but not limited to, motor vehicles known as "motor-driven cycle," "motor
scooter" or "motorcycle" without regard to weight or brake horsepower.
(ORC 4511.01(C))
301.20 MOTOR VEHICLE.
"Motor vehicle" means every vehicle propelled or drawn by power other than muscular
power, except motorized bicycles, road rollers, traction engines, power shovels, power cranes and
other equipment used in construction work and not designed for or employed in general highway
transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm
machinery, and trailers designed and used exclusively to transport a boat between a place of
storage and a marina, or in and around a marina, when drawn or towed on a street or highway for
a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
(ORC 4511.01(B))
301.201 OPERATE.
“Operate” means to cause or have caused movement of a vehicle.
(ORC 4511.01(HHH))
301.21 PARK OR PARKING.
"Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading merchandise
or passengers.
301.22 PEDESTRIAN.
"Pedestrian" means any natural person afoot. (ORC 4511.01(X))
2015 Replacement
301.23
TRAFFIC CODE
8
301.23 PERSON.
"Person" means every natural person, firm, copartnership, association or corporation.
(ORC 4511.01(W))
301.24 POLE TRAILER.
"Pole trailer" means every trailer or semitrailer attached to the towing vehicle by means
of a reach, pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily
used for transporting long or irregular shaped loads such as poles, pipes or structural members
capable, generally, of sustaining themselves as beams between the supporting connection.
(ORC 4511.01(O))
301.25 POLICE OFFICER.
"Police officer" means every officer authorized to direct or regulate traffic, or to make
arrests for violations of traffic regulations.
(ORC 4511.01(Z))
301.251 PREDICATE MOTOR VEHICLE OR TRAFFIC OFFENSE.
“Predicate motor vehicle or traffic offense” means any of the following:
(a)
A violation of Ohio R.C. 4511.03, 4511.051, 4511.12, 4511.132, 4511.16,
4511.20, 4511.201, 4511.21, 4511.211, 4511.213, 4511.22, 4511.23, 4511.25,
4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31, 4511.32, 4511.33,
4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41,
4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511, 4511.53,
4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59, 4511.60, 4511.61,
4511.64, 4511.66, 4511.661, 4511.68, 4511.70, 4511.701, 4511.71, 4511.711,
4511.712, 4511.713, 4511.72, 4511.73, 4511.763, 4511.771, 4511.78 or 4511.84;
(b)
A violation of division (A)(2) of Ohio R.C. 4511.17, divisions (A) to (D) of Ohio
R.C. 4511.51, or division (A) of Ohio R.C. 4511.74;
(c)
A violation of any provision of Ohio R.C. 4511.01 to 4511.76 for which no
penalty otherwise is provided in the section that contains the provision violated;
(d)
A violation of a municipal ordinance that is substantially similar to any section or
provision set forth or described in subsection (a) to (c) of this section.
(ORC 4511.01(III))
301.26 PRIVATE ROAD OR DRIVEWAY.
(a)
"Private road or driveway" means every way or place in private ownership used
for vehicular travel by the owner and those having express or implied permission from the owner
but not by other persons. (ORC 4511.01(DD))
(b)
“Private road open to public travel” means a private toll road or road, including
any adjacent sidewalks that generally run parallel to the road, within a shopping center, airport,
sports arena, or other similar business or recreation facility that is privately owned but where the
public is allowed to travel without access restrictions. “Private road open to public travel”
includes a gated toll road but does not include a road within a private gated property where access
is restricted at all times, a parking area, a driving aisle within a parking area, or a private grade
crossing. (ORC 4511.01(OOO))
301.27 PUBLIC SAFETY VEHICLE.
"Public safety vehicle" means any of the following:
(a)
Ambulances, including private ambulance companies under contract to a municipal
corporation, township or county and private ambulances and transport vehicles
bearing license plates issued under Ohio R.C. 4503.49;
2015 Replacement
9
Definitions
(b)
(c)
(d)
(e)
301.32
Motor vehicles used by public law enforcement officers or other persons sworn to
enforce the criminal and traffic laws of the State or the Municipality;
Any motor vehicle when properly identified as required by the Ohio Director of
Public Safety, when used in response to fire emergency calls or to provide
emergency medical service to ill or injured persons, and when operated by a duly
qualified person who is a member of a volunteer rescue service or a volunteer fire
department, and who is on duty pursuant to the rules or directives of that service.
The Ohio Fire Marshal shall be designated by the Ohio Director of Public Safety
as the certifying agency for all public safety vehicles described in this subsection
(c);
Vehicles used by fire departments, including motor vehicles when used by
volunteer fire fighters responding to emergency calls in the fire department service
when identified as required by the Ohio Director of Public Safety.
Any vehicle used to transport or provide emergency medical service to an ill or
injured person, when certified as a public safety vehicle, shall be considered a
public safety vehicle when transporting an ill or injured person to a hospital
regardless of whether such vehicle has already passed a hospital.
(ORC 4511.01(E))
Vehicles used by the Commercial Motor Vehicle Safety Enforcement Unit for the
enforcement of orders and rules of the Public Utilities Commission as specified in
Ohio R.C. 5503.34.
301.28 RAILROAD.
"Railroad" means a carrier of persons or property operating upon rails placed principally
on a private right of way. (ORC 4511.01(P))
301.29 RAILROAD SIGN OR SIGNAL.
"Railroad sign or signal" means any sign, signal or device erected by authority of a public
body or official or by a railroad and intended to give notice of the presence of railroad tracks or
the approach of a railroad train.
(ORC 4511.01(SS))
301.30 RAILROAD TRAIN.
"Railroad train" means a steam engine, or an electric or other motor, with or without cars
coupled thereto, operated by a railroad. (ORC 4511.01(Q))
301.31 RESIDENCE DISTRICT.
"Residence district" means the territory, not comprising a business district, fronting on a
street or highway, including the street or highway, where, for a distance of 300 feet or more, the
frontage is improved with residences or residences and buildings in use for business.
(ORC 4511.01(OO))
301.32 RIGHT OF WAY.
"Right of way" means either of the following, as the context requires:
(a)
The right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner
in the direction in which it or the individual is moving in preference to another
vehicle or pedestrian approaching from a different direction into its or the
individual’s path;
(b)
A general term denoting land, property or the interest therein, usually in the
configuration of a strip, acquired for or devoted to transportation purposes.
When used in this context, right of way includes the roadway, shoulders or berm,
ditch, and slopes extending to the right-of-way limits under the control of the
State or local authority.(ORC 4511.01(UU))
2015 Replacement
301.321
TRAFFIC CODE
10
301.321 ROAD SERVICE VEHICLE.
“Road service vehicle” means wreckers, utility repair vehicles, and state, county, and
municipal service vehicles equipped with visual signals by means of flashing, rotating, or
oscillating lights. (ORC 4511.01(JJJ))
301.33 ROADWAY.
"Roadway" means that portion of a street or highway improved, designed or ordinarily
used for vehicular travel, except the berm or shoulder. If a street or highway includes two or
more separate roadways, the term "roadway" means any such roadway separately but not all such
roadways collectively.
(ORC 4511.01(EE))
301.34 SAFETY ZONE.
"Safety zone" means the area or space officially set apart within a roadway for the
exclusive use of pedestrians and protected or marked or indicated by adequate signs as to be
plainly visible at all times. (ORC 4511.01(MM))
301.35 SCHOOL BUS.
"School bus" means every bus designed for carrying more than nine passengers that is
owned by a public, private or governmental agency or institution of learning and operated for the
transportation of children to or from a school session or a school function, or owned by a private
person and operated for compensation for the transportation of children to or from a school session
or a school function; provided "school bus" does not include a bus operated by a municipally
owned transportation system, a mass transit company operating exclusively within the territorial
limits of the Municipality, or within such limits and the territorial limits of municipal corporations
immediately contiguous to the Municipality, nor a common passenger carrier certified by the
Public Utilities Commission unless such bus is devoted exclusively to the transportation of children
to and from a school session or a school function, and "school bus" does not include a van or bus
used by a licensed child day-care center or type A family day-care home to transport children from
the child day-care center or type A family day-care home to a school if the van or bus does not
have more than fifteen children in the van or bus at any time. "Child day-care center" and "type
A family day-care home" have the same meanings as in Ohio R.C. 5104.01.
(ORC 4511.01(F), (FFF))
301.36 SEMITRAILER.
"Semitrailer" means every vehicle designed or used for carrying persons or property with
another and separate motor vehicle so that in operation a part of its own weight or that of its load,
or both, rests upon and is carried by another vehicle. (ORC 4511.01(N))
301.361 SHARED-USE PATH.
“Shared-use path” means a bikeway outside the traveled way and physically separate from
motorized vehicular traffic by an open space or barrier and either within the highway right-of-way
or within an independent alignment. A shared-use path also may be used by pedestrians, including
skaters, joggers, users of manual and motorized wheelchairs, and other authorized motorized and
non-motorized users. (ORC 4511.01(PPP))
301.37 SIDEWALK.
"Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a
roadway, and the adjacent property lines, intended for the use of pedestrians. (ORC 4511.01(FF))
301.38 STATE ROUTE.
"State route" means every highway that is designated with an official State route number
and so marked. (ORC 4511.01(JJ))
2015 Replacement
11
Definitions
301.47
301.39 STOP (WHEN REQUIRED).
"Stop" when required means a complete cessation of movement.
301.40 STOPPING OR STANDING.
(a)
"Stop or stopping" when prohibited means any halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic
or in compliance with the directions of a police officer or traffic control device.
(b)
"Stand or standing" means the halting of a vehicle, whether occupied or not,
otherwise then temporarily for the purpose of and while actually engaged in receiving or
discharging passengers.
301.41 STOP INTERSECTION.
"Stop intersection" means any intersection at one or more entrances of which stop signs
are erected. (ORC 4511.01(BBB))
301.42 STREET OR HIGHWAY; ARTERIAL STREET.
(a)
"Street" or "highway" are synonymous and mean the entire width between the
boundary lines of every way open to the use of the public as a thoroughfare for purposes of
vehicular travel. (ORC 4511.01(BB))
(b)
"Arterial street" means any United States or State numbered route, controlled
access highway or other major radial or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a major arterial system of streets or
highways. (ORC 4511.01(CCC))
301.43 THROUGH STREET OR HIGHWAY.
"Through street or highway" means every street or highway as provided in Section 313.02.
(ORC 4511.01(HH))
301.44 THRUWAY.
"Thruway" means a through street or highway whose entire roadway is reserved for
through traffic and on which roadway parking is prohibited.
(ORC 4511.01(AAA))
301.45 TRAFFIC.
"Traffic" means pedestrians, ridden or herded animals, vehicles and other devices, either
singly or together, while using for purposes of travel any street or highway or private road open
to public travel. (ORC 4511.01(TT))
301.46 TRAFFIC CONTROL DEVICE.
“Traffic control device” means a flagger, sign, signal, marking, or other device used to
regulate, warn or guide traffic, placed on, over, or adjacent to a street, highway, private road open
to public travel, pedestrian facility, or shared-use path by authority of a public agency or official
having jurisdiction, or, in the case of a private road open to public travel, by authority of the
private owner or private official having jurisdiction.
(ORC 4511.01(QQ))
301.47 TRAFFIC CONTROL SIGNAL.
"Traffic control signal" means any highway traffic signal by which traffic is alternately
directed to stop and permitted to proceed.
(ORC 4511.01(RR))
2015 Replacement
301.48
TRAFFIC CODE
12
301.48 TRAILER.
"Trailer" means every vehicle designed or used for carrying persons or property wholly
on its own structure and for being drawn by a motor vehicle, including any such vehicle when
formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as
that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or
agricultural production materials between a local place of storage or supply and the farm when
drawn or towed on a street or highway at a speed greater than twenty-five miles per hour and a
vehicle designed and used exclusively to transport a boat between a place of storage and a marina,
or in and around a marina, when drawn or towed on a street or highway for a distance of more
than ten miles or at a speed of more than twenty-five miles per hour.
(ORC 4511.01(M))
301.49 TRUCK.
"Truck" means every motor vehicle, except trailers and semitrailers, designed and used
to carry property. (ORC 4511.01(K))
301.50 URBAN DISTRICT.
"Urban district" means the territory contiguous to and including any street or highway
which is built up with structures devoted to business, industry or dwelling houses situated at
intervals of less than 100 feet for distance of a quarter of a mile or more, and the character of such
territory is indicated by official traffic control devices. (ORC 4511.01(PP))
301.51 VEHICLE.
"Vehicle" means every device, including a motorized bicycle, in, upon or by which any
person or property may be transported or drawn upon a street or highway, except that “vehicle”
does not include any motorized wheelchair, electric personal assistive mobility device, or any
device, other than a bicycle, that is moved by human power. (ORC 4511.01(A))
301.52 WHEELCHAIR, MOTORIZED.
"Motorized wheelchair" means any self-propelled vehicle designed for, and used by, a
handicapped person and that is incapable of a speed in excess of eight miles per hour.
(ORC 4511.01(EEE))
2015 Replacement
13
CHAPTER 303
Enforcement, Impounding and Penalty
303.01 Compliance with lawful order
of police officer; fleeing.
303.02 Traffic direction in
emergencies; obedience to
school guard.
303.03 Officer may remove ignition
key.
303.04 Road workers, motor vehicles
and equipment excepted.
303.041 Emergency, public safety and
coroner’s vehicles exempt.
303.05 Application to persons riding,
driving animals upon roadway.
303.06 Freeway use prohibited by
pedestrians, bicycles and
animals.
303.07 Application to drivers of
government vehicles.
303.08 Falsification of identity
prohibited.
303.99 General Traffic Code
penalties.
CROSS REFERENCES
See sectional histories for similar State law
Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.62
et seq.
Citations for minor misdemeanors - see Ohio R.C. 2935.26 et seq.
Power of trial court of record to suspend or revoke license for
certain violations - see Ohio R.C. 4507.16, 4507.34
State point system suspension - see Ohio R.C. 4507.40
Uniform application of Ohio Traffic Law - see Ohio R.C. 4511.06
Marking motor vehicles used by traffic officers - see Ohio R.C. 4549.13
Distinctive uniform required for traffic officers - see Ohio R.C. 4549.15
Exceptions for emergency or public safety vehicles - see TRAF.
331.20, 333.06
303.01 COMPLIANCE WITH LAWFUL ORDER OF POLICE OFFICER;
FLEEING.
(a)
No person shall fail to comply with any lawful order or direction of any police
officer invested with authority to direct, control or regulate traffic.
(b)
No person shall operate a motor vehicle so as willfully to elude or flee a police
officer after receiving a visible or audible signal from a police officer to bring the person’s motor
vehicle to a stop.
(EDITOR'S NOTE: Refer to Ohio R.C. 2921.331 for filing charges under subsection (b)
hereof since the jury or judge as trier of fact may determine the violation to be a felony.)
2015 Replacement
303.02
TRAFFIC CODE
14
(c)
Whoever violates this section is guilty of failure to comply with an order or signal
of a police officer. A violation of subsection (a) is a misdemeanor of the first degree. Except as
hereinafter provided, a violation of subsection (b) is a misdemeanor of the first degree. A
violation of subsection (b) is a felony if the jury or judge as trier of fact finds any one of the
following by proof beyond a reasonable doubt:
(1)
In committing the offense, the offender was fleeing immediately after the
commission of a felony;
(2)
The operation of the motor vehicle by the offender was a proximate cause
of serious physical harm to persons or property;
(3)
The operation of the motor vehicle by the offender caused a substantial risk
of serious physical harm to persons or property.
(d)
In addition to any other sanction imposed for a violation of subsection (a) of this
section or a misdemeanor violation of subsection (b) of this section, the court shall impose a class
five suspension from the range specified in Ohio R.C. 4510.02(A)(5). If the offender previously
has been found guilty of an offense under this section, in addition to any other sanction imposed
for the offense, the court shall impose a class one suspension as described in division (A)(1) of that
section. The court may grant limited driving privileges to the offender on a suspension imposed
for a misdemeanor violation of this section as set forth in Ohio R.C. 4510.021. No judge shall
suspend the first three years of suspension under a class two suspension of an offender’s license,
permit or privilege required by this division on any portion of the suspension under a class one
suspension of an offender’s license, permit, or privilege required by this subsection.
(ORC 2921.331)
303.02 TRAFFIC DIRECTION IN EMERGENCIES; OBEDIENCE TO SCHOOL
GUARD.
(a)
Police officers shall direct or regulate traffic in accordance with the provisions of
this Traffic Code, provided that, in the event of fire or other emergency or to expedite traffic or
safeguard pedestrians, they are authorized to direct traffic as conditions may require
notwithstanding the provisions of this Traffic Code. Firemen, when at the scene of a fire, may
direct or assist the police in directing traffic thereat or in the immediate vicinity. The direction
of traffic may be by word or audible signal, by gesture or visible signal or by any combination
thereof. No person shall fail to comply with any lawful order or direction of any police officer
or fireman issued pursuant to this section.
(b)
No person shall fail to comply with any lawful order or direction of any school
crossing guard invested with authority to direct, control or regulate traffic in the vicinity of the
school to which such guard may be assigned.
(c)
Whoever violates this section is guilty of a minor misdemeanor on a first offense;
on a second offense within one year after the first offense, the person is guilty of a misdemeanor
of the fourth degree; on each subsequent offense within one year after the first offense, the person
is guilty of a misdemeanor of the third degree.
303.03 OFFICER MAY REMOVE IGNITION KEY.
A law enforcement officer may remove the ignition key left in the ignition switch of an
unlocked and unattended motor vehicle parked on a street or highway, or any public or private
property used by the public for purposes of vehicular travel or parking. The officer removing
such key shall place notification upon the vehicle detailing his name and badge number, the place
where such key may be reclaimed and the procedure for reclaiming such key. The key shall be
returned to the owner of the motor vehicle upon presentation of proof of ownership.
(ORC 4549.05)
2015 Replacement
15
Enforcement, Impounding and Penalty
303.041
303.04 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.
(a)
The provisions of this Traffic Code do not apply to persons, teams, motor vehicles,
and other equipment while actually engaged in work upon the surface of a highway within an area
designated by traffic control devices, but apply to such persons and vehicles when traveling to or
from such work.
(b)
The driver of a highway maintenance vehicle owned by this state or any political
subdivision of this state, while the driver is engaged in the performance of official duties upon a
street or highway, provided the highway maintenance vehicle is equipped with flashing lights and
such other markings as are required by law, and such lights are in operation when the driver and
vehicle are so engaged, shall be exempt from criminal prosecution for violations of Sections
331.01 to 331.04, 331.06 to 331.08, 331.31, 333.04, 337.01 and Ohio R.C. 4511.66 and 5577.01
to 5577.09.
(c)
(1)
(2)
This section does not exempt a driver of as highway maintenance vehicle
from civil liability arising from a violation of Sections 331.01 to 331.04,
331.06 to 331.08, 331.31, 333.04, 337.01 or Ohio R.C. 4511.66 or
5577.01 to 5577.09.
This section does not exempt the driver of a vehicle that is engaged in the
transport of highway maintenance equipment from criminal liability for a
violation of Ohio R.C. 5577.01 to 5577.09.
303.041 EMERGENCY, PUBLIC SAFETY AND CORONER’S VEHICLES
EXEMPT.
(a)
Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.202, 4511.21,
4511.211, 4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,
4511.32, 4511.33, 4511.34, 4511.35, 4511.36, 4511.37, 4511.38, 4511.39, 4511.40, 4511.41,
4511.42, 4511.43, 4511.431, 4511.432, 4511.44, 4511.441, 4511.57, 4511.58, 4511.59,
4511.60, 4511.61, 4511.62, 4511.66, 4511.68, 4511.681 and 4511.69 and all sections of this
Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed
above, do not apply to the driver of an emergency vehicle or public safety vehicle if the
emergency vehicle or public safety vehicle is responding to an emergency call, is equipped with
and displaying at least one flashing, rotating or oscillating light visible under normal atmospheric
conditions from a distance of 500 feet to the front of the vehicle and if the driver of the vehicle
is giving an audible signal by siren, exhaust whistle or bell. This section does not relieve the
driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for
the safety of all persons and property upon the highway. (ORC 4511.041)
2015 Replacement
303.05
TRAFFIC CODE
16
(b)
Ohio R.C. 4511.25, 4511.26, 4511.27, 4511.28, 4511.29, 4511.30, 4511.31,
4511.32, 4511.33, 4511.35, 4511.36, 4511.37, 4511.38 and 4511.66, and all sections of this
Traffic Code or other municipal ordinances that are substantially equivalent to the sections listed
above, do not apply to a coroner, deputy coroner, or coroner’s investigator operating a motor
vehicle in accordance with Ohio R.C. 4513.171. This section does not relieve a coroner, deputy
coroner, or coroner’s investigator operating a motor vehicle from the duty to drive with due regard
for the safety of all persons and property upon the highway. (ORC 4511.042)
303.05 APPLICATION TO PERSONS RIDING, DRIVING ANIMALS UPON
ROADWAY.
Every person riding, driving or leading an animal upon a roadway shall be subject to the
provisions of this Traffic Code applicable to the driver of a vehicle, except those provisions of
such sections which by their nature are inapplicable. (ORC 4511.05)
303.06 FREEWAY USE PROHIBITED BY PEDESTRIANS, BICYCLES AND
ANIMALS.
(a)
No person, unless otherwise directed by a police officer, shall:
(1)
As a pedestrian, occupy any space within the limits of the right-of-way of
a freeway, except: in a rest area; on a facility that is separated from the
roadway and shoulders of the freeway and is designed and appropriately
marked for pedestrian use; in the performance of public works or official
duties; as a result of an emergency caused by an accident or breakdown
of a motor vehicle; or to obtain assistance;
(2)
Occupy any space within the limits of the right of way of a freeway, with:
an animal-drawn vehicle; a ridden or led animal; herded animals; a
pushcart; a bicycle, except on a facility that is separated from the roadway
and shoulders of the freeway and is designed and appropriately marked for
bicycle use; a bicycle with motor attached; a motor driven cycle with a
motor which produces not to exceed five brake horsepower; an
agricultural tractor; farm machinery; except in the performance of public
works or official duties.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.051)
303.07 APPLICATION TO DRIVERS OF GOVERNMENT VEHICLES.
The provisions of this Traffic Code applicable to the drivers of vehicles shall apply to the
drivers of all vehicles owned or operated by the United States, any state or any political
subdivision thereof, including this Municipality, except as may be otherwise provided by law and
subject to such specific exceptions as are set forth with reference to authorized emergency and
public safety vehicles.
2015 Replacement
17
Enforcement, Impounding and Penalty
303.08
303.08 FALSIFICATION OF IDENTITY PROHIBITED.
(a)
No person, knowingly and with the purpose to avoid or to hinder the citation,
arrest, discovery, apprehension, prosecution, conviction or punishment of such person for a
violation of any provision of this Traffic Code shall present, display, exhibit or orally
communicate a false, inaccurate or incomplete name, social security number, or date of birth to
any law enforcement officer who is in the process of issuing to the person a citation, ticket or
complaint for a violation of any provision of the Traffic Code.
(b)
Whoever violates this section is guilty of a misdemeanor of the second degree.
(Ord. 91-61. Passed 7-1-91.)
303.99 GENERAL TRAFFIC CODE PENALTIES.
(a)
General Misdemeanor Classifications. Whoever violates any provision of this
Traffic Code for which violation no penalty is otherwise provided, is guilty of a minor
misdemeanor.
(ORC 4513.99)
(b)
Penalties. Whoever is convicted of or pleads guilty to a violation of this Traffic
Code shall be imprisoned for a definite term or fined, or both, which term of imprisonment and
fine shall be fixed by the court as provided in this section.
Classification of
Misdemeanor
First degree
Second degree
Third degree
Fourth degree
Minor
(ORC 2929.24; 2929.28)
Maximum Term
of Imprisonment
180 days
90 days
60 days
30 days
No imprisonment
Maximum
Fine
$1,000.00
750.00
500.00
250.00
150.00
2015 Replacement
2015 Replacement
19
CHAPTER 305
Traffic Control
305.01 Division of Traffic
Engineering and Safety created.
305.02 Authority and considerations
for placement of devices.
305.03 Conformity with State Manual.
305.04 Powers of Public Safety
Director.
305.05 Posting of signs and signals
required.
305.06 Director's powers not
limited.
305.07 Records of Director.
305.08 Reservation of power to
Council.
305.09 Violations subject to
misdemeanor classification.
CROSS REFERENCES
Power to designate highway as included in a freeway, expressway or thruway see Ohio R.C. 4511.011
Power to enact local traffic regulations - see Ohio R.C. 4511.07, 4511.61
Local traffic control devices - see Ohio R.C. 4511.11
Alteration of prima-facie speed limits - see Ohio R.C. 4511.21,
4511.22(A), 4511.23
Designation of through streets and erection of stop or yield
signs - see Ohio R.C. 4511.65; TRAF. 313.02
305.01 DIVISION OF TRAFFIC ENGINEERING AND SAFETY CREATED.
Pursuant to Ohio R.C. 737.021 and 737.022, a Division of Traffic Engineering and Safety
is hereby created, and the Director of Public Safety shall be the executive head of such Division.
305.02 AUTHORITY AND CONSIDERATIONS FOR PLACEMENT OF
DEVICES.
The Director of Public Safety is hereby authorized to place and maintain traffic control
devices upon any street or highway under his jurisdiction as are necessary to effectuate the
provisions of this Traffic Code, or to regulate, warn or guide traffic, and such other traffic control
devices as he shall deem necessary for the proper control of traffic. The Director of Public Safety
shall determine the location, timing and coordination of such traffic control devices upon the basis
of an applicable engineering or traffic investigation and shall consider the following:
(a)
The maximum safety and protection of vehicular and pedestrian traffic from
physical injury or property damage.
(b)
The existing and potential traffic movement, volume and conditions.
2015 Replacement
305.03
TRAFFIC CODE
(c)
(d)
(e)
(f)
(g)
20
The location and frequency of accidents, including studies of remedial measures.
The recommendations of the Police and Fire Chiefs.
The acceleration of transportation of persons and property by vehicles so as to
expedite travel and promote public safety.
The convenience and welfare of the general public in parking, standing, loading
and unloading, and the use of the streets as affecting business concerns and places
of assembly.
Economy in the expenditure of money.
305.03 CONFORMITY WITH STATE MANUAL.
All traffic control devices placed pursuant to the provisions of this Traffic Code shall
conform to the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways, as set
forth in Ohio R.C. 4511.09.
305.04 POWERS OF PUBLIC SAFETY DIRECTOR.
The Director of Public Safety is hereby empowered to:
(a)
Designate any street or highway as a through street or highway and require that all
vehicles stop or yield the right of way as may be required before entering the same;
or in residence districts designate certain streets or highways or portions thereof not
to be through streets or highways despite the erection of stop signs or other official
traffic control devices at intersecting streets.
(b)
Designate any intersection as a stop intersection and require all vehicles to stop at
one or more entrances to such intersection.
(c)
Designate any intersection as a yield intersection and require all vehicles to yield
the right of way as required.
(d)
Designate any street as a one-way street and require that all vehicles thereon be
moved in one specific direction.
(e)
Designate and mark lanes to be used by traffic moving in a particular direction
regardless of the center line of the roadway.
(f)
Erect signs directing slow-moving traffic to use a designated lane or allocating
specified lanes to traffic moving in the same direction.
(g)
Designate those portions of any street, where overtaking and passing other traffic
or driving to the left of the center or center line of the roadway would be especially
hazardous, by appropriate signs or markings on the street to indicate the beginning
and end of such zones. Such zones may be marked by an auxiliary yellow line
placed parallel and to the right of the normal center line or offset marked lane line.
(h)
Place markers, buttons or signs within or adjacent to intersections and require that
a specific course of direction be traveled by vehicles proceeding in lanes by either
permitting, prohibiting or requiring turns at such intersections.
(i)
Install traffic control devices, signals and signs at any location to regulate traffic.
(j)
Establish safety zones, crosswalks, zones of quiet and play streets.
(k)
Close any street or portion thereof to vehicular traffic which is in the process of
construction, reconstruction or repair.
2015 Replacement
21
Traffic Control
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
305.09
Determine the location of any necessary bus stops and taxicab stands.
Determine the location and limiting hours of truck loading zones.
Designate dangerous railroad crossings and erect stop signs thereat.
Erect "No U Turn" signs at any location to prohibit a vehicle from being turned so
as to proceed in the opposite direction.
Regulate or prohibit the stopping, standing and parking of vehicles on streets,
alleys or public property by erecting signs plainly indicating the prohibitions,
restrictions or limitations.
Designate individual parking spaces by markings, which may either be parallel or
at a prescribed angle to the curb or edge of the roadway.
Designate truck routes and streets or parts thereof where either a weight limit
restriction or truck exclusion has been imposed by rule or regulation provided such
is not in conflict with any legislation.
Erect signs to prohibit a right or left turn against a steady red signal at any
intersection.
305.05 POSTING OF SIGNS AND SIGNALS REQUIRED.
No provision of this chapter shall be effective until signs, signals, markings or other
devices giving notice of such local traffic regulations are posted upon or at the entrance to the
street or part thereof affected, as may be most appropriate, so that in a proper position they are
sufficiently legible to be seen by an ordinarily observant person.
305.06 DIRECTOR'S POWERS NOT LIMITED.
The powers of the Director of Public Safety shall not be limited by the specific enumeration
of subjects contained in this chapter.
305.07 RECORDS OF DIRECTOR.
The Director of Public Safety shall keep a record of all rules, regulations and proceedings
promulgated in connection with this chapter.
305.08 RESERVATION OF POWER TO COUNCIL.
Notwithstanding the provisions of this chapter, Council may override any decision of the
Director of Public Safety and may assume any of the powers delegated to the Director, by
legislation adopted by a vote of a majority of the members duly elected thereto. Upon the
adoption of any such legislation, the same may be changed only by amending or repealing
legislation adopted by Council.
305.09 VIOLATIONS SUBJECT TO MISDEMEANOR CLASSIFICATION.
Except as otherwise provided, any person violating the rules and regulations promulgated
in connection with this chapter is guilty of a misdemeanor which shall be classified as provided
in Section 303.99.
2015 Replacement
2015 Replacement
23
CHAPTER 307
Impounding Vehicles
307.01
307.02
307.03
307.04
307.05
307.06
307.07
Authority to impound vehicles.
Redemption and disposal.
Garages used; conditions.
Removal of garage from list.
Fees.
Impounding records to be kept.
Repossession of motor
vehicles; reporting.
307.08 Unclaimed motor vehicles;
reporting.
307.09 Abandoned junk motor vehicle.
307.10 Leaving junk and other vehicles
on private or public property
without permission or
notification.
307.11 Parking on private property
without consent.
307.12 Storage of impounded vehicles;
charges.
307.99 Penalty.
CROSS REFERENCES
Disposition of unclaimed vehicles - see Ohio R.C. 737.32, 4513.62
et seq.
Junk vehicles - see Ohio R.C. 4513.64 et seq.
307.01 AUTHORITY TO IMPOUND VEHICLES.
(a)
The Chief of Police or his designate police officer is authorized to provide for the
removal and impounding of a motor vehicle under the following circumstances:
(1)
When any vehicle is left unattended upon any street, bridge or causeway
and is so illegally parked as to constitute a hazard or obstruction to the
normal movement of traffic, or parked in a fire lane, or so as to
unreasonably interfere with street cleaning or snow removal operations.
(Ord. 73-72. Passed 10-1-73.)
2015 Replacement
307.01
TRAFFIC CODE
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
2015 Replacement
24
When any vehicle or any component part thereof has been stolen, or from
which the manufacturer’s serial number, motor number, identification
number or any other distinguishing mark or number has been removed,
defaced, covered, altered or destroyed, or which has been operated without
the consent of the owner. For the purpose of determining whether any
motor vehicle or any component part thereof has been stolen, or from
which the manufacturer’s serial number, motor number, identification
number or other distinguishing mark or number has been removed, defaced,
covered, altered or destroyed, any member of the Police Department may,
as to any motor vehicle within the City required to be licensed under the
laws of any State, the District of Columbia, the Commonwealth of Puerto
Rico or any Province of Canada, inspect the certificate of title or
registration of the vehicle or the manufacturer’s serial number, motor
number, identification number or other distinguishing mark or number in
order to establish the lawful ownership or possession of the vehicle or of
any component part thereof.
(Ord. 82-22. Passed 6-21-82.)
When any vehicle displays illegal license plates or fails to display the
current lawfully required license plates.
(Ord. 73-72. Passed 10-1-73.)
When any vehicle has been used in or connected with the commission of a
criminal offense or a violation of Section 541.03 of the Codified
Ordinances.
(Ord. 88-13. Passed 5-16-88.)
When any vehicle has been damaged or wrecked so as to be inoperable or
violates equipment provisions of this Traffic Code whereby its continued
operation would constitute a condition hazardous to life, limb or property.
When any vehicle is left unattended due to the removal of an ill, injured or
arrested operator.
When any vehicle has been operated by any person who fails to stop in case
of an accident or collision.
When any vehicle has been operated by any person who is driving without
a lawful license or registration or while his license has been suspended or
revoked.
When any vehicle is found for which two or more citation tags for
violations of this Traffic Code have been issued and the owner or operator
thereof fails to respond to such citation tags as lawfully required.
When any vehicle, other than an abandoned junk motor vehicle as defined
in Section 307.09, which has been left on a public street or other property
open to the public for purposes of vehicular travel, or upon or within the
right of way of any road or highway, for forty-eight hours or longer
without notification to the Chief of Police of the reasons for leaving the
motor vehicle in such place.
(ORC 4513.61)
When, upon complaint of a person adversely affected, any vehicle other
than an abandoned junk motor vehicle has been left on private property in
violation of Section 307.11.
25
Impounding Vehicles
307.02
(b)
The private property owner shall pay the towing fee for the removal of such
vehicle. The towing fee shall be established by the Director of Public Service and Development
and shall be reimbursed to the private property owner if and when the owner of the vehicle
reclaims his motor vehicle.
(Ord. 73-72. Passed 10-1-73.)
307.02 REDEMPTION AND DISPOSAL.
(a)
In the case of an impounding under Section 307.01(a)(10), the Chief of Police shall,
within a reasonable time, cause a search to be made of the records of the Bureau of Motor
Vehicles to ascertain the owner and any lienholder of a motor vehicle ordered into storage by the
Chief of Police, and, if known, shall send notice to the owner or lienholder at his last known
address by certified mail with return receipt requested, that the motor vehicle shall be declared a
nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The
owner or lienholder of the motor vehicle may reclaim it upon payment of any expenses or charges
incurred in its removal and storage, and presentation of proof of ownership, which may be
evidenced by a certificate of title to the motor vehicle.
If the owner or lienholder makes no claim to the motor vehicle within ten days of the date
of mailing of the notice, the Chief of Police shall file with the Clerk of Courts of the County in
which the place of storage is located an affidavit showing compliance with the requirements of this
section upon presentation of the affidavit, the Clerk of Courts shall without charge issue a
certificate of title free and clear of all liens and encumbrances, to the Chief of Police upon receipt
of the certificate of title, the Chief of Police shall dispose of the motor vehicle in such manner as
provided in Section 307.02(d).
(ORC 4513.61)
(b)
In case of an impounding under Section 307.01(a)(11), the owner of the motor
vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and
storage, and presentation of proof of ownership, which may be evidenced by a certificate of title
to the motor vehicle. If the motor vehicle remains unclaimed by the owner for thirty days, the
procedures established by Ohio R.C. 4513.61 and 4513.62 and Section 307.02(c) hereof shall
apply. (ORC 4513.60)
(c)
Except as provided above, the Police Department shall within a reasonable period
of time notify the registered vehicle owner of the fact of such removal and impounding, reasons
therefor and the place of storage. Any person desiring to redeem an impounded vehicle shall
appear at the Police Department to furnish satisfactory evidence of identity and ownership or right
to possession, which may be evidenced by a certificate of title to the motor vehicle. Prior to
issuance of a release form, the claimant, owner or operator shall either pay the amount due for any
fines or violations on account of which such vehicle was impounded or, as the court may require,
post a bond in an amount set by the court, to appear to answer to such violations. The pound
operator shall release such vehicle upon notification of the Police Department and payment of all
towage and storage charges. In the event an impounded vehicle has been used in or connected
with the commission of a criminal offense, and is needed as evidence, or is the subject matter of
such offense, or is forfeited because of the offense, determination of the release of such vehicle
shall be suspended until a full adjudication of the merits of the offense has taken place.
2015 Replacement
307.03
TRAFFIC CODE
26
(d)
Any vehicle impounded and not reclaimed under procedures outlined in Section
307.02(a), (b) and (c) shall be disposed of at the order of the Chief of Police of the municipal
corporation to a junk yard or scrap metal processing facility as defined in Ohio R.C. 4737.05, or
to any other facility owned by or under contract with the municipal corporation for the disposal
of such motor vehicles, or shall be sold by the Chief of Police, or licensed auctioneer at public
auction, after giving notice thereof by advertisement, published once a week for two successive
weeks in a newspaper of general circulation in the County. Any moneys accruing from the
disposition of an unclaimed motor vehicle that are in excess of the expenses resulting from the
removal and storage of the vehicle shall be credited to the General Fund of the County or the
municipal corporation, as the case may be. (ORC 4513.62)
(e)
Any expenses accrued by the junk yard, scrap metal processing facility or other
facility owned by or under contract with the City, in the form of towing or storage expenses shall
be subject to and dependant upon recovery of sums resulting from auction proceeds of such vehicle
or proceeds resulting from subsequent disposition. The City shall not be liable to the disposing
agency for unrecovered towing or storage expenses, unless recovery in the aforementioned manner
is made.
(Ord. 73-72. Passed 10-1-73.)
307.03 GARAGES USED; CONDITIONS.
Any garage, upon written application to the Police Chief, may become a member of such
list of designated garages upon complying with the following conditions:
(a)
The garage, in the opinion of the Police Chief, has the proper equipment for towing
and sufficient and proper facilities for impounding vehicles under Section 307.01.
(b)
The garage owner shall carry an insurance policy or policies which meet the
approval of the Director of Law and which name the City as co-insured, as follows:
(1)
Fire and theft insurance in the amount of fifty thousand dollars ($50,000).
(2)
Public liability insurance in the amount of one hundred thousand dollars
($100,000) for injury to one person, three hundred thousand dollars
($300,000) for injury to two or more persons and twenty-five thousand
dollars ($25,000) for property damage.
(c)
The garage shall make reports in writing to the Chief of Police of all vehicles
impounded and unclaimed as of the first day of each month.
(d)
Provide a reasonable towing charge and storage schedule. The garage shall
establish a schedule bimonthly, and present copies of that schedule to the Chief of
Police of current rates for towing charges and storage charges, the reasonableness
of such schedules to be determined by the Chief of Police according to the
prevailing rates in the trade at the time.
(e)
Whenever a vehicle is required to be towed and/or impounded, the Chief of Police
or his designate shall, in consideration of all circumstances, have full discretion in
selecting the facility to be used for towing and/or storage.
(Ord. 73-72. Passed 10-1-73.)
2015 Replacement
27
Impounding Vehicles
307.09
307.04 REMOVAL OF GARAGE FROM LIST.
Any garage owner who is found guilty by the Court of any violation of any provision in
this chapter shall be removed from such list by the Police Chief and shall not be eligible for
reinstatement to the list for a period of six months.
(Ord. 73-72. Passed 10-1-73.)
307.05 FEES.
The list of fees referred to in Section 307.03(d) hereof shall include rates for the removal
of vehicles from the streets in the daytime (i.e., one hour before sunset) and nighttime (i.e., one
hour after sunset), and a daily (i.e., twenty-four hours) rate for storage.
(Ord. 73-72. Passed 10-1-73.)
307.06 IMPOUNDING RECORDS TO BE KEPT.
It shall be the duty of the police officer or the person in charge of records, to keep the
names of all owners of vehicles impounded, the number of their license tags and the nature and
circumstances of each violation, as well as the disposition of each case.
(Ord. 73-72. Passed 10-1-73.)
307.07 REPOSSESSIONS OF MOTOR VEHICLES; REPORTING.
No person engaged in the busienss of making loans, purchasing notes secured by
mortgages, conditional sales agreements or any other liens upon motor vehicles, or engaged in any
business involving the repossession of motor vehicles, shall fail to notify the Police Department
of any repossession of a motor vehicle and to give any additional information as may be required
within one hour after taking possession of any motor vehicle when the same is taken without the
owner’s consent or knowledge.
(Ord. 73-72. Passed 10-1-73.)
307.08 UNCLAIMED MOTOR VEHICLES; REPORTING.
No person engaged in the business of operating a garage or parking space or lot, or renting
space for the parking or storing of four or more vehicles, or engaged in the business of repairing
motor vehicles, parts and accessories, shall fail to report to the Police Department when any motor
vehicle has remained in his or its possession unclaimed for a period of more than thirty days,
except where the same has been parked or placed in storage by order of the Police Department.
However, nothing herein shall apply where arrangements have been made for continuous storage
or parking and where the owner of the motor vehicle so parked or stored is personally known to
the owner or operator of the garage, parking lot or space, so that the name and address of the
owner can be furnished upon the request of any member of the Police Department.
(Ord. 73-72. Passed 10-1-73.)
307.09 ABANDONED JUNK MOTOR VEHICLE.
(a)
“Abandoned junk motor vehicle” means any motor vehicle meeting all of the
following requirements:
(1)
Left on private property for more than seventy-two hours without the
permission of the person having the right to the possession of the property,
on a public street or other property open to the public for purposes of
vehicular travel or parking, or upon or within the right of way of any road
or highway, for forty-eight hours or longer;
2015 Replacement
307.10
TRAFFIC CODE
(2)
(3)
(4)
(5)
28
Three years old or older;
Extensively damaged, such damage including but not limited to, any of the
following: a broken window or windshield, missing wheels, tires, motor
or transmission;
Apparently inoperable; (Ord. 92-8. Passed 4-6-92.)
Having a fair market value of one thousand five hundred dollars
($1,500.00) or less.
(Ord. 00-83. Passed 12-18-00.)
(b)
The Chief of Police, within his respective territorial jurisdiction upon notification
of such action, shall order any abandoned junk motor vehicle to be photographed by a law
enforcement officer in the place where abandoned. The officer shall record the make of the motor
vehicle, the serial number when available and shall also detail the damage or missing equipment
to substantiate the value of fifteen hundred dollars ($1,500.00) or less. The Chief of Police shall
thereupon immediately dispose of the abandoned junk motor vehicle to a junk yard or scrap metal
processing facility as defined in previous sections, or to any other facility owned by or under
contract with the County or City for the disposal of such motor vehicles. The records and
photographs relating to the abandoned junk motor vehicle shall be retained by the law enforcement
agency ordering the disposition of such vehicle for a period of at least two years. The law
enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the Registrar of
Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that
all requirements of this section have been complied with, and shall sign and file the same with the
Clerk of Courts of the County in which the motor vehicle was abandoned. The Clerk of Courts
shall retain the original of the affidavit for his files, shall furnish one copy thereof to the Registrar,
one copy to the junk yard or other facility handling the disposal of the vehicle and one copy to the
law enforcement agency ordering the disposal, who shall file such copy with the records and
photographs relating to the disposal. Any moneys arising from the disposal of an abandoned junk
motor vehicle shall be deposited in the General Fund of the County or the City, as the case may
be.
307.10 LEAVING JUNK AND OTHER VEHICLES ON PRIVATE OR PUBLIC
PROPERTY WITHOUT PERMISSION OR NOTIFICATION.
No person shall willfully leave an “abandoned junk motor vehicle” as defined in Ohio R.C.
4513.63 on private property for more than seventy-two consecutive hours without the permission
of the person having the right to the possession of the property or on a public street or other
property open to the public for purposes of vehicular travel or parking, or upon or within the right
of way of any road or highway, for forty-eight consecutive hours or longer, without notification
to the Police Chief of the reasons for leaving the vehicle in such place.
For purposes of this section, the fact that a vehicle has been so left without permission or
notification is prima-facie evidence of abandonment. Nothing contained in this section shall
invalidate the provisions of other ordinances regulating or prohibiting the abandonment of motor
vehicles on streets, highways, public property or private property within the City.
(ORC 4513.64)
2015 Replacement
29
Impounding Vehicles
307.99
307.11 PARKING ON PRIVATE PROPERTY WITHOUT CONSENT.
No person shall, without lawful authority, park any vehicle upon private property, or
permit a vehicle to remain upon a private parking lot longer than the time permitted by the owner
of such private parking lot, or his lawful agent, when the time is indicated by clearly visible signs,
except by permission of the owner of such parking lot or his lawful agent.
(Ord. 74-36. Passed 5-6-74.)
307.12 STORAGE OF IMPOUNDED VEHICLES; CHARGES.
(a)
The facilities at 20777 Lorain Road are hereby authorized for the storage of vehicles
that are in the temporary custody of the Police Department.
(b)
The storage charge for each vehicle for the use of such facility is hereby established
at ten dollars ($10.00) per day. The monies received from the storage of vehicles is to be placed
into the POPAS Fund. (Ord. 99-17. Passed 3-1-99.)
307.99 PENALTY.
(EDITOR’S NOTE: See Section 303.99 for general Traffic Code penalty and penalties
applicable to misdemeanor classifications.)
(a)
Junk Motor Vehicles. Whoever violates Section 307.10 is guilty of a minor
misdemeanor, and shall also be assessed any costs incurred by the City in disposing
of such junk motor vehicle, less any money accruing to the City from such
disposal.
(ORC 4513.99(D); Ord. 78-6. Passed 3-20-78.)
2015 Replacement
2015 Replacement
31
TITLE THREE - Streets and Traffic Control Devices
Chap. 311. Street Obstructions and Special Uses.
Chap. 313. Traffic Control Devices.
CHAPTER 311
Street Obstructions and Special Uses
311.01 Placing injurious material
or obstruction in street.
311.02 Parades and special events;
permit and fee.
311.03 Zones of quiet.
311.04 Games on streets.
311.05 Toy vehicles on streets.
CROSS REFERENCES
See sectional history for similar State law
Power to regulate processions or assemblages - see Ohio R.C.
4511.07(C)
Dropping, sifting and leaking loads - see TRAF. 339.08
311.01 PLACING INJURIOUS MATERIAL OR OBSTRUCTION IN
STREET.
(a)
No person shall place or knowingly drop upon any part of a street, highway or alley
any tacks, bottles, wire, glass, nails or other articles which may damage or injure any person,
vehicle or animal traveling along or upon such street, except such substances that may be placed
upon the roadway by proper authority for the repair or construction thereof.
(b)
Any person who drops or permits to be dropped or thrown upon any street any
noxious, destructive or injurious material shall immediately remove the same.
(c)
Any person authorized to remove a wrecked or damaged vehicle from a street shall
remove any glass or other injurious substance dropped upon the street from such vehicle.
(d)
No person shall place any obstruction in or upon a street without proper authority.
(e)
No person, with intent to cause physical harm to a person or vehicle, shall place
or knowingly drop upon any part of a highway, lane, road, street or alley any tacks, bottles, wire,
glass, nails or other articles which may damage or injure any person, vehicle or animal traveling
along or upon such highway, except such substances that may be placed upon the roadway by
proper authority for the repair or construction thereof.
2015 Replacement
311.02
TRAFFIC CODE
(f)
(1)
(2)
32
Except as otherwise provided in this subsection, whoever violates any
provision of subsections (a) to (d) of this section is guilty of a minor
misdemeanor. If, within one year of the offense, the offender previously
has been convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates any provision of subsections (a) to (d) of
this section is guilty of a misdemeanor of the fourth degree. If, within one
year of the offense, the offender previously has been convicted of two or
more predicate motor vehicle or traffic offenses, whoever violates any
provision of subsections (a) to (d) of this section is guilty of a misdemeanor
of the third degree.
Whoever violates subsection (e) of this section is guilty of a misdemeanor
of the first degree. (ORC 4511.74)
311.02 PARADES AND SPECIAL EVENTS; PERMIT AND FEE.
(a)
"Fairview Park community group" means a group organized for a purpose other
than to generate income for profit and that maintains a business address within the City of
Fairview Park.
(b)
"Parade" means a group of five or more persons on foot, or three or more vehicles
or equestrians standing or moving upon any public highway or public ground, under common
control or direction. This definition shall not include any governmental officers or employees
acting in their capacity as such, or persons under their direction, any military organization, any
funeral procession or any person while engaging in his lawful employment in business or trade.
(c)
"Special event" means an activity sponsored by one or more Fairview Park
community groups in a public park or within the public right-of-way subject to the approval by
the Chief of Police.
(d)
No person shall take part in any parade or special event unless a permit for the
parade has been issued as herein provided.
(e)
officer.
No person shall drive a vehicle through a parade except with permission of a police
(f)
Except for parades or special events sponsored by the City including, but not
limited to, holiday parades, block parties, commemorations, social gatherings, tours and similar
events, no person or organization shall sponsor or conduct a parade or special event without first
obtaining a permit from the Chief of Police or his or her designee. The application for such a
permit shall be filed with the Chief of Police or designee not less than 45 days prior to the parade
or special event, and shall contain such information required by the Chief of Police.
(g)
If the Chief of Police or his or her designee finds that the proposed parade or
special event will result in disturbance of the peace, or violation of law, or unreasonable
interference with public travel, or unreasonable demand upon police, fire or service personnel,
including the cumulative cost and impact of permits granted previously during the year for other
parades or special events, or unreasonable interference with the right of quiet enjoyment by the
citizens in the use of their property, that food will be prepared or served in violation of any
applicable health codes, that alcohol will be served, or that the applicant or group, organization
or persons represented by the applicant, shall have previously violated the provisions of a similar
permit, or shall have violated any of the ordinances of the City, or laws of the State or of the
United States in connection with a previous parade or special event in or upon the streets, parks
or public grounds of the City or elsewhere, the permit shall not be issued, otherwise, the Chief
of Police or his or her designee shall issue a permit therefor.
2015 Replacement
33
Street Obstructions and Special Uses
311.04
(h)
The 45-day application period may be shortened by the Chief of Police or his or her
designee for good cause shown, upon the written request of the applicant, stating the reasons
therefor, and further, that the shortening of the permit application period would not be detrimental
to the peace, health, safety and welfare of the City.
(i)
Except where the event is organized or sponsored by the Fairview Park Board of
Education, the person or organization sponsoring or conducting a parade or special event shall be
responsible for providing adequate off-duty safety personnel as required and approved by the Chief
of Police or his or her designee.
(j)
The Chief of Police or his or her designee may promulgate written rules and
regulations for the administration of this section, a copy of which, if so promulgated, shall be
provided with any permit application requested. The Chief of Police or his or her designee may
delegate an officer or employee of the City to process permit applications. The Chief of Police
shall establish a list of City owned parks that may be held open to community groups for special
events.
(k)
No person shall knowingly give any false or misleading information in any permit
application for a parade or special event permit.
(l)
Each permit application, except those submitted by the Fairview Park Board of
Education, shall be accompanied by the application fee of three hundred dollars ($300.00) to
reimburse the City for its administrative costs, including set-up and inspections. The application
fee shall be refunded only if no permit is issued. After the parade or special event and all direct
and indirect costs have been calculated, the applicant will either be billed for or refunded the
difference.
(m)
Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
(Ord. 13-15. Passed 4-1-13.)
311.03 ZONES OF QUIET.
(a)
Whenever authorized signs are erected indicating a zone of quiet, no person
operating a vehicle within any such zone shall sound the horn or other warning device of such
vehicle except in an emergency. (Ord. 59-1. Passed 1-5-59.)
(b)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
311.04 GAMES ON STREETS.
(a)
No person shall fly a kite or play any game of ball, quoits or other game on any
street. (Ord. 59-1. Passed 1-5-59.)
(b)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
2015 Replacement
311.05
TRAFFIC CODE
34
311.05 TOY VEHICLES UPON ROADWAY.
(a)
No person riding upon any coaster, roller skates, sled, toy vehicle or other similar
device, shall go upon any roadway except while crossing a street on a crosswalk and when so
crossing such person shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians. (Ord. 59-1. Passed 1-5-59.)
(b)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
2015 Replacement
35
CHAPTER 313
Traffic Control Devices
313.01 Obedience to traffic control
devices.
313.02 Through streets; stop and
yield right-of-way signs.
313.03 Traffic signal indications.
313.04 Lane-use control signal
indications.
313.05 Special pedestrian control
signals.
313.06 Flashing traffic signals.
(Repealed)
313.07 Unauthorized signs and
signals, hiding from view,
advertising.
313.08 Alteration, injury, removal
of traffic control devices.
313.09 Driver's duties upon
approaching ambiguous or
non-working traffic signal.
313.10 Unlawful purchase,
possession or sale.
313.11 Portable signal preemption
devices prohibited.
CROSS REFERENCES
See sectional histories for similar State law
Designation of through streets or stop intersections - see
Ohio R.C. 4511.07(F), 4511.65
Uniform system of traffic control devices - see Ohio R.C. 4511.09,
4511.11(D)
Placing and maintaining local traffic control devices - see Ohio
R.C. 4511.10, 4511.11
Traffic control devices defined - TRAF. 301.46
313.01 OBEDIENCE TO TRAFFIC CONTROL DEVICES.
(a)
No pedestrian or driver of a vehicle shall disobey the instructions of any traffic
control device placed in accordance with the provisions of this Traffic Code, unless at the time
otherwise directed by a police officer.
No provisions of this Traffic Code for which signs are required shall be enforced against
an alleged violator if at the time and place of the alleged violation an official sign is not in proper
position and sufficiently legible to be seen by an ordinarily observant person. Whenever a
particular section of this Traffic Code does not state that signs are required, that section shall be
effective even though no signs are erected or in place.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.12)
2015 Replacement
313.02
TRAFFIC CODE
36
313.02 THROUGH STREETS; STOP AND YIELD RIGHT-OF-WAY SIGNS.
(a)
All State routes are hereby designated as through streets or highways, provided that
stop signs, yield signs or traffic control signals shall be erected at all intersections with such
through streets or highways, except as otherwise provided in this section. Where two or more
State routes that are through streets or highways intersect and no traffic control signal is in
operation, stop signs or yield signs shall be erected at one or more entrances thereto by the Ohio
Department of Transportation, except as otherwise provided in this section.
Whenever the Ohio Director of Transportation determines on the basis of an engineering
and traffic investigation that stop signs are necessary to stop traffic on a through highway for safe
and efficient operation, nothing in this section shall be construed to prevent such installations.
When circumstances warrant, the Director also may omit stop signs on roadways intersecting
through highways under his jurisdiction. Before the Director either installs or removes a stop sign
under this paragraph, he shall give notice, in writing, of that proposed action to the Municipality
at least thirty days before installing or removing the stop sign.
(b)
Other streets or highways or portions thereof, are hereby designated through streets
or highways, if they are within the Municipality, if they have a continuous length of more than one
mile between the limits of such street or highway or portion thereof, and if they have "stop" or
"yield" signs or traffic control signals at the entrances of the majority of intersecting streets or
highways. For purposes of this section, the limits of such street or highway or portion thereof,
shall be a municipal corporation line, the physical terminus of the street or highway or any point
on such street or highway at which vehicular traffic thereon is required by regulatory signs to stop
or yield to traffic on the intersecting street, provided that in residence districts the Municipality
may by ordinance designate such street or highway, or portion thereof, not to be a through
highway and thereafter the affected residence district shall be indicated by official traffic control
devices. Where two or more streets or highways designated under this subsection (b) intersect and
no traffic control signal is in operation, stop signs or yield signs shall be erected at one or more
entrances thereto by the Ohio Department of Transportation or by Council or the authorized local
authority, except as otherwise provided in this section.
(c)
Stop signs need not be erected at intersections so constructed as to permit traffic to
safely enter a through street or highway without coming to a stop. Signs shall be erected at such
intersections indicating that the operator of a vehicle shall yield the right of way to or merge with
all traffic proceeding on the through street or highway.
(d)
Council or the authorized local authority may designate additional through streets
or highways and shall erect stop signs, yield signs or traffic control signals at all streets and
highways intersecting such through streets or highways, or may designate any intersection as a
stop or yield intersection and shall erect like signs at one or more entrances to such intersection.
(ORC 4511.65)
313.03 TRAFFIC SIGNAL INDICATIONS.
Highway traffic signal indications for vehicles, and pedestrians shall have the following
meanings:
(a)
Steady Green Signal Indication:
(1)
A.
Vehicular traffic facing a circular green signal indication is
permitted to proceed straight through or turn right or left, or make
a u-turn movement except as such movement is modified by a laneuse sign, turn prohibition sign, lane marking, roadway design,
separate turn signal indication, or other traffic control device. Such
vehicular traffic, including vehicles turning right or left or making
a u-turn movement, shall yield the right-of-way to both of the
following:
2015 Replacement
37
Traffic Control Devices
(b)
(c)
313.03
1.
Pedestrians lawfully within an associated crosswalk;
2.
Other vehicles lawfully within the intersection.
B.
In addition, vehicular traffic turning left or making a u-turn
movement to the left shall yield the right-of-way to other vehicles
approaching from the opposite direction so closely as to constitute
an immediate hazard during the time when such turning vehicle is
moving across or within the intersection.
(2)
Vehicular traffic facing a green arrow signal indication, displayed alone or
in combination with another signal indication, is permitted to cautiously
enter the intersection only to make the movement indicated by such arrow,
or such other movement as is permitted by other indications displayed at the
same time. Such vehicular traffic, including vehicles turning right or left
or making a u-turn movement, shall yield the right-of-way to both of the
following:
A.
Pedestrians lawfully within an associated crosswalk.
B.
Other traffic lawfully using the intersection.
(3)
A.
Unless otherwise directed by a pedestrian signal indication, as
provided in Section 313.05, pedestrians facing a circular green
signal indication are permitted to proceed across the roadway within
any marked or unmarked associated crosswalk. The pedestrian shall
yield the right-of-way to vehicles lawfully within the intersection or
so close as to create an immediate hazard at the time that the green
signal indication is first displayed.
B.
Pedestrians facing a green arrow signal indication, unless otherwise
directed by a pedestrian signal indication or other traffic control
device, shall not cross the roadway.
Steady Yellow Signal Indication:
(1)
Vehicular traffic facing a steady circular yellow signal indication is thereby
warned that the related green movement or the related flashing arrow
movement is being terminated or that a steady red signal indication will be
exhibited immediately thereafter when vehicular traffic shall not enter the
intersection. The provisions governing vehicular operation under the
movement being terminated shall continue to apply while the steady circular
yellow signal indication is displayed.
(2)
Vehicular traffic facing a steady yellow arrow signal indication is thereby
warned that the related green arrow movement or the related flashing arrow
movement is being terminated. The provisions governing vehicular
operation under the movement being terminated shall continue to apply
while the steady yellow arrow signal indication is displayed.
(3)
Pedestrians facing a steady circular yellow or yellow arrow signal
indication, unless otherwise directed by a pedestrian signal indication as
provided in Section 313.05 or other traffic control device, shall not start to
cross the roadway.
Steady Red Signal Indication:
(1)
A.
Vehicular traffic facing a steady circular red signal indication,
unless entering the intersection to make another movement permitted
by another signal indication, shall stop at a clearly marked stop line;
but if there is no stop line, traffic shall stop before entering the
crosswalk on the near side of the intersection; or if there is no
crosswalk, before then before entering the intersection; and shall
remain stopped until a signal indication to proceed is displayed
except as provided in subsections (c)(1), (2) and (3) of this section.
2015 Replacement
313.03
TRAFFIC CODE
B.
(d)
(e)
38
Except when a traffic control device is in place prohibiting a turn on
red or a steady red arrow signal indication is displayed, vehicular
traffic facing a steady circular red signal indication is permitted,
after stopping, to enter the intersection to turn right, or to turn left
from a one-way street into a one-way street. The right to proceed
with the turn shall be subject to the provisions that are applicable
after making a stop at a stop sign.
(2)
A.
Vehicular traffic facing a steady red arrow signal indication shall not
enter the intersection to make the movement indicated by the arrow
and, unless entering the intersection to make another movement
permitted by another signal indication, shall stop at a clearly marked
stop line; but if there is no stop line, before entering the crosswalk
on the near side of the intersection; or if there is no crosswalk, then
before entering the intersection; and shall remain stopped until a
signal indication or other traffic control device permitting the
movement indicated by such red arrow is displayed.
B.
When a traffic control device is in place permitting a turn on a
steady red arrow signal indication, vehicular traffic facing a steady
red arrow indication is permitted, after stopping, to enter the
intersection to turn right or to turn left from a one-way street into
a one-way street. The right to proceed with the turn shall be limited
to the direction indicated by the arrow, and shall be subject to the
provisions that are applicable after making a stop at a stop sign.
(3)
Unless otherwise directed by a pedestrian signal indication as provided in
Section 313.05 or other traffic control device, pedestrians facing a steady
circular red or steady red arrow signal indication shall not enter the
roadway.
(4)
Local authorities by ordinance, or the Director of Transportation on State
highways, may prohibit a right or a left turn against a steady red signal at
any intersection, which shall be effective when signs giving notice thereof
are posted at the intersection.
Flashing Green Signal Indication. A flashing green signal indication has no
meaning and shall not be used.
Flashing Yellow Signal Indication:
(1)
A.
Vehicular traffic, on an approach to an intersection, facing a
flashing circular yellow signal indication, is permitted to cautiously
enter the intersection to proceed straight through or turn right or left
or make a u-turn movement except as such movement is modified
by lane-use signs, turn prohibition signs, lane markings, roadway
design, separate turn signal indications, or other traffic control
devices. Such vehicular traffic, including vehicles turning right or
left or making a u-turn movement, shall yield the right-of-way to
both of the following:
1.
Pedestrians lawfully within an associated crosswalk;
2.
Other vehicles lawfully within the intersection.
B.
In addition, vehicular traffic turning left or making a u-turn to the
left shall yield the right-of-way to other vehicles approaching from
the opposite direction so closely as to constitute an immediate
hazard during the time when such turning vehicle is moving across
or within the intersection.
2015 Replacement
39
Traffic Control Devices
(2)
(f)
313.03
A.
Vehicular traffic, on an approach to an intersection, facing a
flashing yellow arrow signal indication, displayed alone or in
combination with another signal indication, is permitted to
cautiously enter the intersection only to make the movement
indicated by such arrow, or other such movement as is permitted by
other signal indications displayed at the same time. Such vehicular
traffic, including vehicles turning right or left or making a u-turn,
shall yield the right-of-way to both of the following:
1.
Pedestrians lawfully within an associated crosswalk;
2.
Other vehicles lawfully within the intersection.
B.
In addition, vehicular traffic turning left or making a u-turn to the
left shall yield the right-of-way to other vehicles approaching from
the opposite direction so closely as to constitute an immediate
hazard during the time when such turning vehicle is moving across
or within the intersection.
(3)
Pedestrians facing any flashing yellow signal indication at an intersection,
unless otherwise directed by a pedestrian signal indication or other traffic
control device, are permitted to proceed across the roadway within any
marked or unmarked associated crosswalk. Pedestrians shall yield the
right-of-way to vehicles lawfully within the intersection at the time that the
flashing yellow signal indication is first displayed.
(4)
When a flashing circular yellow signal indication is displayed as a beacon
to supplement another traffic control device, road users are notified that
there is a need to pay additional attention to the message contained thereon
or that the regulatory or warning requirements of the other traffic control
device, which might not be applicable at all times, are currently applicable.
Flashing Red Signal Indication:
(1)
Vehicular traffic, on an approach to an intersection, facing a flashing
circular red signal indication, shall stop at a clearly marked stop line; but
if there is no stop line, before entering the crosswalk on the near side of the
intersection; or if there is no crosswalk, at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection. The right to proceed
shall be subject to the provisions that are applicable after making a stop at
a stop sign.
(2)
Pedestrians facing any flashing red signal indication at an intersection,
unless otherwise directed by a pedestrian signal indication or other traffic
control device, are permitted to proceed across the roadway within any
marked or unmarked associated crosswalk. Pedestrians shall yield the
right-of-way to vehicles lawfully within the intersection at the time that the
flashing red signal indication is first displayed.
(3)
When a flashing circular red signal indication is displayed as a beacon to
supplement another traffic control device, road users are notified that there
is a need to pay additional attention to the message contained thereon or that
the regulatory requirements of the other traffic control device, which might
not be applicable at all times, are currently applicable. Use of this signal
indication shall be limited to supplementing stop, do not enter, or wrong
way signs, and to applications where compliance with the supplemented
traffic control device requires a stop at a designated point.
2015 Replacement
313.04
TRAFFIC CODE
(g)
(h)
40
General Application: In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions of this section shall
be applicable except as to those provisions which by their nature can have no
application. Any stop required shall be made at a sign or marking on the pavement
indicating where the stop shall be made, but in the absence of any such sign or
marking the stop shall be made at the signal.
Exception. This section does not apply at railroad grade crossings. Conduct of
drivers of vehicles approaching railroad grade crossings shall be governed by Ohio
R.C. 4511.61 and 4511.62. (ORC 4511.13)
313.04 LANE-USE CONTROL SIGNAL INDICATIONS.
(a)
The meanings of lane-use control signal indications are as follows:
(1)
A steady downward green arrow: A road user is permitted to drive in the
lane over which the arrow signal indication is located.
(2)
A steady yellow “X”: A road user is to prepare to vacate the lane over
which the signal indication is located because a lane control change is being
made to a steady red “X” signal indication.
(3)
A steady white two-way left-turn arrow: A road user is permitted to use a
lane over which the signal indication is located for a left turn, but not for
through travel, with the understanding that common use of the lane by
oncoming road users for left turns also is permitted.
(4)
A steady white one-way left-turn arrow: A road user is permitted to use a
lane over which the signal indication is located for a left turn, without
opposing turns in the same lane, but not for through travel.
(5)
A steady red “X”: A road user is not permitted to use the lane over which
the signal indication is located and that this signal indication shall modify
accordingly the meaning of other traffic controls present.
(ORC 4511.131)
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.99)
313.05 SPECIAL PEDESTRIAN CONTROL SIGNALS.
(a)
Whenever special pedestrian control signals exhibiting the words “walk” or “don’t
walk”, or the symbol of a walking person or an upraised palm are in place, such signals shall
indicate the following instructions:
(1)
A steady walking person signal indication, which symbolizes “walk”,
means that a pedestrian facing the signal indication is permitted to start to
cross the roadway in the direction of the signal indication, possibly in
conflict with turning vehicles. The pedestrian shall yield the right-of-way
to vehicles lawfully within the intersection at the time that the walking
person signal indication is first shown.
2015 Replacement
40A
Traffic Control Devices
(2)
(3)
(4)
(5)
313.07
A flashing upraised hand signal indication, which symbolizes “don’t walk”,
means that a pedestrian shall not start to cross the roadway in the direction
of the signal indication, but that any pedestrian who has already started to
cross on a steady walking person signal indication shall proceed to the far
side of the traveled way of the street or highway, unless otherwise directed
by a traffic control device to proceed only to the median of a divided
highway or only to some other island or pedestrian refuge area.
A steady upraised hand signal indication means that a pedestrian shall not
enter the roadway in the direction of the signal indication.
Nothing int his section shall be construed to invalidate the continued use of
pedestrian control signals utilizing the word “wait” if those signals were
installed prior to March 28, 1985.
A flashing walking person signal indication has no meaning and shall not
be used. (ORC 4511.14)
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.99)
313.06 FLASHING TRAFFIC SIGNALS.
(Former Ohio R.C. 4511.15 from which Section 313.06 was derived was repealed by
House Bill 349, effective April 20, 2012.)
313.07 UNAUTHORIZED SIGNS AND SIGNALS, HIDING FROM VIEW,
ADVERTISING.
(a)
No person shall place, maintain or display upon or in view of any street any
unauthorized sign, signal, marking or device which purports to be, is an imitation of or resembles
a traffic control device or railroad sign or signal, or which attempts to direct the movement of
traffic, or hides from view or interferes with the effectiveness of any traffic control device or any
railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit
upon any street any traffic sign or signal bearing thereon any commercial advertising. This section
does not prohibit either the erection upon private property adjacent to streets of signs giving useful
directional information and of a type that cannot be mistaken for traffic control devices, or the
erection upon private property of traffic control devices by the owner of real property in
accordance with Ohio R.C. 4511.211 and 4511.432.
2015 Replacement
313.08
TRAFFIC CODE
40B
Every such prohibited sign, signal, marking or device is a public nuisance, and the Police
Chief is authorized to remove it or cause it to be removed.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.16)
313.08 ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL
DEVICES.
(a)
No person without lawful authority, shall do any of the following:
(1)
Knowingly move, deface, damage, destroy or otherwise improperly
tamper with any traffic control device, any railroad sign or signal, or any
inscription, shield or insignia on the device, sign or signal, or any part of
the device, sign or signal;
(2)
Knowingly drive upon or over any freshly applied pavement marking
material on the surface of a roadway while the marking material is in an
undried condition and is marked by flags, markers, signs or other devices
intended to protect it;
(3)
Knowingly move, damage, destroy or otherwise improperly tamper with
a manhole cover.
(b)
(1)
2015 Replacement
Except as otherwise provided in this subsection, whoever violates
subsection (a)(1) or (3) of this section is guilty of a misdemeanor of the
third degree. If a violation of subsection (a)(1) or (3) of this section
creates a risk of physical harm to any person, the offender is guilty of a
misdemeanor of the first degree. If a violation of subsection (a)(1) or (3)
of this section causes serious physical harm to property that is owned,
leased, or controlled by a state or local authority, the offender is guilty of
a felony and shall be prosecuted under appropriate state law.
41
Traffic Control Devices
(2)
313.10
Except as otherwise provided in this subsection, whoever violates
subsection (a)(2) of this section is guilty of a minor misdemeanor. If,
within one year of the offense, the offender previously has been convicted
of or pleaded guilty to one predicate motor vehicle or traffic offense,
whoever violates subsection (a)(2) of this section is guilty of a
misdemeanor of the fourth degree. If, within one year of the offense, the
offender previously has been convicted of two or more predicate motor
vehicle or traffic offenses, whoever violates subsection (a)(2) of this
section is guilty of a misdemeanor of the third degree.
(ORC 4511.17)
313.09 DRIVER'S DUTIES UPON APPROACHING AMBIGUOUS OR
NON-WORKING TRAFFIC SIGNAL.
(a)
The driver of a vehicle who approaches an intersection where traffic is controlled
by traffic control signals shall do all of the following, if the signal facing the driver either exhibits
no colored lights or colored lighted arrows or exhibits a combination of such lights or arrows that
fails to clearly indicate the assignment of right of way:
(1)
Stop at a clearly marked stop line, but if none, stop before entering the
crosswalk on the near side of the intersection, or, if none, stop before
entering the intersection;
(2)
Yield the right of way to all vehicles in the intersection or approaching on
an intersecting road, if the vehicles will constitute an immediate hazard
during the time the driver is moving across or within the intersection or
junction of roadways.
(3)
Exercise ordinary care while proceeding through the intersection.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.132)
313.10 UNLAWFUL PURCHASE, POSSESSION OR SALE.
(a)
As used in this section, "traffic control device" means any sign, traffic control
signal or other device conforming to and placed or erected in accordance with the manual adopted
under Ohio R.C. 4511.09 by authority of a public body or official having jurisdiction, for the
purpose of regulating, warning or guiding traffic, including signs denoting the names of streets
and highways, but does not mean any pavement marking.
(b)
No individual shall buy or otherwise possess or sell, a traffic control device, except
when one of the following applies:
(1)
In the course of the individual’s employment by the State or a local
authority for the express or implied purpose of manufacturing, providing,
erecting, moving or removing such a traffic control device;
(2)
In the course of the individual’s employment by any manufacturer of
traffic control devices other than a State or local authority;
2015 Replacement
313.11
TRAFFIC CODE
(3)
(4)
(5)
42
For the purpose of demonstrating the design and function of a traffic
control device to State or local officials;
When the traffic control device has been purchased from the State or a
local authority at a sale of property that is no longer needed or is unfit for
use;
The traffic control device has been properly purchased from a
manufacturer for use on private property and the person possessing the
device has a sales receipt for the device or other acknowledgment of sale
issued by the manufacturer.
(c)
This section does not preclude, and shall not be construed as precluding,
prosecution for theft in violation of Ohio R.C. 2913.02 or a municipal ordinance relating to theft,
or for receiving stolen property in violation of Ohio R.C. 2913.51 or a municipal ordinance
relating to receiving stolen property.
(d)
Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.18)
313.11 PORTABLE SIGNAL PREEMPTION DEVICES PROHIBITED.
(a)
(1)
No person shall possess a portable signal preemption device.
(2)
No person shall use a portable signal preemption device to affect the
operation of a traffic control signal.
(b)
Subsection (a)(1) of this section does not apply to any of the following persons and
subsection (a)(2) of this section does not apply to any of the following persons when responding
to an emergency call:
(1)
A peace officer, as defined in Ohio R.C. 109.71(A)(11), (12), (14) or (19);
(2)
A State highway patrol trooper;
(3)
A person while occupying a public safety vehicle as defined in Ohio R.C.
4511.01(E)(1), (3) or (4).
(c)
Whoever violates subsection (a)(1) of this section is guilty of a misdemeanor of the
fourth degree. Whoever violates subsection (a)(2) of this section is guilty of a misdemeanor of
the first degree.
(d)
As used in this section, “portable signal preemption device” means a device that,
if activated by a person, is capable of changing a traffic control signal to green out of sequence.
(ORC 4513.031)
2015 Replacement
43
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
Chap.
331.
333.
335.
337.
339.
341.
343.
TITLE FIVE - Vehicles
Operation Generally.
OVI; Willful Misconduct; Speed.
Licensing; Accidents.
Safety and Equipment.
Commercial and Heavy Vehicles.
Commercial Drivers.
Transportation of Radioactive Materials.
CHAPTER 331
Operation Generally
331.01 Driving upon right side of
roadway; exceptions.
331.02 Passing to right when
proceeding in opposite
directions.
331.03 Overtaking, passing to left;
driver's duties.
331.04 Overtaking and passing upon
right.
331.05 Overtaking, passing to left
of center.
331.06 Additional restrictions on
driving upon left side of
roadway.
331.07 Hazardous or no passing zones.
331.08 Driving in marked lanes or
continuous lines of traffic.
331.09 Following too closely.
331.10 Turning at intersections.
331.11 Turning into private driveway,
alley or building.
331.12 "U" turns restricted.
331.13 Starting and backing vehicles.
331.14 Signals before changing
course, turning or stopping.
331.15 Hand and arm signals.
331.16 Right of way at
intersections.
331.17 Right of way when turning
left.
331.18 Operation of vehicle at
yield signs.
331.19 Operation of vehicle at stop
signs.
331.20 Emergency or public safety
vehicles at stop signals or
signs.
331.21 Right of way of public safety
or coroner’s vehicle.
331.22 Driving onto roadway
from place other than
roadway: duty to yield.
331.23 Driving onto roadway from
place other than roadway:
stopping at sidewalk.
331.24 Right of way of funeral
procession.
331.25 Driver's view and control
to be unobstructed by load
or persons.
331.26 Driving upon street posted
as closed for repair.
331.27 Following and parking near
emergency or safety
vehicles.
331.28 Driving over fire hose.
331.29 Driving through safety
zone.
331.30 One-way streets and rotary
traffic islands.
331.31 Driving upon divided roadways.
331.32 Entering and exiting
controlled-access
highway.
331.33 Obstructing intersection,
crosswalk or grade
crossing.
331.34 Failure to control; weaving;
full time and attention.
331.341 Text messaging while driving.
331.35 Occupying a moving trailer or
manufactured or mobile home.
331.36 Squealing tires, “peeling”,
cracking exhaust noises.
331.37 Driving upon sidewalks,
street lawns or curbs.
2015 Replacement
331.01
TRAFFIC CODE
331.38 Stopping for school bus;
discharging children.
331.39 Erection of stop signs on
private roads and driveways;
enforcement.
331.40 Earphones or earplugs on
operator prohibited;
exception.
44
331.41 Shortcutting at intersections.
331.42 Littering from motor
vehicle.
331.43 Vehicular operation on
street closed due to rise in
water level.
CROSS REFERENCES
See sectional histories for similar State law
Obedience to traffic control devices - see TRAF. 313.01
Operation of bicycles and motorcycles - see TRAF. 373.01
et seq.
School bus operation - see OAC Ch. 4501-3
331.01 DRIVING UPON RIGHT SIDE OF ROADWAY; EXCEPTIONS.
(a)
Upon all roadways of sufficient width, a vehicle shall be driven upon the right half
of the roadway, except as follows:
(1)
When overtaking and passing another vehicle proceeding in the same
direction, or when making a left turn under the rules governing such
movements;
(2)
When an obstruction exists making it necessary to drive to the left of the
center of the highway; provided, any person so doing shall yield the right
of way to all vehicles traveling in the proper direction upon the
unobstructed portion of the highway within such distance as to constitute
an immediate hazard;
(3)
When driving upon a roadway divided into three or more marked lanes for
traffic under the rules applicable thereon;
(4)
When driving upon a roadway designated and posted with signs for
one-way traffic;
(5)
When otherwise directed by a police officer or traffic control device.
(b)
(1)
(2)
2015 Replacement
Upon all roadways any vehicle proceeding at less than the prevailing and
lawful speed of traffic at the time and place and under the conditions then
existing shall be driven in the right-hand lane then available for traffic, and
far enough to the right to allow passing by faster vehicles if such passing is
safe and reasonable, except under any of the following circumstances:
A.
When overtaking and passing another vehicle proceeding in the
same direction;
B.
When preparing for a left turn;
C.
When the driver must necessarily drive in a lane other than the
right-hand lane to continue on the driver’s intended route.
Nothing in subsection (b)(1) of this section requires a driver of a slower
vehicle to compromise the driver’s safety to allow overtaking by a faster
vehicle.
45
Operation Generally
331.03
(c)
Upon any roadway having four or more lanes for moving traffic and providing for
two-way movement of traffic, no vehicle shall be driven to the left of the center line of the
roadway, except when authorized by official traffic control devices designating certain lanes to the
left of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or
except as permitted under subsection (a) (2) hereof.
This subsection shall not be construed as prohibiting the crossing of the center line in
making a left turn into or from an alley, private road or driveway.
(d)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.25)
331.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE
DIRECTIONS.
(a)
Operators of vehicles proceeding in opposite directions shall pass each other to the
right, and upon roadways having width for not more than one line of traffic in each direction, each
operator shall give to the other one-half of the main traveled portion of the roadway or as nearly
one-half as is reasonably possible.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.26)
331.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
(a)
The following rules govern the overtaking and passing of vehicles proceeding in
the same direction:
(1)
The operator of a vehicle overtaking another vehicle proceeding in the
same direction shall, except as provided in subsection (a)(3) hereof, signal
to the vehicle to be overtaken, shall pass to the left thereof at a safe
distance, and shall not again drive to the right side of the roadway until
safely clear of the overtaken vehicle.
(2)
Except when overtaking and passing on the right is permitted, the operator
of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle at the latter's audible signal, and the operator shall not
increase the speed of the operator’s vehicle until completely passed by the
overtaking vehicle.
(3)
The operator of a vehicle overtaking and passing another vehicle
proceeding in the same direction on a divided street or highway as defined
in Section 331.31, a limited access highway as defined in Ohio R.C.
5511.02 or a highway with four or more traffic lanes, is not required to
signal audibly to the vehicle being overtaken and passed.
2015 Replacement
331.04
TRAFFIC CODE
46
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.27)
331.04 OVERTAKING AND PASSING UPON RIGHT.
(a)
The driver of a vehicle may overtake and pass upon the right of another vehicle
only under the following conditions:
(1)
When the vehicle overtaken is making or about to make a left turn;
(2)
Upon a roadway with unobstructed pavement of sufficient width for two
or more lines of vehicles moving lawfully in the direction being traveled
by the overtaking vehicle.
(b)
The driver of a vehicle may overtake and pass another vehicle only under conditions
permitting such movement in safety. The movement shall not be made by driving off the roadway.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.28)
331.05 OVERTAKING, PASSING TO LEFT OF CENTER.
(a)
No vehicle shall be driven to the left of the center of the roadway in overtaking and
passing traffic proceeding in the same direction, unless such left side is clearly visible and is free
of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be
completely made, without interfering with the safe operation of any traffic approaching from the
opposite direction or any traffic overtaken. In every event the overtaking vehicle must return to
an authorized lane of travel as soon as practicable and in the event the passing movement involves
the use of a lane authorized for traffic approaching from the opposite direction before coming
within 200 feet of any approaching vehicle.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.29)
2015 Replacement
47
Operation Generally
331.07
331.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE
OF ROADWAY.
(a)
No vehicle shall be driven upon the left side of the roadway under the following
conditions:
(1)
When approaching the crest of a grade or upon a curve in the highway,
where the operator's view is obstructed within such a distance as to create
a hazard in the event traffic might approach from the opposite direction;
(2)
When the view is obstructed upon approaching within 100 feet of any
bridge, viaduct or tunnel;
(3)
When approaching within 100 feet of or traversing any intersection or
railroad grade crossing.
(b)
This section does not apply to vehicles upon a one-way roadway, upon a roadway
where traffic is lawfully directed to be driven to the left side or under the conditions described in
Section 331.01(a)(2).
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.30)
331.07 HAZARDOUS OR NO PASSING ZONES.
(a)
Hazardous zones, commonly called "no passing zones," shall consist of an auxiliary
yellow line marked on the roadway pavement and placed parallel to the normal center line or
marked lane line. When the auxiliary yellow line appears on the left side in the driver's lane of
travel and to the right of the normal center line or marked lane line, no driver shall drive across
the auxiliary yellow line to overtake and pass another vehicle proceeding in the same direction.
When auxiliary yellow lines appear on both sides of the normal center line or marked lane line,
drivers proceeding in either direction shall not drive across such auxiliary yellow lines to overtake
and pass another vehicle proceeding in the same direction. No driver shall, at any other time,
drive across the yellow auxiliary line when it appears in the driver's lane of travel, except to make
a lawfully permitted left-hand turn under the rules governing such movement. No passing signs
may also be erected facing traffic to indicate the beginning and end of each no passing zone.
When appropriate signs or markings indicating hazardous or no passing zones are in place
and clearly visible, every operator of a vehicle shall obey the directions of the signs or markings,
notwithstanding the distance set out in Section 331.06.
(b)
Subsection (a) of this section does not apply when all of the following apply:
(1)
The slower vehicle is proceeding at less than half the speed of the speed
limit applicable to that location.
(2)
The faster vehicle is capable of overtaking and passing the slower vehicle
without exceeding the speed limit.
(3)
There is sufficient clear sight distance to the left of the center or center line
of the roadway to meet the overtaking and passing provisions of Section
331.05, considering the speed of the slower vehicle.
2015 Replacement
331.08
TRAFFIC CODE
48
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.31)
331.08 DRIVING IN MARKED LANES OR CONTINUOUS LINES OF TRAFFIC.
(a)
Whenever any roadway has been divided into two or more clearly marked lanes for
traffic or wherever traffic is lawfully moving in two or more substantially continuous lines in the
same direction, the following rules apply:
(1)
A vehicle shall be driven, as nearly as is practicable, entirely within a
single lane or line of traffic and shall not be moved from such lane or line
until the driver has first ascertained that such movement can be made with
safety.
(2)
Upon a roadway which is divided into three lanes and provides for
two-way movement of traffic, a vehicle shall not be driven in the center
lane except when overtaking and passing another vehicle where the
roadway is clearly visible and such center lane is clear of traffic within a
safe distance, or when preparing for a left turn, or where such center lane
is at the time allocated exclusively to traffic moving in the direction the
vehicle is proceeding and is posted with signs to give notice of such
allocation.
(3)
Official signs may be erected directing specified traffic to use a designated
lane or designating those lanes to be used by traffic moving in a particular
direction regardless of the center of the roadway, or restricting the use of
a particular lane to only buses during certain hours or during all hours,
and drivers of vehicles shall obey the directions of such signs.
(4)
Official traffic control devices may be installed prohibiting the changing
of lanes on sections of roadway and drivers of vehicles shall obey the
directions of every such device.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.33)
331.09 FOLLOWING TOO CLOSELY.
(a)
The operator of a motor vehicle shall not follow another vehicle more closely than
is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and
the condition of the highway.
The driver of any truck, or motor vehicle drawing another vehicle, when traveling upon
a roadway outside a business or residence district shall maintain a sufficient space, whenever
conditions permit, between such vehicle and another vehicle ahead so an overtaking motor vehicle
may enter and occupy such space without danger. This paragraph does not prevent overtaking and
passing nor does it apply to any lane specially designated for use by trucks.
Motor vehicles being driven upon any roadway outside of a business or residence district
in a caravan or motorcade, shall maintain a sufficient space between such vehicles so an overtaking
vehicle may enter and occupy such space without danger. This paragraph shall not apply to
funeral processions.
2015 Replacement
49
Operation Generally
331.10
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.34)
331.10 TURNING AT INTERSECTIONS.
(a)
The driver of a vehicle intending to turn at an intersection shall be governed by the
following rules:
(1)
Approach for a right turn and a right turn shall be made as close as
practicable to the right-hand curb or edge of the roadway.
(2)
At any intersection where traffic is permitted to move in both directions
on each roadway entering the intersection, an approach for a left turn shall
be made in that portion of the right half of the roadway nearest the center
line thereof and by passing to the right of such center line where it enters
the intersection and after entering the intersection the left turn shall be
made so as to leave the intersection to the right of the center line of the
roadway being entered. Whenever practicable the left turn shall be made
in that portion of the intersection to the left of the center of the
intersection.
(3)
At any intersection where traffic is restricted to one direction on one or
more of the roadways, the driver of a vehicle intending to turn left at any
such intersection shall approach the intersection in the extreme left-hand
lane lawfully available to traffic moving in the direction of travel of such
vehicle, and after entering the intersection the left turn shall be made so
as to leave the intersection, as nearly as practicable, in the left-hand lane
of the roadway being entered lawfully available to the traffic moving in
that lane.
(4)
Markers, buttons or signs may be placed within or adjacent to
intersections and thereby require and direct that a different course from
that specified in this section be traveled by vehicles turning at an
intersection, and when such markers, buttons or signs are so placed, no
operator of a vehicle shall turn such vehicle at an intersection other than
as directed and required by such markers, buttons or signs.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.36)
2015 Replacement
331.11
TRAFFIC CODE
50
331.11 TURNING INTO PRIVATE DRIVEWAY, ALLEY OR BUILDING.
(a)
The driver of a vehicle intending to turn into a private road or driveway, alley or
building from a public street or highway shall be governed by the following rules:
(1)
Approach for a right turn and a right turn shall be made as close as
practicable to the right-hand curb or edge of the roadway.
(2)
Upon a roadway where traffic is proceeding in opposite directions,
approach for a left turn and a left turn shall be made from that portion of
the right half of the roadway nearest the center line thereof.
(3)
Upon a roadway where traffic is restricted to one direction, approach for
a left turn and a left turn shall be made as close as practicable to the
left-hand curb or edge of the roadway.
It shall be the duty of the driver of any vehicle entering a private road or driveway, alley
or building to yield the right of way to pedestrians lawfully using the sidewalk or sidewalk area
extending across any alleyway, private road, driveway or building.
(b)
Whoever violates this section is guilty of a minor misdemeanor on a first offense;
on a second offense within one year after the first offense, the person is guilty of a misdemeanor
of the fourth degree; on each subsequent offense within one year after the first offense, the person
is guilty of a misdemeanor of the third degree.
331.12 "U" TURNS RESTRICTED.
(a)
Except as provided in Section 313.03 and subsection (b) hereof, no vehicle shall
be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or
near the crest of a grade, if the vehicle cannot be seen within 500 feet by the driver of any other
vehicle approaching from either direction.
(b)
The driver of an emergency vehicle or public safety vehicle, when responding to
an emergency call, may turn the vehicle so as to proceed in the opposite direction. This subsection
applies only when the emergency vehicle or public safety vehicle is responding to an emergency
call, is equipped with and displaying at least one flashing, rotating or oscillating light visible under
normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, and when
the driver of the vehicle is giving an audible signal by siren, exhaust whistle or bell. This
subsection does not relieve the driver of an emergency vehicle or public safety vehicle from the
duty to drive with due regard for the safety of all persons and property upon the highway.
(ORC 4511.37)
(c)
Except as provided in subsection (b) hereof, no vehicle shall be turned so as to
proceed in the opposite direction within an intersection, or upon any street in a business district,
or upon a freeway, expressway or controlled-access highway, or where authorized signs are
erected to prohibit such movement, or at any other location unless such movement can be made
with reasonable safety to other users of the street and without interfering with the safe operation
of any traffic that may be affected by such movement.
(d)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.37)
2015 Replacement
51
Operation Generally
331.14
331.13 STARTING AND BACKING VEHICLES.
(a)
No person shall start a vehicle which is stopped, standing or parked until such
movement can be made with reasonable safety.
Before backing, operators of vehicles shall give ample warning, and while backing they
shall exercise vigilance not to injure person or property on the street or highway.
No person shall back a motor vehicle on a freeway, except: in a rest area; in the
performance of public works or official duties; as a result of an emergency caused by an accident
or breakdown of a motor vehicle.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.38)
331.14 SIGNALS BEFORE CHANGING COURSE, TURNING OR STOPPING.
(a)
No person shall turn a vehicle or move right or left upon a highway unless and until
such person has exercised due care to ascertain that the movement can be made with reasonable
safety nor without giving an appropriate signal in the manner hereinafter provided.
When required, a signal of intention to turn or move right or left shall be given
continuously during not less than the last 100 feet traveled by the vehicle before turning, except
that in the case of a person operating a bicycle, the signal shall be made not less than one time but
is not required to be continuous. A bicycle operator is not required to make a signal if the bicycle
is in a designated turn lane, and a signal shall not be given when the operator’s hands are needed
for the safe operation of the bicycle.
No person shall stop or suddenly decrease the speed of a vehicle without first giving an
appropriate signal in the manner provided herein to the driver of any vehicle immediately to the
rear when there is opportunity to give a signal.
Any stop or turn signal required by this section shall be given either by means of the hand
and arm, or by signal lights that clearly indicate to both approaching and following traffic intention
to turn or move right or left, except that any motor vehicle in use on a highway shall be equipped
with, and the required signal shall be given by, signal lights when the distance from the center of
the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle
exceeds twenty-four inches, or when the distance from the center of the top of the steering post
to the rear limit of the body or load thereof exceeds fourteen feet, whether a single vehicle or a
combination of vehicles.
The signal lights required by this section shall not be flashed on one side only on a disabled
vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from
the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for
compliance with this section.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.39)
2015 Replacement
331.15
TRAFFIC CODE
52
331.15 HAND AND ARM SIGNALS.
(a)
Except as provided in subsection (b) hereof, all signals required by this Traffic
Code, when given by hand and arm shall be given from the left side of the vehicle in the following
manner, and such signals shall indicate as follows:
(1)
Left turn: Hand and arm extended horizontally;
(2)
Right turn: Hand and arm extended upward;
(3)
Stop or decrease speed: Hand and arm extended downward.
(b)
As an alternative to subsection (a)(2) hereof, a person operating a bicycle may give
a right turn signal by extending the right hand and arm horizontally and to the right side of the
bicycle.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.40)
331.16 RIGHT OF WAY AT INTERSECTIONS.
(a)
When two vehicles approach or enter an intersection from different streets or
highways at approximately the same time, the driver of the vehicle on the left shall yield the right
of way to the vehicle on the right.
(b)
The right of way rule declared in subsection (a) hereof, is modified at through
highways and otherwise as stated in this Traffic Code and Ohio R.C. Chapter 4511.
(ORC 4511.41)
(c)
Subject to compliance with any traffic control device, when two vehicles approach
or enter a junction of two or more alleys from different directions at approximately the same time,
the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
(d)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.41)
331.17 RIGHT OF WAY WHEN TURNING LEFT.
(a)
The operator of a vehicle intending to turn to the left within an intersection or into
an alley, private road or driveway shall yield the right of way to any vehicle approaching from the
opposite direction, whenever the approaching vehicle is within the intersection or so close to the
intersection, alley, private road or driveway as to constitute an immediate hazard.
2015 Replacement
53
Operation Generally
331.19
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.42)
331.18 OPERATION OF VEHICLE AT YIELD SIGNS.
(a)
The driver of a vehicle approaching a yield sign shall slow down to a speed
reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on the near side of the intersection,
or, if none, then at the point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the
driver shall yield the right of way to any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard during the time the driver is moving
across or within the intersection or junction of roadways. Whenever a driver is involved in a
collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign
without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the
right of way.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.43(B))
331.19 OPERATION OF VEHICLE AT STOP SIGNS.
(a)
Except when directed to proceed by a law enforcement officer, every driver of a
vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none before entering
the crosswalk on the near side of the intersection, or, if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering it. After having stopped, the driver shall yield the right of way to any
vehicle in the intersection or approaching on another roadway so closely as to constitute an
immediate hazard during the time the driver is moving across or within the intersection or junction
of roadways.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.43(A))
2015 Replacement
331.20
TRAFFIC CODE
54
331.20 EMERGENCY OR PUBLIC SAFETY VEHICLES AT STOP
SIGNALS OR SIGNS.
(a)
The driver of any emergency vehicle or public safety vehicle, when responding to
an emergency call, upon approaching a red or stop signal or any stop sign shall slow down as
necessary for safety to traffic, but may proceed cautiously past such red or stop sign or signal with
due regard for the safety of all persons using the street or highway.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.03)
331.21 RIGHT OF WAY OF PUBLIC SAFETY OR CORONER’S VEHICLE.
(a)
Upon the approach of a public safety vehicle or coroner’s vehicle, equipped with
at least one flashing, rotating or oscillating light visible under normal atmospheric conditions from
a distance of 500 feet to the front of the vehicle and the driver is giving an audible signal by siren,
exhaust whistle or bell, no driver of any other vehicle shall fail to yield the right-of-way,
immediately drive if practical to a position parallel to and as close as possible to, the right edge
or curb of the street clear of any intersection, and stop and remain in that position until the public
safety vehicle or coroner’s vehicle has passed, except when otherwise directed by a police officer.
(b)
This section does not relieve the driver of a public safety vehicle or coroner’s
vehicle from the duty to drive with due regard for the safety of all persons and property upon the
street.
(c)
This section applies to a coroner’s vehicle only when the vehicle is operated in
accordance with Ohio R.C. 4513.171. As used in this section, “coroner’s vehicle” means a
vehicle used by a coroner, deputy coroner or coroner’s investigator that is equipped with a
flashing, oscillating or rotating red or blue light and a siren, exhaust whistle, or bell capable of
giving an audible signal.
(d)
Except as otherwise provided in this subsection, whoever violates subsection (a) of
this section is guilty of a misdemeanor of the fourth degree on a first offense. On a second offense
within one year after the first offense, the person is guilty of a misdemeanor of the third degree,
and, on each subsequent offense within one year after the first offense, the person is guilty of a
misdemeanor of the second degree. (ORC 4511.45)
331.22 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN
ROADWAY: DUTY TO YIELD.
(a)
Subject to compliance with any traffic control device, the operator of a vehicle
about to enter or cross a highway from an alley or from any place other than another roadway
shall yield the right of way to all traffic approaching on the roadway to be entered or crossed.
2015 Replacement
55
Operation Generally
331.24
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.44)
331.23 DRIVING ONTO ROADWAY FROM PLACE OTHER THAN
ROADWAY: STOPPING AT SIDEWALK.
(a)
Subject to compliance with any traffic control device, the driver of a vehicle
emerging from an alley, building, private road or driveway within a business or residence district
shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area
extending across the alley, building entrance, road or driveway, or in the event there is no
sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view
of approaching traffic thereon.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.431)
331.24 RIGHT OF WAY OF FUNERAL PROCESSION.
(a)
As used in this section "funeral procession" means two or more vehicles
accompanying the cremated remains or the body of a deceased person in the daytime when each
of the vehicles has its headlights lighted and is displaying a purple and white or an orange and
white pennant attached to each vehicle in such a manner as to be clearly visible to traffic
approaching from any direction.
(b)
Excepting public safety vehicles proceeding in accordance with Section 331.21 or
when directed otherwise by a police officer, pedestrians and the operators of all vehicles shall yield
the right of way to each vehicle that is a part of a funeral procession. Whenever the lead vehicle
in a funeral procession lawfully enters an intersection, the remainder of the vehicles in the
procession may continue to follow the lead vehicle through the intersection notwithstanding any
traffic control devices or right-of-way provisions of this Traffic Code, provided that the operator
of each vehicle exercises due care to avoid colliding with any other vehicle or pedestrian.
(c)
No person shall operate any vehicle as a part of a funeral procession without having
the headlights of the vehicle lighted and without displaying a purple and white or an orange and
white pennant in such a manner as to be clearly visible to traffic approaching from any direction.
2015 Replacement
331.25
TRAFFIC CODE
56
(d)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.451)
331.25 DRIVER'S VIEW AND CONTROL TO BE UNOBSTRUCTED BY LOAD
OR PERSONS.
(a)
No person shall drive a vehicle when it is so loaded, or when there are in the front
seat such number of persons, as to obstruct the view of the driver to the front or sides of the
vehicle or to interfere with the driver's control over the driving mechanism of the vehicle.
(b)
No passenger in a vehicle shall ride in such position as to interfere with the driver's
view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism
of the vehicle.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.70(A),(B),(D))
331.26 DRIVING UPON STREET POSTED AS CLOSED FOR REPAIR.
(a)
No person shall drive upon, along or across a street or highway, or any part of a
street or highway that has been closed in the process of its construction, reconstruction or repair,
and posted with appropriate signs by the authority having jurisdiction to close such street or
highway.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.71)
331.27 FOLLOWING AND PARKING NEAR EMERGENCY OR SAFETY
VEHICLES.
(a)
The driver of any vehicle, other than an emergency vehicle or public safety vehicle
on official business, shall not follow any emergency vehicle or public safety vehicle traveling in
response to an alarm closer than 500 feet, or drive into or park such vehicle within the block
where fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a police
officer or a firefighter.
2015 Replacement
57
Operation Generally
331.30
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.72)
331.28 DRIVING OVER FIRE HOSE.
(a)
No vehicle shall, without the consent of the Fire Chief or fire official in command,
be driven over any unprotected fire hose that is laid down on any street or private driveway to be
used at any fire or alarm of fire.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.73)
331.29 DRIVING THROUGH SAFETY ZONE.
(a)
No vehicle shall at any time be driven through or within a safety zone.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.60)
331.30 ONE-WAY STREETS AND ROTARY TRAFFIC ISLANDS.
(a)
Upon a roadway designated and posted with signs for one-way traffic a vehicle shall
be driven only in the direction designated. A vehicle passing around a rotary traffic island shall
be driven only to the right of the rotary traffic island.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.32)
2015 Replacement
331.31
TRAFFIC CODE
58
331.31 DRIVING UPON DIVIDED ROADWAYS.
(a)
Whenever any street has been divided into two roadways by an intervening space,
or by a physical barrier, or clearly indicated dividing section so constructed as to impede vehicular
traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be
driven over, across or within any such dividing space, barrier or median section, except through
an opening, crossover or intersection established by public authority. This section does not
prohibit the occupancy of such dividing space, barrier or median section for the purpose of an
emergency stop or in compliance with an order of a police officer.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.35)
331.32 ENTERING AND EXITING CONTROLLED-ACCESS HIGHWAY.
(a)
No person shall drive a vehicle onto or from any controlled-access highway except
at such entrances and exits as are established by public authority.
(b)
Whoever violates this section is guilty of a minor misdemeanor on a first offense;
on a second offense within one year after the first offense, the person is guilty of a misdemeanor
of the fourth degree; on each subsequent offense within one year after the first offense, the person
is guilty of a misdemeanor of the third degree.
331.33 OBSTRUCTING INTERSECTION, CROSSWALK OR GRADE
CROSSING.
(a)
No driver shall enter an intersection or marked crosswalk or drive onto any railroad
grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or
grade crossing to accommodate the vehicle the driver is operating without obstructing the passage
of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal
indication to proceed.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.712)
331.34 FAILURE TO CONTROL; WEAVING; FULL TIME AND
ATTENTION.
(a)
No person shall operate a vehicle without exercising reasonable and ordinary
control over such vehicle.
(b)
No person shall operate a vehicle in a weaving or zigzag course unless such
irregular course is necessary for safe operation or in compliance with law.
2015 Replacement
59
Operation Generally
331.36
(c)
No person shall operate a vehicle without giving his full time and attention to the
operation of such vehicle.
(d)
Whoever violates this section is guilty of a minor misdemeanor on a first offense;
on a second offense within one year after the first offense, the person is guilty of a misdemeanor
of the fourth degree; on each subsequent offense within one year after the first offense, the person
is guilty of a misdemeanor of the third degree.
331.341 TEXT MESSAGING WHILE DRIVING.
EDITOR’S NOTE: Former Section 331.341 has been replaced by Sections 333.13 and
335.032 to comply with State law.
331.35 OCCUPYING A MOVING TRAILER OR MANUFACTURED
OR MOBILE HOME.
(a)
No person shall occupy any travel trailer or manufactured or mobile home while
it is being used as a conveyance upon a street or highway.
(b)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.701)
331.36 SQUEALING TIRES, "PEELING," CRACKING EXHAUST NOISES.
(a)
No person shall unnecessarily race the motor of any vehicle and no person shall
operate any motor vehicle, except in an emergency, in such a manner that the vehicle is so rapidly
accelerated or started from a stopped position that the exhaust system emits a loud, cracking or
chattering noise unusual to its normal operation, or whereby the tires of such vehicle squeal or
leave tire marks on the roadway, commonly called "peeling".
(b)
Whoever violates this section is guilty of a minor misdemeanor on a first offense;
on a second offense within one year after the first offense, the person is guilty of a misdemeanor
of the fourth degree; on each subsequent offense within one year after the first offense, the person
is guilty of a misdemeanor of the third degree.
2015 Replacement
331.37
TRAFFIC CODE
60
331.37 DRIVING UPON SIDEWALKS, STREET LAWNS OR CURBS.
(a)
No person shall drive any vehicle, other than a bicycle, upon a sidewalk or sidewalk
area except upon a permanent or duly authorized temporary driveway. (ORC 4511.711)
(b)
No person shall drive a vehicle on a street lawn area or the curb of a street, except
upon a permanent or duly authorized temporary driveway or when otherwise lawfully authorized.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.711)
331.38 STOPPING FOR SCHOOL BUS; DISCHARGING CHILDREN.
(a)
The driver of a vehicle upon meeting or overtaking from either direction any school
bus stopped for the purpose of receiving or discharging any school child, person attending
programs offered by community boards of mental health and County boards of developmental
disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet
from the front or rear of the school bus and shall not proceed until such school bus resumes
motion, or until signaled by the school bus driver to proceed.
It is no defense to a charge under this subsection (a) hereof that the school bus involved
failed to display or be equipped with an automatically extended stop warning sign as required by
subsection (b) hereof.
(b)
Every school bus shall be equipped with amber and red visual signals meeting the
requirements of Ohio R.C. 4511.771, and an automatically extended stop warning sign of a type
approved by the State Board of Education, which shall be actuated by the driver of the bus
whenever but only whenever the bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending programs offered by community
boards of mental health and County boards of developmental disabilities, or children attending
programs offered by head start agencies. A school bus driver shall not actuate the visual signals
or the stop warning sign in designated school bus loading areas where the bus is entirely off the
roadway or at school buildings when children or persons attending programs offered by
community boards of mental health and County boards of developmental disabilities are loading
or unloading at curbside or at buildings when children attending programs offered by head start
agencies are boarding or unloading at curbside. The visual signals and stop warning sign shall be
synchronized or otherwise operated as required by rule of the Board.
(c)
Where a highway has been divided into four or more traffic lanes, a driver of a
vehicle need not stop for a school bus approaching from the opposite direction which has stopped
for the purpose of receiving or discharging any school child, persons attending programs offered
by community boards of mental health and County boards of developmental disabilities, or
children attending programs offered by head start agencies. The driver of any vehicle overtaking
the school bus shall comply with subsection (a) hereof.
2015 Replacement
61
Operation Generally
331.39
(d)
School buses operating on divided highways or on highways with four or more
traffic lanes shall receive and discharge all school children, persons attending programs offered
by community boards of mental health and County boards of developmental disabilities, and
children attending programs offered by head start agencies on their residence side of the highway.
(e)
No school bus driver shall start the driver’s bus until after any child, person
attending programs offered by community boards of mental health and County boards of
developmental disabilities, or child attending a program offered by a head start agency who may
have alighted therefrom has reached a place of safety on the child or person’s residence side of the
road.
(f)
As used in this section:
(1)
“Head start agency” has the same meaning as in Ohio R.C. 3301.32.
(2)
“School bus”, as used in relation to children who attend a program offered
by a head start agency, means a bus that is owned and operated by a head
start agency, is equipped with an automatically extended stop warning sign
of a type approved by the State Board of Education, is painted the color and
displays the markings described in Ohio R.C. 4511.77, and is equipped
with amber and red visual signals meeting the requirements of Ohio R.C.
4511.771, irrespective of whether or not the bus has fifteen or more
children aboard at any time. “School bus” does not include a van owned
and operated by a head start agency, irrespective of its color, lights, or
markings.
(g)
(1)
(2)
Whoever violates subsection (a) of this section may be fined an amount not
to exceed five hundred dollars ($500.00). A person who is issued a citation
for a violation of subsection (a) of this section is not permitted to enter a
written plea of guilty and waive the person’s right to contest the citation in
a trial but instead must appear in person in the proper court to answer the
charge.
In addition to and independent of any other penalty provided by law, the
court or mayor may impose upon an offender who violates this section a
class seven suspension of the offender’s driver’s license, commercial
driver’s license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division (a)(7)
of Ohio R.C. 4510.02. When a license is suspended under this section, the
court or mayor shall cause the offender to deliver the license to the court,
and the court or clerk of the court immediately shall forward the license to
the Registrar of Motor Vehicles, together with notice of the court’s action.
(ORC 4511.75)
331.39 ERECTION OF STOP SIGNS ON PRIVATE ROADS AND
DRIVEWAYS; ENFORCEMENT.
(a)
The owner of a private road or driveway located in a private residential area
containing twenty or more dwelling units may erect stop signs at places where the road or
driveway intersects with another private road or driveway in the residential area, in compliance
with all of the following requirements:
(1)
The stop sign is sufficiently legible to be seen by an ordinarily observant
person and meets the specifications of and is placed in accordance with the
manual adopted by the Department of Transportation pursuant to Ohio R.C.
4511.09;
2015 Replacement
331.40
TRAFFIC CODE
(2)
62
The owner has posted a sign at the entrance of the private road or driveway
that is in plain view and clearly informs persons entering the road or
driveway that they are entering private property, stop signs have been
posted and shall be obeyed, and the signs are enforceable by law
enforcement officers under State or municipal law. The sign required by
this section, where appropriate, may be incorporated with the sign required
by Section 333.10.
(b)
Sections 331.19 and 371.01 shall be deemed to apply to the driver of a vehicle on
a private road or driveway where a stop sign is placed in accordance with subsection (a) hereof
and to a pedestrian crossing such a road or driveway at an intersection where a stop sign is in
place.
(c)
When a stop sign is placed in accordance with subsection (a) hereof, any law
enforcement officer may apprehend a person found violating the stop sign and may stop and charge
the person with violating the stop sign.
(d)
As used in this section, and for the purpose of applying Sections 331.19 and 371.01
to conduct under this section:
(1)
“Intersection” means:
A.
The area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of the
roadways of two private roads or driveways which join one another
at, or approximately at, right angles, or the area within which
vehicles traveling upon different private roads or driveways joining
at any other angle may come in conflict.
B.
Where a private road or driveway includes two roadways thirty feet
or more apart, then every crossing of two roadways of such private
roads or driveways shall be regarded as a separate intersection.
(2)
“Roadway” means that portion of a private road or driveway improved,
designed or ordinarily used for vehicular travel, except the berm or
shoulder. If a private road or driveway includes two or more separate
roadways, the term “roadway” means any such roadway separately but not
all such roadways collectively.
(3)
“Owner” and “private residential area containing twenty or more dwelling
units” have the same meanings as in Section 333.10.
(Ord. 90-88. Passed 10-15-90.)
(e)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
331.40 EARPHONES OR EARPLUGS ON OPERATOR PROHIBITED;
EXCEPTIONS.
(a)
No person shall operate a motor vehicle while wearing earphones over, or earplugs
in, one or both ears. As used herein, “earphones” means any headset, radio, tape, disc or cassette
player, or other similar device that provides to or is capable of providing the person with radio
programs, music or other recorded information through a device attached to the head and that
covers all or a portion of one or both ears. “Earphones” do not include speakers or other listening
devices that are a component of protective headgear.
2015 Replacement
63
Operation Generally
331.42
(b)
The provisions of this section do not apply to any person wearing a hearing aid or
when wearing earphones over or earplugs in one or both ears as a part of the normal function of
such person’s employment or when required by any safety law, requirement, rule or regulation
applicable to employees while in the course of employment.
(Ord. 91-70. Passed 7-1-91.)
(c)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
331.41 SHORTCUTTING AT INTERSECTIONS.
(a)
No person, being the operator of a motor vehicle, shall enter upon private property
for the purpose of driving across such property between the abutting streets thereof. Driving on
such property without stopping for the purpose of the business thereon shall be prima-facie
evidence of a violation of this section.
(Ord. 78-27. Passed 6-19-78.)
(c)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
331.41 SHORTCUTTING AT INTERSECTIONS.
(a)
No person, being the operator of a motor vehicle, shall enter upon private property
for the purpose of driving across such property between the abutting streets thereof. Driving on
such property without stopping for the purpose of the business thereon shall be prima-facie
evidence of a violation of this section.
(Ord. 78-27. Passed 6-19-78.)
(b)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
331.42 LITTERING FROM MOTOR VEHICLE.
(a)
No operator or occupant of a motor vehicle shall, regardless of intent, throw, drop,
discard or deposit litter from any motor vehicle in operation upon any street, road or highway,
except into a litter receptacle in a manner that prevents its being carried away or deposited by the
elements.
(b)
No operator of a motor vehicle in operation upon any street, road or highway shall
allow litter to be thrown, dropped, discarded or deposited from the motor vehicle, except into a
litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(c)
As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans,
bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or anything else of an
unsightly or unsanitary nature.
(d)
Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4511.82)
2015 Replacement
331.43
TRAFFIC CODE
64
331.43 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE
IN WATER LEVEL.
(a)
No person shall operate a vehicle on or onto a public street or highway that is
temporarily covered by a rise in water level, including groundwater or an overflow of water, and
that is clearly marked by a sign that specifies that the road is closed due to the rise in water level
and that any person who uses the closed portion of the road may be fined up to two thousand
dollars ($2,000).
(b)
A person who is issued a citation for a violation of subsection (a) hereof is not
permitted to enter a written plea of guilty and waive the person’s right to contest the citation in
court, but instead must appear in person in the proper court to answer the charge.
(c)
(1)
(2)
(d)
As used in this section:
(1)
“Emergency medical service organization”, “firefighting agency” and
“private fire company” have the same meanings as in Ohio R.C. 9.60.
(2)
“Rescuer” means a state agency, political subdivision, firefighting service,
private fire company, or emergency medical service organization.
(ORC 4511.714.)
2015 Replacement
Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.
In addition to the financial sanctions authorized or required under Section
501.99 and to any costs otherwise authorized or required under any
provision of law, the court imposing the sentence upon an offender who is
convicted of or pleads guilty to a violation of subsection (a) hereof shall
order the offender to reimburse one or more rescuers for the cost any such
rescurer incurred in rescuing the person, excluding any cost of transporting
the rescued person to a hospital or other facility for treatment of injuries,
up to a cumulative maximum of two thousand dollars ($2,000). If more
than one rescuer was involved in the emergency response, the court shall
allocate the reimbursement proportionately, according to the cost each
rescuer incurred. A financial sanction imposed under this section is a
judgment in favor of the rescuer and, subject to a determination of
indigency under division (B) of Ohio R.C. 2929.28, a rescuer may collect
the financial sanction in the same manner as provided in Ohio R.C.
2929.28.
65
CHAPTER 333
OVI; Willful Misconduct; Speed
333.01 Driving or physical control
while under the influence.
333.02 Operation in willful or
wanton disregard of
safety.
333.03 Maximum speed limits;
assured clear distance
ahead.
333.031 Approaching a stationary public
safety, emergency, or road
service vehicle.
333.04 Stopping vehicle; slow speed;
posted minimum speeds.
333.05 Speed limitations over bridges.
333.06 Speed exceptions for
emergency or safety vehicles.
333.07 Street racing prohibited.
333.08 Operation without
reasonable control.
333.09 Reckless operation on
streets, public or
private property.
333.10 Speed limits on private roads
and driveways; enforcement.
333.11 Police on Patrol Arresting
Speeders (POPAS).
333.12 Operation in violation of
immobilization order.
333.13 Texting while driving prohibited.
CROSS REFERENCES
See sectional histories for similar State law
Drug of abuse defined - see Ohio R.C. 3719.011(A)
Alcohol defined - see Ohio R.C. 4301.01(B)(1)
Alteration of prima-facie speed limits - see Ohio R.C.
4511.21, 4511.22(B), 4511.23
Failure to control vehicle - see TRAF. 331.34
Walking on highway while under the influence - see TRAF. 371.09
333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE
INFLUENCE.
(a)
(1)
Operation Generally. No person shall operate any vehicle within this
Municipality, if, at the time of the operation, any of the following apply:
A.
The person is under the influence of alcohol, a drug of abuse, or
a combination of them.
B.
The person has a concentration of eight-hundredths of one per cent
or more but less than seventeen-hundredths of one per cent by
weight per unit volume of alcohol in the person’s whole blood.
C.
The person has a concentration of ninety-six-thousandths of one
per cent or more but less than two hundred four-thousandths of
one per cent by weight per unit volume of alcohol in the person’s
blood serum or plasma.
D.
The person has a concentration of eight-hundredths of one gram
or more but less than seventeen-hundredths of one gram by weight
of alcohol per two hundred ten liters of the person’s breath.
E.
The person has a concentration of eleven-hundredths of one gram
or more but less than two hundred thirty-eight-thousandths of one
gram by weight of alcohol per one hundred milliliters of the
person’s urine.
2015 Replacement
333.01
TRAFFIC CODE
F.
G.
H.
I.
J.
2015 Replacement
66
The person has a concentration of seventeen-hundredths of one per
cent or more by weight per unit volume of alcohol in the person’s
whole blood.
The person has a concentration of two hundred four-thousandths
of one per cent or more by weight per unit volume of alcohol in
the person’s blood serum or plasma.
The person has a concentration of seventeen-hundredths of one
gram or more by weight of alcohol per two hundred ten liters of
the person’s breath.
The person has a concentration of two hundred thirty-eightthousandths of one gram or more by weight of alcohol per one
hundred milliliters of the person’s urine.
Except as provided in subsection (m) of this section, the person
has a concentration of any of the following controlled substances
or metabolites of a controlled substance in the person’s whole
blood, blood serum or plasma, or urine that equals or exceeds any
of the following:
1.
The person has a concentration of amphetamine in the
person’s urine of at least five hundred nanograms of
amphetamine per milliliter of the person’s urine or has a
concentration of amphetamine in the person’s whole blood
or blood serum or plasma of at least one hundred
nanograms of amphetamine per milliliter of the person’s
whole blood or blood serum or plasma.
2.
The person has a concentration of cocaine in the person’s
urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person’s urine or has a concentration
of cocaine in the person’s whole blood or blood serum or
plasma of at least fifty nanograms of cocaine per milliliter
of the person’s whole blood or blood serum or plasma.
3.
The person has a concentration of cocaine metabolite in
the person’s urine of at least one hundred fifty nanograms
of cocaine metabolite per milliliter of the person’s urine or
has a concentration of cocaine metabolite in the person’s
whole blood or blood serum or plasma of at least fifty
nanograms of cocaine metabolite per milliliter of the
person’s whole blood or blood serum or plasma.
4.
The person has a concentration of heroin in the person’s
urine of at least two thousand nanograms of heroin per
milliliter of the person’s urine or has a concentration of
heroin in the person’s whole blood or blood serum or
plasma of at least fifty nanograms of heroin per milliliter
of the person’s whole blood or blood serum or plasma.
5.
The person has a concentration of heroin metabolite (6monoacetyl morphine) in the person’s urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine)
per milliliter of the person’s urine or has a concentration
of heroin metabolite (6-monoacetyl morphine) in the
person’s whole blood or blood serum or plasma of at least
ten nanograms of heroin metabolite (6-monoacetyl
morphine) per milliliter of the person’s whole blood or
blood serum or plasma.
67
OVI; Willful Misconduct; Speed
6.
7.
8.
9.
10.
11.
333.01
The person has a concentration of L.S.D. in the person’s
urine of at least twenty-five nanograms of L.S.D. per
milliliter of the person’s urine or a concentration of L.S.D.
in the person’s whole blood or blood serum or plasma of at
least ten nanograms of L.S.D. per milliliter of the person’s
whole blood or blood serum or plasma.
The person has a concentration of marihuana in the person’s
urine of at least ten nanograms of marihuana per milliliter of
the person’s urine or has a concentration of marihuana in the
person’s whole blood or blood serum or plasma of at least
two nanograms of marihuana per milliliter of the person’s
whole blood or blood serum or plasma.
Either of the following applies:
a.
The person is under the influence of alcohol, a drug
of abuse or a combination of them, and, as measured
by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite
in the person’s urine of at least fifteen nanograms of
marihuana metabolite per milliliter of the person’s
urine or has a concentration of marihuana metabolite
in the person’s whole blood or blood serum or
plasma of at least five nanograms of marihuana
metabolite per milliliter of the person’s whole blood
or blood serum or plasma.
b.
As measured by gas chromatography mass
spectrometry, the person has a concentration of
marihuana metabolite in the person’s urine of at least
thirty-five nanograms of marihuana metabolite per
milliliter of the person’s urine or has a concentration
of marihuana metabolite in the person’s whole blood
or blood serum or plasma of at least fifty nanograms
of marihuana metabolite per milliliter of the person’s
whole blood or blood serum or plasma.
The person has a concentration of methamphetamine in the
person’s urine of at least five hundred nanograms of
methamphetamine per milliliter of the person’s urine or has
a concentration of methamphetamine in the person’s whole
blood or blood serum or plasma of at least one hundred
nanograms of methamphetamine per milliliter of the person’s
whole blood or blood serum or plasma.
The person has a concentration of phencyclidine in the
person’s urine of at least twenty-five nanograms of
phencyclidine per milliliter of the person’s urine or has a
concentration of phencyclidine in the person’s whole blood
or blood serum or plasma of at least ten nanograms of
phencyclidine per milliliter of the person’s whole blood or
blood serum or plasma.
The State Board of Pharmacy has adopted a rule pursuant to
Ohio R.C. 4729.041 that specifies the amount of salvia
divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a
person’s urine, in a person’s whole blood, or in a person’s
blood serum or plasma at or above which the person is
impaired for purposes of operating any vehicle within this
2015 Replacement
333.01
TRAFFIC CODE
(2)
68
Municipality, the rule is in effect, and the person has a
concentration of salvia divinorum or salvinorin A of at least
that amount so specified by rule in the person’s urine, in the
person’s whole blood, or in the person’s blood serum or
plasma.
No person who, within twenty years of the conduct described in subsection
(a)(2)A. of this section, previously has been convicted of or pleaded guilty
to a violation of Ohio R.C. 4511.19(A) or (B), or any other equivalent
offense shall do both of the following:
A.
Operate any vehicle within this Municipality while under the
influence of alcohol, a drug of abuse or a combination of them;
B.
Subsequent to being arrested for operating the vehicle as described
in subsection (a)(2)A. of this section, being asked by a law
enforcement officer to submit to a chemical test or tests under Ohio
R.C. 4511.191, and being advised by the officer in accordance with
Ohio R.C. 4511.192 of the consequences of the person’s refusal or
submission to the test or tests, refuse to submit to the test or tests.
(b)
Operation After Under-Age Consumption. No person under twenty-one years of
age shall operate any vehicle within this Municipality, if, at the time of the operation, any of the
following apply:
(1)
The person has a concentration of at least two-hundredths of one per cent
but less than eight-hundredths of one per cent by weight per unit volume of
alcohol in the person’s whole blood.
(2)
The person has a concentration of at least three-hundredths of one per cent
but less than ninety-six-thousandths of one per cent by weight per unit
volume of alcohol in the person’s blood serum or plasma.
(3)
The person has a concentration of at least two-hundredths of one gram but
less than eight-hundredths of one gram by weight of alcohol per two
hundred ten liters of the person’s breath.
(4)
The person has a concentration of at least twenty-eight one-thousandths of
one gram but less than eleven-hundredths of one gram by weight of alcohol
per one hundred milliliters of the person’s urine.
(c)
One Conviction Limitation. In any proceeding arising out of one incident, a person
may be charged with a violation of subsection (a)(1)A. or (a)(2) and a violation of subsection
(b)(1), (2) or (3) of this section, but the person may not be convicted of more than one violation
of these subsections. (ORC 4511.99)
(d)
Physical Control.
(1)
As used in this subsection, “physical control” means being in the driver’s
position of the front seat of a vehicle and having possession of the vehicle’s
ignition key or other ignition device.
(2)
A.
No person shall be in physical control of a vehicle if, at the time of
the physical control, any of the following apply:
1.
The person is under the influence of alcohol, a drug of
abuse, or a combination of them.
2.
The person’s whole blood, blood serum or plasma, breath,
or urine contains at least the concentration of alcohol
specified in subsection (a)(1)B., C., D. or E. hereof.
2015 Replacement
69
OVI; Willful Misconduct; Speed
333.01
3.
B.
(3)
(e)
Except as provided in subsection (d)(3) of this section, the
person has a concentration of a listed controlled substance or
a listed metabolite of a controlled substance in the person’s
whole blood, blood serum or plasma, or urine that equals or
exceeds the concentration specified in subsection (a)(1)J.
hereof.
No person under twenty-one years of age shall be in physical
control of a vehicle while under the influence of alcohol, a drug of
abuse, or a combination of them or while the person’s whole blood,
blood serum or plasma, breath, or urine contains at least the
concentration of alcohol specified in subsection (b)(1) to (4) hereof.
Subsection (d)(2)A.3. of this section does not apply to a person who is in
physical control of a vehicle while the person has a concentration of a listed
controlled substance or a listed metabolite of a controlled substance in the
person’s whole blood, blood serum or plasma, or urine that equals or
exceeds the amount specified in subsection (a)(1)J. hereof, if both of the
following apply:
A.
The person obtained the controlled substance pursuant to a
prescription issued by a licensed health professional authorized to
prescribe drugs.
B.
The person injected, ingested, or inhaled the controlled substance in
accordance with the health professional’s directions.
Evidence; Tests.
(1)
A.
In any criminal prosecution or juvenile court proceeding for a
violation of (a)(1)A. of this section or for any equivalent offense,
that is vehicle-related the result of any test of any blood or urine
withdrawn and analyzed at any health care provider, as defined in
Ohio R.C. 2317.02, may be admitted with expert testimony to be
considered with any other relevant and competent evidence in
determining the guilt or innocence of the defendant.
B.
In any criminal prosecution or juvenile court proceeding for a
violation of subsection (a) or (b) of this section or for an equivalent
offense that is vehicle related, the court may admit evidence on the
concentration of alcohol, drugs of abuse, controlled substances,
metabolites of a controlled substance, or a combination of them in
the defendant’s whole blood, blood serum or plasma, breath, urine
or other bodily substance at the time of the alleged violation as
shown by chemical analysis of the substance withdrawn within three
hours of the time of the alleged violation. The three-hour time limit
specified in this subsection regarding the admission of evidence does
not extend or affect the two-hour time limit specified in Ohio R.C.
4511.192(A) as the maximum period of time during which a person
may consent to a chemical test or tests as described in that section.
2015 Replacement
333.01
TRAFFIC CODE
(2)
(3)
2015 Replacement
70
The court may admit evidence on the concentration of alcohol,
drugs of abuse, or a combination of them as described in this section
when a person submits to a blood, breath, urine or other bodily
substance test at the request of a law enforcement officer under Ohio
R.C. 4511.191, or a blood or urine sample is obtained pursuant to
a search warrant. Only a physician, a registered nurse, an
emergency medical technician-intermediate, an emergency medical
technician-paramedic or a qualified technician, chemist, or
phlebotomist shall withdraw a blood sample for the purpose of
determining the alcohol, drug, controlled substance, metabolite of
a controlled substance, or combination content of the whole blood,
blood serum, or blood plasma. This limitation does not apply to the
taking of breath or urine specimens. A person authorized to
withdraw blood under this subsection may refuse to withdraw blood
under this subsection, if in that person’s opinion, the physical
welfare of the person would be endangered by the withdrawing of
blood.
The bodily substance withdrawn under subsection (e)(1)B. hereof
shall be analyzed in accordance with methods approved by the
Director of Health by an individual possessing a valid permit issued
by the Director pursuant to Ohio R.C. 3701.143.
C.
As used in subsection (e)(1)B. of this section, “emergency medical
technician-intermediate” and “emergency medical technicianparamedic” have the same meanings as in Ohio R.C. 4765.01.
In a criminal prosecution or juvenile court proceeding for violation of
subsection (a) of this section or for an equivalent offense that is vehicle
related, if there was at the time the bodily substance was withdrawn a
concentration of less than the applicable concentration of alcohol specified
in subsections (a)(1)B., C., D. and E. of this section, or less than the
applicable concentration of a listed controlled substance or a listed
metabolite of a controlled substance specified for a violation of subsection
(a)(1)J. of this section, that fact may be considered with other competent
evidence in determining the guilt or innocence of the defendant. This
subsection does not limit or affect a criminal prosecution or juvenile court
proceeding for a violation of subsection (b) of this section or for an
equivalent offense that is substantially equivalent to that subsection.
Upon the request of the person who was tested, the results of the chemical
test shall be made available to the person or the person’s attorney,
immediately upon the completion of the chemical test analysis.
If the chemical test was obtained pursuant to subsection (e)(1)B. hereof, the
person tested may have a physician, a registered nurse, or a qualified
technician, chemist or phlebotomist of the person’s own choosing
administer a chemical test or tests, at the person’s expense, in addition to
71
OVI; Willful Misconduct; Speed
(4)
333.01
any administered at the request of a law enforcement officer. If the person
was under arrest as described in division (A)(5) of Ohio R.C. 4511.191, the
arresting officer shall advise the person at the time of the arrest that the
person may have an independent chemical test taken at the person’s own
expense. If the person was under arrest other than described in division
(A)(5) of Ohio R.C. 4511.191, the form to be read to the person to be
tested, as required under Ohio R.C. 4511.192, shall state that the person
may have an independent test performed at the person’s expense. The
failure or inability to obtain an additional chemical test by a person shall not
preclude the admission of evidence relating to the chemical test or tests
taken at the request of a law enforcement officer.
A.
As used in subsections (e)(4)B. and C. of this section, “national
highway traffic safety administration” means the National Traffic
Highway Safety Administration established as an administration of
the United States Department of Transportation under 96 Stat. 2415
(1983), 49 U.S.C.A. 105.
B.
In any criminal prosecution or juvenile court proceeding for a
violation of subsection (a), (b) or (d) of this section, of a municipal
ordinance relating to operating a vehicle while under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a
municipal ordinance relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite of
a controlled substance in the whole blood, blood serum or plasma,
breath or urine, if a law enforcement officer has administered a field
sobriety test to the operator or person in physical control of the
vehicle involved in the violation and if it is shown by clear and
convincing evidence that the officer administered the test in
substantial compliance with the testing standards for any reliable,
credible, and generally accepted field sobriety tests that were in
effect at the time the tests were administered, including, but not
limited to, any testing standards then in effect that were set by the
National Highway Traffic Safety Administration, all of the
following apply:
2015 Replacement
333.01
TRAFFIC CODE
72
1.
C.
(f)
The officer may testify concerning the results of the field
sobriety test so administered.
2.
The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings
in the criminal prosecution or juvenile court proceeding.
3.
If testimony is presented or evidence is introduced under
subsection (e)(4)B.1. or 2. of this section and if the
testimony or evidence is admissible under the Rules of
Evidence, the court shall admit the testimony or evidence
and the trier of fact shall give it whatever weight the trier of
fact considers to be appropriate.
Subsection (e)(4)B. of this section does not limit or preclude a
court, in its determination of whether the arrest of a person was
supported by probable cause or its determination of any other matter
in a criminal prosecution or juvenile court proceeding of a type
described in that subsection, from considering evidence or testimony
that is not otherwise disallowed by subsection (e)(4)B. of this
section. (ORC 4511.19; 4511.194)
Forensic Laboratory Reports.
(1)
Subject to subsection (f)(3) of this section, in any criminal prosecution or
juvenile court proceeding for a violation of subsection (a)(1)B., C., D., E.,
F., G., H., I., or J. or (b)(1), (2), (3) or (4) of this section or for an
equivalent offense that is substantially equivalent to any of those
subsections, a laboratory report from any laboratory personnel issued a
permit by the Department of Health authorizing an analysis as described in
this subsection that contains an analysis of the whole blood, blood serum or
plasma, breath, urine, or other bodily substance tested and that contains all
of the information specified in this subsection shall be admitted as primafacie evidence of the information and statements that the report contains.
The laboratory report shall contain all of the following:
A.
The signature, under oath, of any person who performed the
analysis;
B.
Any findings as to the identity and quantity of alcohol, a drug of
abuse, a controlled substance, a metabolite of a controlled
substance, or a combination of them that was found;
2015 Replacement
72A
OVI; Willful Misconduct; Speed
333.01
C.
(2)
(3)
A copy of a notarized statement by the laboratory director or a
designee of the director that contains the name of each certified
analyst or test performer involved with the report, the analyst’s or
test performer’s employment relationship with the laboratory that
issued the report, and a notation that performing an analysis of the
type involved is part of the analyst’s or test performer’s regular
duties;
D.
An outline of the analyst’s or test performer’s education, training,
and experience in performing the type of analysis involved and a
certification that the laboratory satisfies appropriate quality control
standards in general and, in this particular analysis, under rules of
the Department of Health.
Notwithstanding any other provision of law regarding the admission of
evidence, a report of the type described in subsection (f)(1) of this section
is not admissible against the defendant to whom it pertains in any
proceeding, other than a preliminary hearing or a grand jury proceeding,
unless the prosecutor has served a copy of the report on the defendant’s
attorney or, if the defendant has no attorney, on the defendant.
A report of the type described in subsection (f)(1) of this section shall not
be prima-facie evidence of the contents, identity, or amount of any
substance if, within seven days after the defendant to whom the report
pertains or the defendant’s attorney receives a copy of the report, the
defendant or the defendant’s attorney demands the testimony of the person
who signed the report. The judge in the case may extend the seven-day
time limit in the interest of justice.
(g)
Immunity From Liability For Withdrawing Blood. Except as otherwise provided
in this subsection, any physician, registered nurse, emergency medical technician-intermediate,
emergency medical technician-paramedic, or qualified technician, chemist, or phlebotomist who
withdraws blood from a person pursuant to this section or Ohio R.C. 4511.191 or 4511.192, and
any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this
section or Ohio R.C. 4511.191 or 4511.192, is immune from criminal liability and civil liability
based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for
any act performed in withdrawing blood from the person. The immunity provided in this
subsection also extends to an emergency medical service organization that employs an emergency
medical technician-intermediate or emergency medical technician-paramedic who withdraws blood
under this section. The immunity provided in this subsection is not available to a person who
withdraws blood if the person engaged in willful or wanton misconduct.
As used in this subsection, “emergency medical technician-intermediate” and “emergency
medical technician-paramedic” have the same meanings as in Ohio R.C. 4765.01.
(h)
General OVI Penalty.
(1)
Whoever violates any provision of subsections (a)(1)A. to I. or (a)(2) of this
section is guilty of operating a vehicle under the influence of alcohol, a
drug of abuse, or a combination of them. Whoever violates subsection
(a)(1)J. of this section is guilty of operating a vehicle while under the
influence of a listed controlled substance or a listed metabolite of a
controlled substance. The court shall sentence the offender for either
offense under Ohio R.C. Chapter 2929, and this Traffic Code, except as
otherwise authorized or required by subsections (h)(1)A. to E. of this
section:
2015 Replacement
333.01
TRAFFIC CODE
A.
2015 Replacement
72B
Except as otherwise provided in subsections (h)(1)B., C., D. or E.
of this section, the offender is guilty of a misdemeanor of the first
degree, and the court shall sentence the offender to all of the
following:
1.
If the sentence is being imposed for a violation of
subsections (a)(1)A., B., C., D., E., or J. of this section, a
mandatory jail term of three consecutive days. As used in
this subsection, three consecutive days means seventy-two
consecutive hours. The court may sentence an offender to
both an intervention program and a jail term. The court
may impose a jail term in addition to the three-day
mandatory jail term or intervention program. However, in
no case shall the cumulative jail term imposed for the
offense exceed six months.
The court may suspend the execution of the three-day jail
term under this subsection if the court, in lieu of that
suspended term, places the offender under a community
control sanction pursuant to Ohio R.C. 2929.25 and requires
the offender to attend, for three consecutive days, a drivers’
intervention program certified under Ohio R.C. 5119.38.
The court also may suspend the execution of any part of the
three-day jail term under this subsection if it places the
offender under a community control sanction pursuant to
Ohio R.C. 2929.25 for part of the three days, requires the
offender to attend for the suspended part of the term a
drivers’ intervention program so certified, and sentences the
offender to a jail term equal to the remainder of the three
consecutive days that the offender does not spend attending
the program. The court may require the offender, as a
condition of community control and in addition to the
required attendance at a drivers’ intervention program, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted
pursuant to Ohio R.C. Chapter 5119 by the Director of
Mental Health and Addiction Services that the operators of
the drivers’ intervention program determine that the offender
should attend and to report periodically to the court on the
offender’s progress in the programs. The court also may
impose on the offender any other conditions of community
control that it considers necessary.
73
OVI; Willful Misconduct; Speed
333.01
2.
B.
If the sentence is being imposed for a violation of subsection
(a)(1)F., G., H. or I. or (a)(2) of this section, except as
otherwise provided in this subsection, a mandatory jail term
of at least three consecutive days and a requirement that the
offender attend, for three consecutive days, a drivers’
intervention program that is certified pursuant to Ohio R.C.
5119.38. As used in this subsection, three consecutive days
means seventy-two consecutive hours.
If the court
determines that the offender is not conducive to treatment in
a drivers’ intervention program, if the offender refuses to
attend a drivers’ intervention program, or if the jail at which
the offender is to serve the jail term imposed can provide a
drivers’ intervention program, the court shall sentence the
offender to a mandatory jail term of at least six consecutive
days.
The court may require the offender, under a community
control sanction imposed under Ohio R.C. 2929.25, to
attend and satisfactorily complete any treatment or education
programs that comply with the minimum standards adopted
pursuant to Ohio R.C. Chapter 5119 by the Director of
Mental Health and Addiction Services, in addition to the
required attendance at drivers’ intervention program, that the
operators of the drivers’ intervention program determine that
the offender should attend and to report periodically to the
court on the offender’s progress in the programs. The court
also may impose any other conditions of community control
on the offender that it considers necessary.
3.
In all cases, a fine of not less than three hundred seventyfive dollars ($375.00) and not more than one thousand
seventy-five dollars ($1,075).
4.
In all cases, a class five license suspension of the offender’s
driver’s or commercial driver’s license or permit or
nonresident operating privilege from the range specified in
division (A)(5) of Ohio R.C. 4510.02. The court may grant
limited driving privileges relative to the suspension under
Ohio R.C. 4510.021 and 4510.13.
Except as otherwise provided in subsection (h)(1)E. of this section,
an offender who, within six years of the offense, previously has
been convicted of or pleaded guilty to one violation of subsection (a)
or (b) of this section or one other equivalent offense is guilty of a
misdemeanor of the first degree. The court shall sentence the
offender to all of the following:
1.
If the sentence is being imposed for a violation of subsection
(a)(1)A., B., C., D., E., or J. of this section, a mandatory
jail term of ten consecutive days. The court shall impose the
ten-day mandatory jail term under this subsection unless,
subject to subsection (h)(3) of this section, it instead imposes
a sentence under that subsection consisting of both a jail
term and a term of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court
may impose a jail term in addition to the ten-day mandatory
jail term. The cumulative jail term imposed for the offense
shall not exceed six months.
2015 Replacement
333.01
TRAFFIC CODE
2.
3.
4.
2015 Replacement
74
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or
both types of monitoring and jail term, the court shall
require the offender to be assessed by a community addiction
services provider that is authorized by Ohio R.C. 5119.21,
subject to subsection (k) of this section, and shall order the
offender to follow the treatment recommendations of the
services provider. The purpose of the assessment is to
determine the degree of the offender’s alcohol usage and to
determine whether or not treatment is warranted. Upon the
request of the court, the services provider shall submit the
results of the assessment to the court, including all treatment
recommendations and clinical diagnoses related to alcohol
use.
If the sentence is being imposed for a violation of subsection
(a)(1)F., G., H. or I. or (a)(2) of this section, except as
otherwise provided in this subsection, a mandatory jail term
of twenty consecutive days. The court shall impose the
twenty-day mandatory jail term under this subsection unless,
subject to subsection (h)(3) of this section, it instead imposes
a sentence under that subsection consisting of both a jail
term and a term of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court
may impose a jail term in addition to the twenty-day
mandatory jail term. The cumulative jail term imposed for
the offense shall not exceed six months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or
both types of monitoring and jail term, the court shall
require the offender to be assessed by a community addiction
services provider that is authorized by Ohio R.C. 5119.21,
subject to subsection (k) of this section, and shall order the
offender to follow the treatment recommendations of the
services provider. The purpose of the assessment is to
determine the degree of the offender’s alcohol usage and to
determine whether or not treatment is warranted. Upon the
request of the court, the services provider shall submit the
results of the assessment to the court, including all treatment
recommendations and clinical diagnoses related to alcohol
use.
In all cases, notwithstanding the fines set forth in Section
303.99, a fine of not less than five hundred twenty-five
dollars ($525.00) and not more than one thousand six
hundred twenty-five dollars ($1,625).
In all cases, a class four license suspension of the offender’s
driver’s license, commercial driver’s license, temporary
instruction permit, probationary license, or nonresident
operating privilege from the range specified in division
(A)(4) of Ohio R.C. 4510.02. The court may grant limited
driving privileges relative to the suspension under Ohio R.C.
4510.021 and 4510.13. (ORC 4511.19)
75
OVI; Willful Misconduct; Speed
333.01
5.
C.
In all cases, if the vehicle is registered in the offender’s
name, immobilization of the vehicle involved in the offense
for ninety days in accordance with Ohio R.C. 4503.233 and
impoundment of the license plates of that vehicle for ninety
days. (ORC 4511.193)
Except as otherwise provided in subsection (h)(1)E. of this section,
an offender who, within six years of the offense, previously has
been convicted of or pleaded guilty to two violations of subsection
(a) or (b) of this section or other equivalent offenses is guilty of a
misdemeanor. The court shall sentence the offender to all of the
following:
1.
If the sentence is being imposed for a violation of subsection
(a)(1)A., B., C., D., E., or J. of this section, a mandatory
jail term of thirty consecutive days. The court shall impose
the thirty-day mandatory jail term under this subsection
unless, subject to subsection (h)(3) of this section, it instead
imposes a sentence under that subsection consisting of both
a jail term and a term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with
both electronic monitoring and continuous alcohol
monitoring. The court may impose a jail term in addition
to the thirty-day mandatory jail term. Notwithstanding the
jail terms set forth in Section 303.99, the additional jail term
shall not exceed one year, and the cumulative jail term
imposed for the offense shall not exceed one year.
2.
If the sentence is being imposed for a violation of subsection
(a)(1)F., G., H. or I. or (a)(2) of this section, a mandatory
jail term of sixty consecutive days. The court shall impose
the sixty-day mandatory jail term under this subsection
unless, subject to subsection (h)(3) of this section, it instead
imposes a sentence under that subsection consisting of both
a jail term and a term of electronically monitored house
arrest with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
The court may impose a jail term in addition to the sixty-day
mandatory jail term.
Notwithstanding the terms of
imprisonment set forth in Section 303.99, the additional jail
term shall not exceed one year, and the cumulative jail term
imposed for the offense shall not exceed one year.
3.
In all cases, notwithstanding the fines set forth in Section
303.99, a fine of not less than eight hundred fifty dollars
($850.00) and not more than two thousand seven hundred
fifty dollars ($2,750).
4.
In all cases, a class three license suspension of the offender’s
driver’s license, commercial driver’s license, temporary
instruction permit, probationary license, or nonresident
operating privilege from the range specified in division
(A)(3) of Ohio R.C. 4510.02. The court may grant limited
driving privileges relative to the suspension under Ohio R.C.
4510.021 and 4510.13. (ORC 4511.19)
2015 Replacement
333.01
TRAFFIC CODE
5.
(2)
(3)
2015 Replacement
76
In all cases, if the vehicle is registered in the offender’s
name, criminal forfeiture of the vehicle involved in the
offense in accordance with Ohio R.C. 4503.234. Subsection
(h)(5) of this section applies regarding any vehicle that is
subject to an order of criminal forfeiture under this
subsection. (ORC 4511.193)
6.
In all cases, the court shall order the offender to participate
with a community addiction services provider authorized by
Ohio R.C. 5119.21, subject to subsection (k) of this section,
and shall order the offender to follow the treatment
recommendations of the services provider. The operator of
the services provider shall determine and assess the degree
of the offender’s alcohol dependency and shall make
recommendations for treatment. Upon the request of the
court, the services provider shall submit the results of the
assessment to the court, including all treatment
recommendations and clinical diagnoses related to alcohol
use.
D.
Except as otherwise provided in subsection (h)(1)E. of this section,
an offender who, within six years of the offense, previously has
been convicted of or pleaded guilty to three or four violations of
subsection (a) or (b) of this section or other equivalent offenses or
an offender who, within twenty years of the offense, previously has
been convicted of or pleaded guilty to five or more violations of that
nature is guilty of a felony of the fourth degree and shall be
prosecuted under appropriate state law.
E.
An offender who previously has been convicted of or pleaded guilty
to a violation of Ohio R.C. 4511.19(A) that was a felony, regardless
of when the violation and the conviction or guilty plea occurred, is
guilty of a felony of the third degree and shall be prosecuted under
appropriate state law.
An offender who is convicted of or pleads guilty to a violation of subsection
(a) of this section and who subsequently seeks reinstatement of the driver’s
or occupational driver’s license or permit or nonresident operating privilege
suspended under this section as a result of the conviction or guilty plea shall
pay a reinstatement fee as provided in division (F)(2) of Ohio R.C.
4511.191.
If an offender is sentenced to a jail term under subsection (h)(1)B.1. or 2.
or (h)(1)C.1. or 2. of this section and if, within sixty days of sentencing of
the offender, the court issues a written finding on the record that, due to the
unavailability of space at the jail where the offender is required to serve the
term, the offender will not be able to begin serving that term within the
sixty-day period following the date of sentencing, the court may impose an
alternative sentence under this subsection that includes a term of house
arrest with electronic monitoring, with continuous alcohol monitoring, or
with both electronic monitoring and continuous alcohol monitoring.
77
OVI; Willful Misconduct; Speed
(4)
333.01
As an alternative to a mandatory jail term of ten consecutive days required
by subsection (h)(1)B.1. of this section, the court, under this subsection,
may sentence the offender to five consecutive days in jail and not less than
eighteen consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The cumulative total of the five consecutive
days in jail and the period of house arrest with electronic monitoring,
continuous alcohol monitoring, or both types of monitoring shall not exceed
six months. The five consecutive days in jail do not have to be served prior
to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of twenty consecutive days
required by subsection (h)(1)B.2. of this section, the court, under this
subsection, may sentence the offender to ten consecutive days in jail and not
less than thirty-six consecutive days of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The cumulative total of the
ten consecutive days in jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring or both types of monitoring
shall not exceed six months. The ten consecutive days in jail do not have
to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty consecutive days
required by subsection (h)(1)C.1. of this section, the court, under this
subsection, may sentence the offender to fifteen consecutive days in jail and
not less than fifty-five consecutive days of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The cumulative total of the
fifteen consecutive days in jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring or both types of monitoring
shall not exceed one year. The fifteen consecutive days in jail do not have
to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty consecutive days
required by subsection (h)(1)C.2. of this section, the court, under this
subsection, may sentence the offender to thirty consecutive days in jail and
not less than one hundred ten consecutive days of house arrest with
electronic monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring. The cumulative
total of the thirty consecutive days in jail and the period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both types of
monitoring shall not exceed one year. The thirty consecutive days in jail
do not have to be served prior to or consecutively to the period of house
arrest.
If an offender’s driver’s or occupational driver’s license or permit or
nonresident operating privilege is suspended under subsection (h) of this
section and if Ohio R.C. 4510.13 permits the court to grant limited driving
privileges, the court may grant the limited driving privileges in accordance
with that section. If division (A)(7) of that section requires that the court
impose as a condition of the privileges that the offender must display on the
vehicle that is driven subject to the privileges restricted license plates that
are issued under Ohio R.C. 4503.231, except as provided in division (B)
of that section, the court shall impose that condition as one of the conditions
of the limited driving privileges granted to the offender, except as provided
in division (B) of Ohio R.C. 4503.231.
2015 Replacement
333.01
TRAFFIC CODE
(5)
(6)
(7)
78
If title to a motor vehicle that is subject to an order of criminal forfeiture
under this section is assigned or transferred and division (B)(2) or (3) of
Ohio R.C. 4503.234 applies, in addition to or independent of any other
penalty established by law, the court may fine the offender the value of the
vehicle as determined by publications of the national auto dealers
association. The proceeds of any fine so imposed shall be distributed in
accordance with division (C)(2) of that section.
In all cases in which an offender is sentenced under subsection (h) of this
section, the offender shall provide the court with proof of financial
responsibility as defined in Ohio R.C. 4509.01. If the offender fails to
provide that proof of financial responsibility, the court, in addition to any
other penalties provided by law, may order restitution pursuant to Ohio
R.C. 2929.18 or 2929.28 in an amount not exceeding five thousand dollars
($5,000) for any economic loss arising from an accident or collision that
was the direct and proximate result of the offender’s operation of the
vehicle before, during or after committing the offense for which the
offender is sentenced under subsection (h) of this section.
As used in subsection (h) of this section, “electronic monitoring”,
“mandatory prison term” and “mandatory term of local incarceration” have
the same meanings as in Ohio R.C. 2929.01.
(i)
Vehicle Operation After Underage Alcohol Consumption Penalty. Whoever
violates subsection (b) of this section is guilty of operating a vehicle after underage alcohol
consumption and shall be punished as follows:
(1)
Except as otherwise provided in subsection (i)(2) of this section, the
offender is guilty of a misdemeanor of the fourth degree. In addition to any
other sanction imposed for the offense, the court shall impose a class six
suspension of the offender’s driver’s license, commercial driver’s license,
temporary instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(6) of Ohio R.C. 4510.02.
(2)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one or more violations of subsection (a)
or (b) of this section or other equivalent offenses, the offender is guilty of
a misdemeanor of the third degree. In addition to any other sanction
imposed for the offense, the court shall impose a class four suspension of
the offender’s driver’s license, commercial driver’s license, temporary
instruction permit, probationary license, or nonresident operating privilege
from the range specified in division (A)(4) of Ohio R.C. 4510.02.
(3)
If the offender also is convicted of or also pleads guilty to a specification of
the type described in Ohio R.C. 2941.1416 and if the court imposes a jail
term for the violation of subsection (b) of this section, the court shall
impose upon the offender an additional definite jail term pursuant to
division (E) of Ohio R.C. 2929.24.
(4)
The offender shall provide the court with proof of financial responsibility
as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof
of financial responsibility, then, in addition to any other penalties provided
by law, the court may order restitution pursuant to Ohio R.C. 2929.28, in
an amount not exceeding five thousand dollars ($5,000) for any economic
loss arising from an accident or collision that was the direct and proximate
result of the offender’s operation of the vehicle before, during or after
committing the violation of subsection (b) of this section.
(ORC 4511.19)
2015 Replacement
78A
OVI; Willful Misconduct; Speed
333.01
(j)
Physical Control Penalty. Whoever violates subsection (d) hereof is guilty of
having physical control of a vehicle while under the influence, a misdemeanor of the first degree.
In addition to other sanctions imposed, the court may impose on the offender a class seven
suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction
permit, probationary license, or nonresident operating privilege from the range specified in
division (A)(7) of Ohio R.C. 4510.02. (ORC 4511.194)
(k)
Compliance With Ohio R.C. Chapter 5119 Standards.
(1)
No court shall sentence an offender to an alcohol treatment program under
this section unless the treatment program complies with the minimum
standards for alcohol treatment programs adopted under Ohio R.C. Chapter
5119 by the Director of Mental Health and Addiction Services.
(2)
An offender who stays in a driver’s intervention program or in an alcohol
treatment program under an order issued under this section shall pay the
cost of the stay in the program. However, if the court determines that an
offender who stays in an alcohol treatment program under an order issued
under this section is unable to pay the cost of the stay in the program, the
court may order that the cost be paid from the court’s indigent drivers’
alcohol treatment fund.
(l)
Appeal Does Not Stay Operation of License Suspension. If a person whose driver’s
or commercial driver’s license or permit or nonresident operating privilege is suspended under this
section files an appeal regarding any aspect of the person’s trial or sentence, the appeal itself does
not stay the operation of the suspension.
(m)
Subsection (a)(1)J. of this section does not apply to a person who operates a vehicle
while the person has a concentration of a listed controlled substance or a listed metabolite of a
controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or
exceeds the amount specified in that subsection, if both of the following apply:
(1)
The person obtained the controlled substance pursuant to a prescription
issued by a licensed health professional authorized to prescribe drugs.
(2)
The person injected, ingested, or inhaled the controlled substance in
accordance with the health professional’s directions.
(n)
The prohibited concentrations of a controlled substance or a metabolite of a
controlled substance listed in subsection (a)(1)J. of this section also apply in a prosecution of a
violation of Ohio R.C. 2923.16(D) in the same manner as if the offender is being prosecuted for
a prohibited concentration of alcohol.
(o)
Conflict of Terms. All terms defined in Ohio R.C. 4510.01 apply to this section.
If the meaning of a term defined in Ohio R.C . 4510.01 conflicts with the meaning of the same
term as defined in Ohio R.C. 4501.01 or this Traffic Code, the term as defined in Ohio R.C.
4510.01 applies to this section. (ORC 4511.19)
2015 Replacement
333.02
TRAFFIC CODE
78B
(p)
Indigent Drivers Alcohol Treatment Fund. Twenty-five dollars ($25.00) of any fine
imposed for a violation of subsection (a) hereof shall be deposited into the municipal or county
indigent drivers alcohol treatment fund pursuant to Ohio R.C. 4511.193.
(ORC 4511.193)
(q)
Definitions. As used in this section:
(1)
“Equivalent offense” means any of the following:
A.
A violation of division (A) or (B) of Ohio R.C. 4511.19;
B.
A violation of a municipal OVI ordinance;
C.
A violation of Ohio R.C. 2903.04 in a case in which the offender
was subject to the sanctions described in division (D) of that section;
D.
A violation of division (A)(1) of Ohio R.C. 2903.06 or 2903.08 or
a municipal ordinance that is substantially equivalent to either of
those divisions;
E.
A violation of division (A)(2), (3) or (4) of Ohio R.C. 2903.06,
division (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C.
2903.07, or a municipal ordinance that is substantially equivalent to
any of those divisions or that former section, in a case in which a
judge or jury as the trier of fact found that the offender was under
the influence of alcohol, a drug of abuse, or a combination of them;
F.
A violation of division (A) or (B) of Ohio R.C. 1547.11;
G.
A violation of a municipal ordinance prohibiting a person from
operating or being in physical control of any vessel underway or
from manipulating any water skis, aquaplane or similar device on
the waters of this State while under the influence of alcohol, a drug
of abuse, or a combination of them or prohibiting a person from
operating or being in physical control of any vessel underway or
from manipulating any water skis, aquaplane or similar device on
the waters of this State with a prohibited concentration of alcohol,
a controlled substance, or a metabolite of a controlled substance in
the whole blood, blood serum or plasma, breath or urine;
H.
A violation of an existing or former municipal ordinance, law of
another state, or law of the United States that is substantially
equivalent to division (A) or (B) of Ohio R.C. 4511.19 or division
(A) or (B) or Ohio R.C. 1547.11;
I.
A violation of a former law of this State that was substantially
equivalent to division (A) or (B) of Ohio R.C. 4511.19 or division
(A) or (B) of Ohio R.C. 1547.11;
(2)
“Mandatory jail term” means the mandatory term in jail of three, six, ten,
twenty, thirty, or sixty days that must be imposed under subsection
(h)(1)A., B. or C. upon an offender convicted of a violation of subsection
(a) hereof and in relation to which all of the following apply:
A.
Except as specifically authorized under this section, the term must
be served in a jail.
B.
Except as specifically authorized under this section, the term cannot
be suspended, reduced or otherwise modified pursuant to Ohio R.C.
2929.21 to 2929.28, or any other provision of the Ohio Revised
Code.
2015 Replacement
78C
OVI; Willful Misconduct; Speed
(3)
(4)
(5)
(6)
333.03
“Municipal OVI ordinance” and “municipal OVI offense” mean any
municipal ordinance prohibiting a person from operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination of them
or prohibiting a person from operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite of a
controlled substance in the whole blood, blood serum, or plasma, breath or
urine.
“Community residential sanction”, “continuous alcohol monitoring”, “jail”,
“mandatory prison term”, “mandatory term of local incarceration”,
“sanction” and “prison term” have the same meanings as in Ohio R.C.
2929.01.
“Drug of abuse” has the same meaning as in Ohio R.C. 4506.01.
“Equivalent offense that is vehicle-related” means an equivalent offense that
is any of the following:
A.
A violation described in subsection (q)(1), (2), (3), (4) or (5)
hereof;
B.
A violation of an existing or former municipal ordinance, law of
another state, or law of the United States that is substantially
equivalent to division (A) or (B) of Ohio R.C. 4511.19;
C.
A violation of a former law of this state that was substantially
equivalent to division (A) or (B) of Ohio R.C. 4511.19.
(ORC 4511.181)
333.02 OPERATION IN WILLFUL OR WANTON DISREGARD OF SAFETY.
(a)
No person shall operate a vehicle on any street or highway in willful or wanton
disregard of the safety of persons or property. (ORC 4511.20)
(b)
No person shall operate a vehicle on any public or private property other than
streets or highways, in willful or wanton disregard of the safety of persons or property.
This subsection does not apply to the competitive operation of vehicles on public or private
property when the owner of such property knowingly permits such operation thereon.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.201)
(d)
No person, without privilege to do so, shall, by the use of a motor vehicle or
motorcycle, recklessly destroy or otherwise injure or damage land of another or a vine, bush,
shrub, sapling, tree or crop standing or growing on land of another or upon public land, nor
destroy or otherwise injure or damage a tree lawn of another or on public land.
(Ord. 83-20. Passed 3-21-83.)
(e)
Whoever violates Section 333.02(d) is guilty of a misdemeanor of the first degree
in addition to the license suspension or revocation provided in Ohio R.C. 4507.16 and 4507.162.
(Ord. 80-63. Passed 9-15-80.)
333.03 MAXIMUM SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD.
(a)
No person shall operate a motor vehicle at a speed greater or less than is reasonable
or proper, having due regard to the traffic, surface and width of the street or highway and any
other conditions, and no person shall drive any motor vehicle in and upon any street or highway
2015 Replacement
333.03
TRAFFIC CODE
78D
at a greater speed than will permit the person to bring it to a stop within the assured clear distance
ahead.
(b)
It is prima-facie lawful, in the absence of a lower limit declared pursuant to Ohio
R.C. 4511.21 by the Ohio Director of Transportation or Council, for the operator of a motor
vehicle to operate the same at a speed not exceeding the following:
(1)
A.
Twenty miles per hour in school zones during school recess and
while children are going to or leaving school during the opening or
closing hours, and when twenty miles per hour school speed limit
signs are erected; except, that on controlled-access highways and
expressways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by subsection (b)(4)
hereof and on freeways, if the right-of-way line fence has been
erected without pedestrian opening, the speed shall be governed by
subsection (b)(7) hereof. The end of every school zone may be
marked by a sign indicating the end of the zone. Nothing in this
section or in the manual and specifications for a uniform system of
traffic control devices shall be construed to require school zones to
be indicated by signs equipped with flashing or other lights, or
giving other special notice of the hours in which the school zone
speed limit is in effect.
B.
As used in this section, "school" means any school chartered under
Ohio R.C. 3301.16 and any nonchartered school that during the
preceding year filed with the Department of Education in
compliance with rule 3301-35-08 of the Ohio Administrative Code,
a copy of the school's report for the parents of the school's pupils
certifying that the school meets Ohio minimum standards for
nonchartered, nontax-supported schools and presents evidence of
this filing to the jurisdiction from which it is requesting the
establishment of a school zone.
C.
As used in this section, "school zone" means that portion of a street
or highway passing a school fronting upon the street or highway that
is encompassed by projecting the school property lines to the
fronting street or highway. Upon request from the Municipality for
streets and highways under its jurisdiction, the Ohio Director of
Transportation may extend the traditional school zone boundaries.
The distances in subsections (b)(1)C.1. to 3. hereof shall not exceed
300 feet per approach per direction and are bounded by whichever
of the following distances or combinations thereof the Director
approves as most appropriate:
1.
The distance encompassed by projecting the school
building lines normal to the fronting highway and
extending a distance of 300 feet on each approach
direction;
2.
The distance encompassed by projecting the school property
lines intersecting the fronting highway and extending a
distance of 300 feet on each approach direction;
3.
The distance encompassed by the special marking of the
pavement for a principal school pupil crosswalk plus a
distance of 300 feet on each approach direction of highway;
Nothing in this section shall be construed to invalidate the Director's
initial action on August 9, 1976, establishing all school zones at the
traditional school zone boundaries defined by projecting school
property lines, except when those boundaries are extended as
provided in subsections (b)(1)A. and C. hereof.
2015 Replacement
79
OVI; Willful Misconduct; Speed
333.03
D.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
As used in this subsection, "crosswalk" has the meaning given that
term in Section 301.09. The Director may, upon request by
resolution of Council, and upon submission by the Municipality of
such engineering, traffic and other information as the Director
considers necessary, designate a school zone on any portion of a
State route lying within the Municipality that includes a crosswalk
customarily used by children going to or leaving a school during
recess and opening and closing hours, whenever the distance, as
measured in a straight line, from the school property line nearest the
crosswalk to the nearest point of the crosswalk is no more than
1,320 feet. Such a school zone shall include the distance
encompassed by the crosswalk and extending 300 feet on each
approach direction of the State route;
Twenty-five miles per hour in all other portions of the Municipality, except
on State routes outside business districts, through highways outside business
districts and alleys;
Thirty-five miles per hour on all State routes or through highways within
the Municipality outside business districts, except as provided in subsections
(b)(4) and (5) hereof;
Fifty miles per hour on controlled-access highways and expressways within
the Municipality;
Fifty miles per hour on State routes within the Municipality outside urban
districts unless a lower prima-facie speed is established as further provided
in this section;
Fifteen miles per hour on all alleys within the Municipality;
Fifty-five miles per hour at all times on freeways with paved shoulders
inside the Municipality other than freeways as provided in subsection
(b)(10) and (12);
Sixty miles per hour for operators of any motor vehicle at all times on all
portions of rural divided highways;
Sixty-five miles per hour for operators of any motor vehicle at all times on
rural expressways without traffic control signals;
Seventy miles per hour for operators of any motor vehicle at all times on
all rural freeways.
Fifty-five miles per hour for operators of any motor vehicle at all times on
all portions of freeways in congested areas as determined by the Director
and that are part of the interstate system and are located within a municipal
corporation or within an interstate freeway outerbelt;
Sixty-five miles per hour for operators of any motor vehicle at all times on
all portions of freeways in urban areas as determined by the Director and
that are part of the interstate system and are part of an interstate freeway
outerbelt;
(c)
It is prima-facie unlawful for any person to exceed any of the speed limitations in
subsection (b)(1)A. to (b)(6) hereof, or any declared or established pursuant to this section by the
Director or local authorities and it is unlawful for any person to exceed any of the speed limitations
in subsection (d) hereof. No person shall be convicted of more than one violation of this section
for the same conduct, although violations of more than one provision of this section may be
charged in the alternative in a single affidavit.
2015 Replacement
333.03
TRAFFIC CODE
(d)
80
No person shall operate a motor vehicle upon a street or highway as follows:
(1)
At a speed exceeding fifty-five miles per hour, except upon a highway,
expressway or freeway as provided in subsection (b)(8), (9), (10) and (12)
hereof;
(2)
At a speed exceeding sixty miles per hour upon a highway as provided in
subsection (b)(8) hereof;
(3)
At a speed exceeding sixty-five miles per hour upon an expressway as
provided in subsection (b)(9) hereof, except upon a freeway as provided
in subsection (b)(10) hereof;
(4)
At a speed exceeding seventy miles per hour upon a freeway as provided
in subsection (b)(10) hereof;
(5)
At a speed exceeding the posted speed limit upon a highway, expressway
or freeway for which the Director has determined and declared a speed
limit pursuant to Ohio R.C. 4511.21(I)(2) or (L)(2).
(e)
In every charge of violation of this section the affidavit and warrant shall specify
the time, place and speed at which the defendant is alleged to have driven, and in charges made
in reliance upon subsection (c) hereof also the speed which subsections (b)(1)A. to (b)(6) hereof,
or a limit declared or established pursuant to this section declares is prima-facie lawful at the time
and place of such alleged violation, except that in affidavits where a person is alleged to have
driven at a greater speed than will permit the person to bring the vehicle to a stop within the
assured clear distance ahead the affidavit and warrant need not specify the speed at which the
defendant is alleged to have driven.
(f)
When a speed in excess of both a prima-facie limitation and a limitation in
subsection (d) hereof is alleged, the defendant shall be charged in a single affidavit, alleging a
single act, with a violation indicated of both subsections (b)(1)A. to (b)(6) hereof, or of a limit
declared or established pursuant to this section by the Director or local authorities, and of the
limitation in subsection (d) hereof. If the court finds a violation of subsection (b)(1)A. to (b)(6)
hereof, or a limit declared or established pursuant to this section has occurred, it shall enter a
judgment of conviction under such subsection and dismiss the charge under subsection (d) hereof.
If it finds no violation of subsections (b)(1)A. to (b)(6) hereof or a limit declared or established
pursuant to this section, it shall then consider whether the evidence supports a conviction under
subsection (d) hereof.
(g)
Points shall be assessed for violation of a limitation under subsection (d) hereof in
accordance with Ohio R.C. 4510.036.
(h)
Whenever, in accordance with Ohio R.C. 4511.21 or this section, the speed
limitations as established herein have been altered, either higher or lower, and the appropriate
signs giving notice have been erected as required, operators of motor vehicles shall be governed
by the speed limitations set forth on such signs. It is prima-facie unlawful for any person to
exceed the speed limits posted upon such signs.
2015 Replacement
81
OVI; Willful Misconduct; Speed
333.03
(i)
As used in this section:
(1)
"Interstate system" has the same meaning as in 23 U.S.C.A. 101.
(2)
"Commercial bus" means a motor vehicle designed for carrying more than
nine passengers and used for the transportation of persons for
compensation.
(3)
"Noncommercial bus" includes but is not limited to a school bus, or a
motor vehicle operated solely for the transportation of persons associated
with a charitable or nonprofit organization.
(4)
“Outerbelt” means a portion of a freeway that is part of the interstate
system and is located in the outer vicinity of a major municipal corporation
or group of municipal corporations, as designated by the Director.
(5)
“Rural” means outside urbanized areas, as designated in accordance with
23 USC 101, and outside of a business or urban district.
(j)
(1)
(2)
(3)
A violation of any provision of this section is one of the following:
A.
Except as otherwise provided in subsections (j)(1)B., (1)C., (2) and
(3) of this section, a minor misdemeanor;
B.
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to two violations of any provision of
this section or of any provision of Ohio R.C. 4511.21 or a
municipal ordinance that is substantially similar to any provision of
this section, a misdemeanor of the fourth degree;
C.
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to three or more violations of any
provision of this section or of any provision of Ohio R.C. 4511.21
or a municipal ordinance that is substantially similar to any
provision of this section, a misdemeanor of the third degree.
If the offender has not previously been convicted of or pleaded guilty to a
violation of any provision of Ohio R.C. 4511.21 or of any provision of a
municipal ordinance that is substantially similar to Ohio R.C. 4511.21 and
operated a motor vehicle faster than thirty-five miles an hour in a business
district of a municipal corporation, faster than fifty miles an hour in other
portions of a municipal corporation, or faster than thirty-five miles an hour
in a school zone during recess or while children are going to or leaving
school during the school’s opening or closing hours, a misdemeanor of the
fourth degree.
Notwithstanding subsection (j)(1) of this section, if the offender operated
a motor vehicle in a construction zone where a sign was then posted in
accordance with Ohio R.C. 4511.98, the court, in addition to all other
penalties provided by law, shall impose upon the offender a fine of two
times the usual amount imposed for the violation. No court shall impose
a fine of two times the usual amount imposed for the violation upon an
offender if the offender alleges, in an affidavit filed with the court prior to
the offender’s sentencing, that the offender is indigent and is unable to pay
the fine imposed pursuant to this subsection and if the court determines that
the offender is an indigent person and unable to pay the fine.
(ORC 4511.21)
2015 Replacement
333.031
TRAFFIC CODE
82
333.031 APPROACHING A STATIONARY PUBLIC SAFETY, EMERGENCY
OR ROAD SERVICE VEHICLE.
(a)
The driver of a motor vehicle, upon approaching a stationary public safety vehicle,
emergency vehicle, road service vehicle, vehicle used by the Public Utilities Commission to
conduct motor vehicle inspections in accordance with Ohio R.C. 4923.04 and 4923.06 or a
highway maintenance vehicle that is displaying the appropriate visual signals by means of flashing,
oscillating or rotating lights, as prescribed in Section 337.16, shall do either of the following:
(1)
If the driver of the motor vehicle is traveling on a street or highway that
consists of at least two lanes that carry traffic in the same direction of travel
as that of the driver’s motor vehicle, the driver shall proceed with due
caution and, if possible with due regard to the road, weather, and traffic
conditions, shall change lanes into a lane that is not adjacent to that of the
stationary public safety vehicle, emergency vehicle, road service vehicle,
vehicle used by the Public Utilities Commission to conduct motor vehicle
inspections in accordance with Ohio R.C. 4923.04 and 4923.06 or a
highway maintenance vehicle.
(2)
If the driver is not traveling on a street or highway of a type described in
subsection (a)(1) of this section, or if the driver is traveling on a highway
of that type but it is not possible to change lanes or if to do so would be
unsafe, the driver shall proceed with due caution, reduce the speed of the
motor vehicle, and maintain a safe speed for the road, weather and traffic
conditions.
(b)
This section does not relieve the driver of a public safety vehicle, emergency
vehicle, road service vehicle, vehicle used by the Public Utilities Commission to conduct motor
vehicle inspections in accordance with Ohio R.C. 4923.04 and 4923.06, or a highway maintenance
vehicle from the duty to drive with due regard for the safety of all persons and property upon the
highway.
(c)
No person shall fail to drive a motor vehicle in compliance with subsection (a)(1)
or (2) of this section when so required by subsection (a) of this section.
(d)
(1)
(2)
2015 Replacement
Except as otherwise provided in this subsection, whoever violates this
section is guilty of a minor misdemeanor. If, within one year of the
offense, the offender previously has been convicted of or pleaded guilty to
one predicate motor vehicle or traffic offense, whoever violates this section
is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more
predicate motor vehicle or traffic offenses, whoever violates this section is
guilty of a misdemeanor of the third degree.
Notwithstanding Section 303.99(b), upon a finding that a person operated
a motor vehicle in violation of subsection (c) of this section, the court, in
addition to all other penalties provided by law, shall impose a fine of two
times the usual amount imposed for the violation. (ORC 4511.213)
83
OVI; Willful Misconduct; Speed
333.06
333.04 STOPPING VEHICLE; SLOW SPEED; POSTED MINIMUM
SPEEDS.
(a)
No person shall stop or operate a vehicle at such an unreasonably slow speed as to
impede or block the normal and reasonable movement of traffic, except when stopping or reduced
speed is necessary for safe operation or to comply with law.
(b)
Whenever, in accordance with Ohio R.C. 4511.22(B), the minimum speed limit of
a controlled-access highway, expressway or freeway has been declared and the appropriate signs
giving notice have been erected as required, operators of motor vehicles shall be governed by the
speed limitations set forth on such signs. No person shall operate a motor vehicle below the speed
limits posted upon such signs except when necessary for safe operation or in compliance with law.
(c)
In a case involving a violation of this section, the trier of fact, in determining
whether the vehicle was being operated at an unreasonably slow speed, shall consider the
capabilities of the vehicle and its operator.
(d)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.22)
333.05 SPEED LIMITATIONS OVER BRIDGES.
(a)
No person shall operate a vehicle over any bridge or other elevated structure
constituting a part of a street at a speed which is greater then the maximum speed that can be
maintained with safety to such bridge or structure, when such structure is posted with authorized
signs stating such maximum speed. Such signs shall be erected and maintained at a distance of
at least 100 feet before each end of such structure.
(b)
Upon the trial of any person charged with a violation of this section, proof of the
determination of the maximum speed and the existence of such signs shall constitute prima-facie
evidence of the maximum speed which can be maintained with safety to such bridge or structure.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has
been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever
violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the
offense, the offender previously has been convicted of two or more predicate motor vehicle or
traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4511.23)
333.06 SPEED EXCEPTIONS FOR EMERGENCY OR SAFETY
VEHICLES.
The prima-facie speed limitations set forth in Section 333.03 do not apply to emergency
vehicles or public safety vehicles when they are responding to emergency calls and are equipped
with and displaying at least one flashing, rotating or oscillating light visible under normal
atmospheric conditions from a distance of 500 feet to the front of the vehicle and when the drivers
thereof sound audible signals by bell, siren or exhaust whistle. This section does not relieve the
driver of an emergency vehicle or public safety vehicle from the duty to drive with due regard for
the safety of all persons using the street or highway. (ORC 4511.24)
2015 Replacement
333.07
TRAFFIC CODE
84
333.07 STREET RACING PROHIBITED.
(a)
As used in this section, “street racing” means the operation of two or more vehicles
from a point side by side at accelerating speeds in a competitive attempt to out-distance each other
or the operation of one or more vehicles over a common selected course, from the same point to
the same point, wherein timing is made of the participating vehicles involving competitive
accelerations or speeds.
Persons rendering assistance in any manner to such competitive use of vehicles shall be
equally charged as the participants. The operation of two or more vehicles side by side either at
speeds in excess of prima-facie lawful speeds established by Section 333.03 or rapidly accelerating
from a common starting point to a speed in excess of such prima-facie lawful speeds shall be
prima-facie evidence of street racing.
(b)
No person shall participate in street racing upon any public road, street or highway
in this Municipality.
(c)
Whoever violates this section is guilty of street racing, a misdemeanor of the first
degree. In addition to any other sanctions, the court shall suspend the offender’s driver’s license,
commercial driver’s license, temporary instruction permit, probationary license or nonresident
operating privilege for not less than thirty days or more than three years. No judge shall suspend
the first thirty days of any suspension of an offender’s license, permit, or privilege imposed under
this subsection. (ORC 4511.251)
333.08 OPERATION WITHOUT REASONABLE CONTROL.
(a)
No person shall operate a motor vehicle, agricultural tractor, or agricultural tractor
that is towing, pulling, or otherwise drawing a unit of farm machinery on any street, highway, or
property open to the public for vehicular traffic without being in reasonable control of the vehicle,
agricultural tractor or unit of farm machinery.
(b)
Whoever violates this section is guilty of operating a motor vehicle or agricultural
tractor without being in control of it, a minor misdemeanor.
(ORC 4511.202)
333.09 RECKLESS OPERATION ON STREETS, PUBLIC OR PRIVATE
PROPERTY.
(a)
No person shall operate a vehicle on any street or highway without due regard for
the safety of persons or property.
(b)
No person shall operate a vehicle on any public or private property other than
streets or highways, in a reckless manner, without due regard for the safety of persons or
property.
This subsection does not apply to the competitive operation of vehicles on public or private
property when the owner of such property knowingly permits such operation thereon.
(c)
Except as otherwise provided in this subsection, whoever violates this section is
guilty of a misdemeanor of the first degree.
(Ord. 14-11. Passed 4-7-14.)
2015 Replacement
85
OVI; Willful Misconduct; Speed
333.10
333.10 SPEED LIMITS ON PRIVATE ROADS AND DRIVEWAYS;
ENFORCEMENT.
(a)
The owner of a private road or driveway located in a private residential area
containing twenty or more dwelling units may establish a speed limit on the road or driveway by
complying with all of the following requirements:
(1)
The speed limit is not less than twenty-five miles per hour and is indicated
by a sign that is in a proper position, is sufficiently legible to be seen by
an ordinarily observant person, and meets the specifications for the basic
speed limit sign included in the manual adopted by the Department of
Transportation pursuant to Ohio R.C. 4511.09;
(2)
The owner has posted a sign at the entrance of the private road or
driveway that is in plain view and clearly informs persons entering the
road or driveway that they are entering private property, a speed limit has
been established for the road or driveway, and the speed limit is
enforceable by law enforcement officers under State or municipal law.
(b)
No person shall operate a vehicle upon a private road or driveway as provided in
subsection (a) hereof at a speed exceeding any speed limit established and posted pursuant to
subsection (a) hereof.
(c)
When a speed limit is established and posted in accordance with subsection (a)
hereof, any law enforcement officer may apprehend a person violating the speed limit of the
residential area by utilizing any of the means described in Ohio R.C. 4511.091 or by any other
accepted method of determining the speed of a motor vehicle and may stop and charge the person
with exceeding the speed limit.
(d)
Points shall be assessed for violation of a speed limit established and posted in
accordance with subsection (a) hereof only when the violation involves a speed of five miles per
hour or more in excess of the posted speed limit.
(e)
As used in this section:
(1)
“Owner” includes but is not limited to a person who holds title to the real
property in fee simple, a condominium owners’ association, a property
owner’s association, the board of directors or trustees of a private
community, and a nonprofit corporation governing a private community.
(2)
“Private residential area containing twenty or more dwelling units” does
not include a Chautauqua Assembly as defined in Ohio R.C. 4511.90.
(Ord. 90-88. Passed 10-15-90.)
(f)
Whoever violates any provision of this section is guilty of a minor misdemeanor
on a first offense; on a second offense within one year after the first offense, the person is guilty
of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first
offense, the person is guilty of a misdemeanor of the third degree.
2015 Replacement
333.11
TRAFFIC CODE
86
333.11 POLICE ON PATROL ARRESTING SPEEDERS (POPAS).
(a)
The Director of Public Service and Development is authorized to direct the Chief
of Police to create a unit of “Police On Patrol Arresting Speeders” (POPAS), who would enforce
Section 333.03, specifically, and any other City or State law generally.
(b)
The fines collected pursuant to citations, by the POPAS unit, shall be utilized to
pay the expense of having and operating such a unit. Fines received from the Clerk of Courts for
the POPAS Unit shall be deposited in Fund No. 716 P.O.P.A.S. - Special Revenue Fund.
(Ord. 94-84. Passed 10-3-94.)
333.12 OPERATION IN VIOLATION OF IMMOBILIZATION ORDER.
(a)
No person shall operate a motor vehicle or permit the operation of a motor vehicle
upon any public or private property used by the public for vehicular travel or parking knowing or
having reasonable cause to believe that the motor vehicle has been ordered immobilized pursuant
to an immobilization order issued under Ohio R.C. 4503.233.
(b)
A motor vehicle that is operated by a person during a violation of subsection (a)
hereof shall be criminally forfeited in accordance with the procedures contained in Ohio R.C.
4503.234.
(c)
Whoever violates this section is guilty of a misdemeanor of the second degree.
(ORC 4503.236)
333.13 TEXTING WHILE DRIVING PROHIBITED.
(a)
No person shall drive a motor vehicle on any street, highway, or property open
to the public for vehicular traffic while using a handheld electronic wireless communications
device to write, send, or read a text-based communication.
(b)
Subsection (a) of this section does not apply to any of the following:
(1)
A person using a handheld electronic wireless communications device in
that manner for emergency purposes, including an emergency contact with
a law enforcement agency, hospital or health care provider, fire
department, or other similar emergency agency or entity;
(2)
A person driving a public safety vehicle who uses a handheld electronic
wireless communications device in that manner in the course of the
person’s duties;
(3)
A person using a handheld electronic wireless communications device in
that manner whose motor vehicle is in a stationary position and who is
outside a lane of travel;
(4)
A person reading, selecting, or entering a name or telephone number in
a handheld electronic wireless communications device for the purpose of
making or receiving a telephone call;
(5)
A person receiving wireless messages on a device regarding the operation
or navigation of a motor vehicle; safety-related information, including
emergency, traffic or weather alerts; or data used primarily by the motor
vehicle;
(6)
A person receiving wireless messages via radio waves;
(7)
A person using a device for navigation purposes;
2015 Replacement
86A
OVI; Willful Misconduct; Speed
(8)
(9)
(10)
333.13
A person conducting wireless interpersonal communication with a device
that does not require manually entering letters, numbers, or symbols or
reading text messages, except to activate, deactivate, or initiate the device
or a feature or function of the device;
A person operating a commercial truck while using a mobile data terminal
that transmits and receives data;
A person using a handheld electronic wireless communications device in
conjunction with a voice-operated or hands-free device feature or function
of the vehicle.
(c)
Notwithstanding any provision of law to the contrary, no law enforcement officer
shall cause an operator of an automobile being operated on any street or highway to stop the
automobile for the sole purpose of determining whether a violation of subsection (a) of this section
has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for
a violation of that nature or causing the arrest of or commencing a prosecution of a person for a
violation of that nature, and no law enforcement officer shall view the interior or visually inspect
any automobile being operated on any street or highway for the sole purpose of determining
whether a violation of that nature has been or is being committed.
(d)
Whoever violates subsection (a) of this section is guilty of a minor misdemeanor.
(e)
A prosecution for a violation of Ohio R.C. 4511.204 does not preclude a
prosecution for a violation of a substantially equivalent municipal ordinance based on the same
conduct. However, if an offender is convicted of or pleads guilty to a violation of Ohio R.C.
4511.204 and is also convicted of or pleads guilty to a violation of a substantially equivalent
municipal ordinance based on the same conduct, the two offenses are allied offenses of similar
import under Ohio R.C. 2941.25.
(f)
As used in this section:
(1)
“Electronic wireless communications device” includes any of the
following:
A.
A wireless telephone;
B.
A text-messaging device;
C.
A personal digital assistant;
D.
A computer, including a laptop computer and a computer tablet;
E.
Any other substantially similar wireless device that is designed or
used to communicate text.
(2)
“Voice-operated or hands-free device” means a device that allows the user
to vocally compose or send, or to listen to a text-based communication
without the use of either hand except to activate, or deactivate a feature
or function.
(3)
“Write, send or read a text-based communication” means to manually
write or send, or read a text-based communication using an electronic
wireless communications device, including manually writing or sending,
or reading communications referred to as text messages, instant messages,
or electronic mail.
(ORC 4511.204)
2015 Replacement
2015 Replacement
87
CHAPTER 335
Licensing; Accidents
335.01 Driver’s license or
commercial driver’s license
required.
335.02 Permitting operation without
valid license; one license
permitted.
335.03 Driving with temporary
instruction permit; curfew.
335.031 Driving with probationary
license; curfew.
335.032 Use of electronic wireless
communication device
prohibited while driving.
335.04 Certain acts prohibited.
335.05 Wrongful entrustment of
a motor vehicle.
335.06 Display of license.
335.07 Driving under suspension or
license restriction.
335.071 Driving under OVI suspension.
335.072 Driving under financial
responsibility law suspension
or cancellation; driving under a
nonpayment of judgement
suspension.
335.073 Driving without complying with
license reinstatement
requirements.
335.074 Driving under license forfeiture
or child support suspension.
335.08 Operation or sale without
certificate of title.
335.09 Display of license plates.
335.10 Expired or unlawful license
plates.
335.11 Use of illegal license plates;
transfer of registration.
335.12 Stopping after accident upon
streets; collision with unattended
vehicle.
335.13 Stopping after accident upon
property other than street.
335.14 Vehicle accident resulting in
damage to realty.
CROSS REFERENCES
See sectional histories for similar State law
Deposit of driver's license as bond - see Ohio R.C. 2937.221
Motor vehicle licensing law - see Ohio R.C. Ch. 4503
Driver's license law - see Ohio R.C. Ch. 4507
Power of trial court of record to suspend or revoke license
for certain violations - see Ohio R.C. Ch. 4510
State point system suspension - see Ohio R.C. 4510.03.6
State accident reports - see Ohio R.C. 4509.01(J), 4509.06,
4509.74, 5502.11
Motorized bicycle operator's license - see Ohio R.C. 4511.521
Glass removal from street after accident - see TRAF. 311.01
2015 Replacement
335.01
TRAFFIC CODE
88
335.01 DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE
REQUIRED.
(a)
(1)
No person, except those expressly exempted under Ohio R.C. 4507.03,
4507.04, and 4507.05, shall operate any motor vehicle upon a public road
or highway or any public or private property used by the public for
purposes of vehicular travel or parking in this Municipality unless the
person has a valid driver's license issued under Ohio R.C. Chapter 4507
or a commercial driver's license issued under Ohio R.C. Chapter 4506.
(2)
No person, except a person expressly exempted under Ohio R.C.
4507.03, 4507.04, and 4507.05, shall operate any motorcycle upon a
public road or highway or any public or private property used by the
public for purposes of vehicular travel or parking in this Municipality
unless the person has a valid license as a motorcycle operator that was
issued upon application by the Registrar of Motor Vehicles under Ohio
R.C. Chapter 4507. The license shall be in the form of an endorsement,
as determined by the Registrar, upon a driver’s or commercial driver’s
license, if the person has a valid license to operate a motor vehicle or
commercial motor vehicle, or in the form of a restricted license as
provided in Ohio R.C. 4507.14, if the person does not have a valid license
to operate a motor vehicle or commercial motor vehicle.
(b)
Upon the request or motion of the prosecuting authority, a noncertified copy of the
law enforcement automated data system report or a noncertified copy of a record of the Registrar
of Motor Vehicles that shows the name, date of birth, and social security number of a person
charged with a violation of subsection (a)(1) or (2) of this section may be admitted into evidence
as prima-facie evidence that the person did not have either a valid driver’s or commercial driver’s
license at the time of the alleged violation of subsection (a)(1) of this section or a valid license as
a motorcycle operator either in the form of an endorsement upon a driver’s or commercial driver’s
license or a restricted license at the time of the alleged violation of subsection (a)(2) of this section.
The person charged with a violation of subsection (a)(1) or (2) of this section may offer evidence
to rebut this prima-facie evidence.
(c)
Whoever violates this section is guilty of operating a motor vehicle or motorcycle
without a valid license and shall be punished as follows:
(1)
If the trier of fact finds that the offender never has held a valid driver’s or
commercial driver’s license issued by this state or any other jurisdiction, or,
in a case involving the operation of a motorcycle by the offender, if the
offender has never held a valid license as a motorcycle operator, either in
the form of an endorsement upon a driver’s or commercial driver’s license
or in the form of a restricted license, except as otherwise provided in this
subsection, the offense is an unclassified misdemeanor. When the offense
is an unclassified misdemeanor, the offender shall be sentenced pursuant to
Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be
sentenced to a jail term; the offender shall not be sentenced to a community
residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding
division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to
one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio
R.C. 2929.27, the offender may be ordered pursuant to division (C) of that
section to serve a term of community service of up to five hundred hours.
2015 Replacement
89
Licensing; Accidents
(2)
335.02
The failure of an offender to complete a term of community service
imposed by the court may be punished as indirect criminal contempt under
division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
If the offender previously has been convicted of or pleaded guilty to any
violation of Ohio R.C. 4510.12 or a substantially equivalent municipal
ordinance, the offense is a misdemeanor of the first degree.
If the offender’s driver’s or commercial driver’s license or permit or, in a
case involving the operation of a motorcycle by the offender, the offender’s
driver’s or commercial driver’s license bearing the motorcycle endorsement
or the offender’s restricted license was expired at the time of the offense,
except as otherwise provided in this subsection, the offense is a minor
misdemeanor. If, within three years of the offense, the offender previously
has been convicted of or pleaded guilty to two or more violations of Ohio
R.C. 4510.12 or a substantially equivalent municipal ordinance, the offense
is a misdemeanor of the first degree.
(d)
The court shall not impose a license suspension for a first violation of this section
or if more than three years have passed since the offender’s last violation of Ohio R.C. 4510.12
or a substantially equivalent municipal ordinance.
(e)
If the offender is sentenced under subsection (c)(2) hereof, if within three years of
the offense the offender previously was convicted of or pleaded guilty to one or more violations
of Ohio R.C. 4510.12 or a substantially equivalent municipal ordinance, and if the offender’s
license was expired for more than six months at the time of the offense, the court may impose a
class seven suspension of the offender’s driver’s license, commercial driver’s license, temporary
instruction permit, probationary license, or nonresident operating privilege from the range
specified in division (A)(7) of Ohio R.C. 4510.02.
(ORC 4510.12)
335.02 PERMITTING OPERATION WITHOUT VALID LICENSE; ONE
LICENSE PERMITTED.
(a)
No person shall permit the operation of a motor vehicle upon any public or private
property used by the public for purposes of vehicular travel or parking knowing the operator does
not have a valid driver’s license issued to the operator by the Registrar of Motor Vehicles under
Ohio R.C. Chapter 4507 or a valid commercial driver’s license issued under Ohio R.C. Chapter
4506.
(b)
No person shall receive a driver's license, or a motorcycle operator's endorsement
of a driver's or commercial driver's license, unless and until he surrenders to the Registrar all
valid licenses issued to him by another jurisdiction recognized by the State of Ohio. No person
shall be permitted to have more than one valid license at any time.
(ORC 4507.02)
2015 Replacement
335.03
TRAFFIC CODE
(c)
(1)
(2)
90
Except as otherwise provided in this subsection, whoever violates
subsection (a) hereof is guilty of an unclassified misdemeanor. When the
offense is an unclassified misdemeanor, the offender shall be sentenced
pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall
not be sentenced to a jail term; the offender shall not be sentenced to a
community residential sanction pursuant to Ohio R.C. 2929.26;
notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may
be fined up to one thousand dollars ($1,000) and, notwithstanding division
(A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to
division (C) of that section to serve a term of community service of up to
five hundred hours. The failure of an offender to complete a term of
community service imposed by the court may be punished as indirect
criminal contempt under division (A) of Ohio R.C. 2705.02 that may be
filed in the underlying case. If, within three years of the offense, the
offender previously has been convicted of or pleaded guilty to two or more
violations of Ohio R.C. 4507.02 or a substantially equivalent municipal
ordinance, the offense is a misdemeanor of the first degree.
Whoever violates subsection (b) hereof is guilty of a misdemeanor of the
first degree. (ORC 4507.02; 4507.99)
335.03 DRIVING WITH TEMPORARY INSTRUCTION PERMIT; CURFEW.
(a)
No holder of a temporary instruction permit issued under Ohio R.C. 4507.05(A)
shall operate a motor vehicle upon a highway or any public or private property used by the public
for purposes of vehicular travel or parking in violation of the following conditions:
(1)
If the permit is issued to a person who is at least fifteen years six months
of age, but less than sixteen years of age:
A.
The permit and identification card are in the holder’s immediate
possession;
B.
The holder is accompanied by an eligible adult who actually
occupies the seat beside the permit holder and does not have a
prohibited concentration of alcohol in the whole blood, blood serum
or plasma, breath, or urine as provided in Ohio R.C. 4511.19(A);
C.
The total number of occupants of the vehicle does not exceed the
total number of occupant restraining devices originally installed in
the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device.
(2)
If the permit is issued to a person who is at least sixteen years of age:
A.
The permit and identification card are in the holder’s immediate
possession;
B.
The holder is accompanied by a licensed operator who is at least
twenty-one years of age and is actually occupying a seat beside the
driver and does not have a prohibited concentration of alcohol in
the whole blood, blood serum or plasma, breath, or urine as
provided in Ohio R.C. 4511.19(A);
C.
The total number of occupants of the vehicle does not exceed the
total number of occupant restraining devices originally installed in
the motor vehicle by its manufacturer, and each occupant of the
vehicle is wearing all of the available elements of a properly
adjusted occupant restraining device.
2015 Replacement
91
Licensing; Accidents
335.031
(b)
Except as provided in subsection (b) hereof, no holder of a temporary instruction
permit that is issued under Ohio R.C. 4507.05(A) and that is issued on or after July 1, 1998, and
who has not attained the age of eighteen years, shall operate a motor vehicle upon a highway or
any public or private property used by the public for purposes of vehicular travel or parking
between the hours of midnight and six a.m.
The holder of a permit issued under Ohio R.C. 4507.05(A) on or after July 1, 1998, who
has not attained the age of eighteen years, may operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of vehicular travel or parking between
the hours of midnight and six a.m. if, at the time of such operation, the holder is accompanied by
the holder’s parent, guardian, or custodian, and the parent, guardian or custodian holds a current
valid driver’s or commercial driver’s license issued by this State and is actually occupying a seat
beside the permit holder, and does not have a prohibited concentration of alcohol in the whole
blood, blood serum or plasma, breath, or urine as provided in Section 333.01(a).
(c)
As used in this section:
(1)
“Eligible adult” means any of the following:
A.
An instructor of a driver education course approved by the
Department of Education or a driver training course approved by
the Department of Public Safety;
B.
Any of the following persons who holds a current valid driver’s or
commercial driver’s license issued by this State:
1.
A parent, guardian or custodian of the permit holder;
2.
A person twenty-one years of age or older who acts in loco
parentis of the permit holder.
(2)
“Occupant restraining device” has the same meaning as in Ohio R.C.
4513.263.
(d)
Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4507.05)
335.031 DRIVING WITH PROBATIONARY LICENSE; CURFEW.
(a)
(1)
A.
No holder of a probationary driver’s license, who has not attained
the age of seventeen years shall operate a motor vehicle upon a
highway or any public or private property used by the public for
purposes of vehicular travel or parking between the hours of
midnight and six a.m. unless the holder is accompanied by the
holder’s parent or guardian.
B.
No holder of a probationary driver’s license who has attained the
age of seventeen years but has not attained the age of eighteen years
shall operate a motor vehicle upon a highway or any public or
private property used by the public for purposes of vehicular travel
or parking between the hours of one a.m. and five a.m. unless the
holder is accompanied by the holder’s parent or guardian.
(2)
A.
Subject to subsection (c)(1)A., subsection (a)(1)A. does not apply
to the holder of a probationary driver’s license who is traveling to
or from work between the hours of midnight and six a.m. and has
in the holder’s immediate possession written documentation from
the holder’s employer.
B.
Subsection (a)(1)B. does not apply to the holder of a probationary
driver’s license who is traveling to or from work between the hours
of one a.m. and five a.m. and has in the holder’s immediate
possession written documentation from the holder’s employer.
2015 Replacement
335.031
TRAFFIC CODE
(3)
(4)
92
An employer is not liable in damages in a civil action for any injury, death,
or loss to person or property that allegedly arises from, or is related to, the
fact that the employer provided an employee who is the holder of a
probationary driver’s license with the written documentation described in
subsection (a)(2) .
The registrar of motor vehicles shall make available at no cost a form to
serve as the written documentation described in subsection (a)(2), and
employers and holders of probationary driver’s licenses may utilize that
form or may choose to utilize any other written documentation to meet the
requirements of that division.
No holder of a probationary driver’s license who is less than seventeen
years of age shall operate a motor vehicle upon a highway or any public or
private property used by the public for purposes of vehicular travel or
parking with more than one person who is not a family member occupying
the vehicle unless the probationary license holder is accompanied by the
probationary license holder’s parent, guardian, or custodian.
(b)
It is an affirmative defense to a violation of subsection (a)(1)A. or B. hereof if, at
the time of the violation, the holder of the probationary driver’s license was traveling to or from
an official function sponsored by the school the holder attends, or an emergency existed that
required the holder to operate a motor vehicle in violation of subsection (a)(1)A. or B. hereof, or
the holder was an emancipated minor.
(c)
(1)
A.
B.
2015 Replacement
Except as otherwise provided in subsection (c)(2) hereof, if a person
is issued a probationary driver’s license prior to attaining the age of
seventeen years and the person pleads guilty to, is convicted of, or
is adjudicated in juvenile court of having committed a moving
violation during the six-month period commencing on the date on
which the person is issued the probationary driver’s license, the
holder must be accompanied by the holder’s parent or guardian
whenever the holder is operating a motor vehicle upon a highway
or any public or private property used by the public for purposes of
vehicular travel or parking during whichever of the following time
periods applies:
1.
If, on the date the holder of the probationary driver’s license
pleads guilty to, is convicted of, or is adjudicated in juvenile
court of having committed the moving violation, the holder
has not attained the age of sixteen years six months, during
the six-month period commencing on that date;
2.
If, on the date the holder pleads guilty to, is convicted of, or
is adjudicated in juvenile court of having committed the
moving violation, the holder has attained the age of sixteen
years six months but not seventeen years, until the person
attains the age of seventeen years.
If the holder of a probationary driver’s license commits a moving
violation during the six-month period after the person is issued the
probationary driver’s license and before the person attains the age
of seventeen years and on the date the person pleads guilty to, is
convicted of, or is adjudicated in juvenile court of having committed
the moving violation, the person has attained the age of seventeen
years, or if the person commits the moving violation during the sixmonth period after the person is issued the probationary driver’s
license and after the person attains the age of seventeen years, the
92A
Licensing; Accidents
(2)
(3)
335.031
holder is not subject to the restriction described in subsection
(c)(1)A.1. and 2. hereof unless the court or juvenile court imposes
such a restriction upon the holder.
Any person who is subject to the operating restrictions established under
subsection (c)(1) of this section as a result of a first moving violation may
petition the court for occupational or educational driving privileges without
being accompanied by the holder’s parent or guardian during the period of
time specified in that subsection. The court may grant the person such
driving privileges if the court finds reasonable cause to believe that the
restrictions established in subsection (c)(1) will seriously affect the person’s
ability to continue in employment or educational training or will cause
undue hardship on the license holder or a family member of the license
holder. In granting the driving privileges, the court shall specify the
purposes, times, and places of the privileges and shall issue the person
appropriate forms setting forth the privileges granted. Occupational or
educational driving privileges under this subsection shall not be granted to
the same person more than once. If a person is convicted of, pleads guilty
to, or is adjudicated in juvenile court of having committed a second or
subsequent moving violation, any driving privileges previously granted
under this subsection are terminated upon the subsequent conviction, plea,
or adjudication.
No person shall violate subsection (c)(1)A. hereof.
(d)
No holder of a probationary license shall operate a motor vehicle upon a highway
or any public or private property used by the public for purposes of vehicular travel or parking
unless the total number of occupants of the vehicle does not exceed the total number of occupant
restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant
of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining
device.
(e)
Notwithstanding any other provision of law to the contrary, no law enforcement
officer shall cause the operator of a motor vehicle being operated on any street or highway to stop
the motor vehicle for the sole purpose of determining whether each occupant of the motor vehicle
is wearing all of the available elements of a properly adjusted occupant restraining device as
required by subsection (d) hereof, or for the sole purpose of issuing a ticket, citation, or summons
if the requirement in that subsection has been or is being violated, or for causing the arrest of or
commencing a prosecution of a person for a violation of that requirement.
(f)
Notwithstanding any other provision of law to the contrary, no law enforcement
officer shall cause the operator of a motor vehicle being operated on any street or highway to stop
the motor vehicle for the sole purpose of determining whether a violation of subsection (a)(1)A.
or B. hereof has been or is being committed or for the sole purpose of issuing a ticket, citation,
or summons for such a violation or for causing the arrest of or commencing a prosecution of a
person for such violation.
(g)
As used in this section:
(1)
“Occupant restraining device” has the same meaning as in Ohio R.C.
4513.263.
(2)
“Family member” of a probationary license holder includes any of the
following:
A.
A spouse;
B.
A child or stepchild;
2015 Replacement
335.032
TRAFFIC CODE
92B
C.
D.
E.
(3)
A parent, stepparent, grandparent, or parent-in-law;
An aunt or uncle;
A sibling, whether or the whole or half blood or by adoption, a
brother-in-law or a sister-in-law;
F.
A son or daughter of the probationary license holder’s stepparent if
the stepparent has not adopted the probationary license holder;
G.
An eligible adult, as defined in Ohio R.C. 4507.05.
“Moving violation” means any violation of any statute or ordinance that
regulates the operation of vehicles, streetcars, or trackless trolleys on the
highways or streets. “Moving violation” does not include a violation of
Ohio R.C. 4513.263 or a substantially equivalent municipal ordinance, or
a violation of any statute or ordinance regulating pedestrians or the parking
of vehicles, vehicle size or load limitations, vehicle fitness requirements, or
vehicle registration.
(h)
Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4507.071)
335.032 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICE
PROHIBITED WHILE DRIVING.
(a)
No holder of a temporary instruction permit who has not attained the age of
eighteen years and no holder of a probationary driver’s license shall drive a motor vehicle on any
street, highway, or property used by the public for purposes of vehicular traffic or parking while
using in any manner an electronic wireless communications device.
(b)
Subsection (a) of this section does not apply to either of the following:
(1)
A person using an electronic wireless communications device for
emergency purposes, including an emergency contact with a law
enforcement agency, hospital or health care provider, fire department, or
other similar emergency agency or entity;
(2)
A person using an electronic wireless communications device whose motor
vehicle is in a stationary position and the motor vehicle is outside a lane of
travel;
(3)
A person using a navigation device in a voice-operated or hands-free
manner who does not manipulate the device while driving.
(c)
(1)
(2)
Except as provided in subsection (c)(2) of this section, whoever violates
subsection (a) of this section shall be fined one hundred fifty dollars
($150.00). In addition, the court shall impose a class seven suspension of
the offender’s driver’s license or permit for a definite period of sixty days.
If the person previously has been adjudicated a delinquent child or a
juvenile traffic offender for a violation of this section, whoever violates this
section shall be fined three hundred dollars ($300.00). In addition, the
court shall impose a class seven suspension of the person’s driver’s license
or permit for a definite period of one year.
(d)
The filing of a sworn complaint against a person for a violation of Ohio R.C.
4511.205 does not preclude the filing of a sworn complaint for a violation of a substantially
equivalent municipal ordinance for the same conduct. However, if a person is adjudicated a
delinquent child or a juvenile traffic offender for a violation of Ohio R.C. 4511.205 and is also
adjudicated a delinquent child or a juvenile traffic offender for a violation of a substantially
equivalent municipal ordinance for the same conduct, the two offenses are allied offenses of
similar import under Ohio R.C. 2941.25.
2015 Replacement
93
Licensing; Accidents
335.05
(e)
As used in this section, “electronic wireless communications device” includes any
of the following:
(1)
A wireless telephone;
(2)
A personal digital assistant;
(3)
A computer, including a laptop computer and a computer tablet;
(4)
A text-messaging device;
(5)
Any other substantially similar electronic wireless device that is designed
or used to communicate via voice, image, or written word.
(ORC 4511.205)
335.04 CERTAIN ACTS PROHIBITED.
(a)
No person shall do any of the following:
(1)
Display, or cause or permit to be displayed, or possess any identification
card, driver's or commercial driver's license, temporary instruction permit
or commercial driver's license temporary instruction permit knowing the
same to be fictitious, or to have been canceled, suspended or altered;
(2)
Lend to a person not entitled thereto, or knowingly permit a person not
entitled thereto to use any identification card, driver's or commercial
driver's license, temporary instruction permit or commercial driver's
license temporary instruction permit issued to the person so lending or
permitting the use thereof;
(3)
Display or represent as one's own, any identification card, driver's or
commercial driver's license, temporary instruction permit or commercial
driver's license temporary instruction permit not issued to the person so
displaying the same;
(4)
Fail to surrender to the Registrar of Motor Vehicles, upon the Registrar’s
demand, any identification card, driver's or commercial driver's license,
temporary instruction permit or commercial driver's license temporary
instruction permit that has been suspended or canceled;
(5)
In any application for an identification card, driver's or commercial driver's
license, temporary instruction permit or commercial driver's license
temporary instruction permit, or any renewal or duplicate thereof,
knowingly conceal a material fact, or present any physician's statement
required under Ohio R.C. 4507.08 or 4507.081 when knowing the same to
be false or fictitious.
(b)
Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4507.30)
335.05 WRONGFUL ENTRUSTMENT OF A MOTOR VEHICLE.
(a)
No person shall permit a motor vehicle owned by the person or under the person’s
control to be driven by another if any of the following apply:
(1)
The offender knows or has reasonable cause to believe that the other person
does not have a valid driver’s or commercial driver’s license or permit or
valid nonresident driving privileges.
(2)
The offender knows or has reasonable cause to believe that the other
person’s driver’s or commercial driver’s license or permit or nonresident
operating privileges have been suspended or canceled under Ohio R.C.
Chapter 4510, or any other provision of the Ohio Revised Code or this
Traffic Code.
(3)
The offender knows or has reasonable cause to believe that the other
person’s act of driving the motor vehicle would violate any prohibition
contained in Ohio R.C. Chapter 4509.
2015 Replacement
335.05
TRAFFIC CODE
(4)
(5)
94
The offender knows or has reasonable cause to believe that the other
person’s act of driving would violate Ohio R.C. 4511.19 or any
substantially equivalent municipal ordinance.
The offender knows or has reasonable cause to believe that the vehicle is
the subject of an immobilization waiver order issued under Ohio R.C.
4503.235 and the other person is prohibited from operating the vehicle
under that order.
(b)
Without limiting or precluding the consideration of any other evidence in
determining whether a violation of subsection (a)(1), (2), (3), (4) or (5) of this section has
occurred, it shall be prima-facie evidence that the offender knows or has reasonable cause to
believe that the operator of the motor vehicle owned by the offender or under the offender’s
control is in a category described in subsection (a)(1), (2), (3), (4) or (5) of this section if any of
the following applies:
(1)
Regarding an operator allegedly in the category described in subsection
(a)(1), (3) or (5) of this section, the offender and the operator of the motor
vehicle reside in the same household and are related by consanguinity or
affinity.
(2)
Regarding an operator allegedly in the category described in subsection
(a)(2) of this section, the offender and the operator of the motor vehicle
reside in the same household, and the offender knows or has reasonable
cause to believe that the operator has been charged with or convicted of any
violation of law or ordinance, or has committed any other act or omission,
that would or could result in the suspension or cancellation of the operator’s
license, permit or privilege.
(3)
Regarding an operator allegedly in the category described in subsection
(a)(4) of this section, the offender and the operator of the motor vehicle
occupied the motor vehicle together at the time of the offense.
(c)
Whoever violates this section is guilty of wrongful entrustment of a motor vehicle
and shall be punished as provided in subsections (c) to (h) of this section.
(1)
Except as provided in subsection (c)(2) of this section, whoever violates
subsection (a)(1), (2) or (3) of this section is guilty of an unclassified
misdemeanor. When the offense is an unclassified misdemeanor, the
offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28,
except that the offender shall not be sentenced to a jail term; the offender
shall not be sentenced to a community residential sanction pursuant to Ohio
R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28,
the offender may be fined up to one thousand dollars ($1,000); and,
notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be
ordered pursuant to division (C) of that section to serve a term of
community service of up to five hundred hours. The failure of an offender
to complete a term of community service imposed by the court may be
punished as indirect criminal contempt under division (A) of Ohio R.C.
2705.02.
(2)
A.
If, within three years of a violation of subsection (a)(1), (2) or (3)
of this section, the offender previously has pleaded guilty to or been
convicted of two or more violations of division (A)(1), (2) or (3) of
Ohio R.C. 4511.203 or a substantially equivalent municipal
ordinance, the offender is guilty of a misdemeanor of the first
degree.
B.
Whoever violates subsection (a)(4) or (5) of this section is guilty of
a misdemeanor of the first degree.
2015 Replacement
95
Licensing; Accidents
(3)
335.06
For any violation of this section, in addition to the penalties imposed under
Section 303.99, the court may impose a class seven suspension of the
offender’s driver’s license, commercial driver’s license, temporary
instruction permit, probationary license or nonresident operating privilege
from the range specified in division (A)(7) of Ohio R.C. 4510.02, and, if
the vehicle involved in the offense is registered in the name of the offender,
the court may order one of the following:
A.
Except as otherwise provided in subsection (c)(3)B. or C. of this
section, the court may order, for thirty days, the immobilization of
the vehicle involved in the offense and the impoundment of that
vehicle’s license plates. If issued, the order shall be issued and
enforced under Ohio R.C. 4503.233.
B.
If the offender previously has been convicted of or pleaded guilty to
one violation of Ohio R.C. 4511.203 or a substantially equivalent
municipal ordinance, the court may order, for sixty days, the
immobilization of the vehicle involved in the offense and the
impoundment of that vehicle’s license plates. If issued, the order
shall be issued and enforced under Ohio R.C. 4503.233.
C.
If the offender previously has been convicted of or pleaded guilty to
two or more violations of Ohio R.C. 4511.203 or a substantially
equivalent municipal ordinance, the court may order the criminal
forfeiture to the state of the vehicle involved in the offense. If
issued, the order shall be issued and enforced under Ohio R.C.
4503.234.
If title to a motor vehicle that is subject to an order for criminal
forfeiture under this subsection is assigned or transferred and
division (B)(2) or (3) of Ohio R.C. 4503.234 applies, in addition to
or independent of any other penalty established by law, the court
may fine the offender the value of the vehicle as determined by
publications of the national automobile dealer’s association. The
proceeds from any fine imposed under this subsection shall be
distributed in accordance with division (C)(2) of Ohio R.C.
4503.234.
(d)
If a court orders the immobilization of a vehicle under subsection (c) of this section,
the court shall not release the vehicle from the immobilization before the termination of the period
of immobilization ordered unless the court is presented with current proof of financial
responsibility with respect to that vehicle.
(e)
If a court orders the criminal forfeiture of a vehicle under subsection (c) of this
section, upon receipt of the order from the court, neither the Registrar of Motor Vehicles nor any
deputy registrar shall accept any application for the registration or transfer of registration of any
motor vehicle owned or leased by the person named in the order. The period of denial shall be
five years after the date the order is issued, unless, during that five-year period, the court with
jurisdiction of the offense that resulted in the order terminates the forfeiture and notifies the
Registrar of the termination. If the court terminates the forfeiture and notifies the Registrar, the
Registrar shall take all necessary measures to permit the person to register a vehicle owned or
leased by the person or to transfer the registration of the vehicle.
(f)
This section does not apply to motor vehicle rental dealers or motor vehicle leasing
dealers, as defined in Ohio R.C. 4549.65.
2015 Replacement
335.06
TRAFFIC CODE
96
(g)
Evidence of a conviction of, plea of guilty to, or adjudication as a delinquent child
for a violation of this section or a substantially similar municipal ordinance shall not be admissible
as evidence in any civil action that involves the offender or delinquent child who is the subject of
the conviction, plea, or adjudication and that arises from the wrongful entrustment of a motor
vehicle.
(h)
For purposes of this section, a vehicle is owned by a person if, at the time of a
violation of this section, the vehicle is registered in the person’s name.
(ORC 4511.203)
335.06 DISPLAY OF LICENSE.
(a)
The operator of a motor vehicle shall display the operator’s driver’s license, or
furnish satisfactory proof that the operator has a driver’s license, upon demand of any peace
officer or of any person damaged or injured in any collision in which the licensee may be
involved. When a demand is properly made and the operator has the operator’s driver’s license
on or about the operator’s person, the operator shall not refuse to display the license. A person’s
failure to furnish satisfactory evidence that the person is licensed under Ohio R.C. Chapter 4507
when the person does not have the person’s license on or about the person’s person shall be primafacie evidence of the person’s not having obtained a driver’s license.
(b)
(1)
(2)
Except as provided in subsection (b)(2) hereof, whoever violates this section
is guilty of an unclassified misdemeanor. When the offense is an
unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio
R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced
to a jail term; the offender shall not be sentenced to a community residential
sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a)
of Ohio R.C. 2929.28, the offender may be fined up to one thousand
dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C.
2929.27, the offender may be ordered pursuant to division (C) of that
section to serve a term of community service of up to five hundred hours.
The failure of an offender to complete a term of community service
imposed by the court may be punished as indirect criminal contempt under
division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
If, within three years of the offense, the offender previously has been
convicted of or pleaded guilty to two or more violations of Ohio R.C.
4507.35 or a substantially equivalent municipal ordinance, the offense is a
misdemeanor of the first degree. (ORC 4507.35)
335.07 DRIVING UNDER SUSPENSION OR LICENSE RESTRICTION.
(a)
Except as provided under subsection (b) hereof and Sections 335.072 and 335.074,
no person whose driver’s or commercial driver’s license or permit or nonresident operating
privilege has been suspended under any provision of the Ohio Revised Code, other than Ohio R.C.
Chapter 4509, or under any applicable law in any other jurisdiction in which the person’s license
or permit was issued shall operate any motor vehicle upon the public roads and highways or upon
any public or private property used by the public for purposes of vehicular travel or parking within
this Municipality during the period of suspension unless the person is granted limited driving
privileges and is operating the vehicle in accordance with the terms of the limited driving
privileges.
(b)
No person shall operate any motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or parking in this Municipality in
violation of any restriction of the person’s driver’s or commercial driver’s license or permit
imposed under division (D) of Ohio R.C. 4506.10 or under Ohio R.C. 4507.14.
2015 Replacement
97
Licensing; Accidents
335.07
(c)
Upon the request or motion of the prosecuting authority, a noncertified copy of the
law enforcement automated data system report or a noncertified copy of a record of the Registrar
of Motor Vehicles that shows the name, date of birth, and social security number of a person
charged with a violation of subsection (a) or (b) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under suspension at the time of the alleged
violation of subsection (a) of this section or the person operated a motor vehicle in violation of a
restriction at the time of the alleged violation of subsection (b) of this section. The person charged
with a violation of subsection (a) or (b) of this section may offer evidence to rebut this prima-facie
evidence.
(d)
(1)
(2)
Whoever violates subsection (a) or (b) hereof, is guilty of a misdemeanor
of the first degree. The court may impose upon the offender a class seven
suspension of the offender’s driver’s license, commercial driver’s license,
temporary instruction permit, probationary license, or nonresident operating
privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02.
A.
Except as provided in subsection (d)(2)B. or C. of this section, the
court, in addition to any other penalty that it imposes on the
offender and if the vehicle is registered in the offender’s name and
if, within three years of the offense, the offender previously has
been convicted of or pleaded guilty to one violation of Ohio R.C.
4510.11 or Ohio R.C. 4510.111 or 4510.16, or a substantially
equivalent municipal ordinance, the court, in addition to or
independent of any other sentence that it imposes upon the offender,
may order the immobilization of the vehicle involved in the offense
for thirty days and the impoundment of that vehicle’s license plates
for thirty days in accordance with Ohio R.C. 4503.233.
B.
If the vehicle is registered in the offender’s name and if, within
three years of the offense, the offender previously has been
convicted of or pleaded guilty to two violations of Ohio R.C.
4510.11 or any combination of two violations of Ohio R.C. 4510.11
or Ohio R.C. 4510.111 or 4510.16, or of a substantially similar
municipal ordinance, the court, in addition to any other sentence
that it imposes on the offender may order the immobilization of the
vehicle involved in the offense for sixty days and the impoundment
of that vehicle’s license plates for sixty days in accordance with
Ohio R.C. 4503.233.
C.
If the vehicle is registered in the offender’s name and if, within
three years of the offense, the offender previously has been
convicted of or pleaded guilty to three or more violations of Ohio
R.C. 4510.11, or any combination of three or more violations of
Ohio R.C. 4501.11 or Ohio R.C. 4510.111 or 4510.16, or of a
substantially similar municipal ordinance, the court, in addition to
any other sentence that it imposes on the offender may order the
criminal forfeiture of the vehicle involved in the offense to the State.
(e)
Any order for immobilization and impoundment under this section shall be issued
and enforced under Ohio R.C. 4503.233 and 4507.02, as applicable. The court shall not release
a vehicle from immobilization ordered under this section unless the court is presented with current
proof of financial responsibility with respect to that vehicle.
2015 Replacement
335.071
TRAFFIC CODE
98
(f)
Any order of criminal forfeiture under this section shall be issued and enforced
under Ohio R.C. 4503.234. Upon receipt of the copy of the order from the court, neither the
Ohio Registrar of Motor Vehicles nor a deputy registrar shall accept any application for the
registration or transfer of registration of any motor vehicle owned or leased by the person named
in the declaration of forfeiture. The period of registration denial shall be five years after the date
of the order, unless, during that period, the court having jurisdiction of the offense that lead to the
order terminates the forfeiture and notifies the Registrar of the termination. The Registrar shall
then take necessary measures to permit the person to register a vehicle owned or leased by the
person or to transfer registration of the vehicle.
(g)
The offender shall provide the court with proof of financial responsibility as defined
in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then,
in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio
R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss
arising from an accident or collision that was the direct and proximate result of the offender’s
operation of the vehicle before, during, or after committing the offense for which the offender is
sentenced under this section. (ORC 4510.11)
(h)
Any person whose driver's or commercial driver's license or permit or nonresident
operating privileges are suspended as a repeat traffic offender under this section and who, during
the suspension, operates any motor vehicle upon any public roads and highways is guilty of
driving under a twelve-point suspension, a misdemeanor of the first degree. The court shall
sentence the offender to a minimum term of three days in jail. No court shall suspend the first
three days of jail time imposed pursuant to this subsection. (ORC 4510.037)
335.071 DRIVING UNDER OVI SUSPENSION.
(a)
No person whose driver’s or commercial driver’s license or permit or nonresident
operating privilege has been suspended under Ohio R.C. 4511.19, 4511.191, or 4511.196 or
under Ohio R.C. 4510.07 for a conviction of a violation of a municipal OVI ordinance shall
operate any motor vehicle upon the public roads or highways within this Municipality during the
period of the suspension.
(b)
Whoever violates this section is guilty of driving under OVI suspension. The court
shall sentence the offender under Ohio R.C. Chapter 2929, subject to the differences authorized
or required by this section.
(1)
Except as otherwise provided in subsection (b)(2) or (3) of this section,
driving under OVI suspension is a misdemeanor of the first degree. The
court shall sentence the offender to all of the following:
A.
A mandatory jail term of three consecutive days. The three-day
term shall be imposed, unless, subject to subsection (c) of this
section, the court instead imposes a sentence of not less than thirty
consecutive days of house arrest with electronic monitoring. A
period of house arrest with electronic monitoring imposed under this
subsection shall not exceed six months. If the court imposes a
mandatory three-day jail term under this subsection, the court may
impose a jail term in addition to that term, provided that in no case
shall the cumulative jail term imposed for the offense exceed six
months.
B.
A fine of not less than two hundred fifty dollars ($250.00) and not
more than one thousand dollars ($1,000).
C.
A license suspension under subsection (e) of this section.
2015 Replacement
99
Licensing; Accidents
(2)
(3)
335.071
If, within six years of the offense, the offender previously has been
convicted of or pleaded guilty to one violation of this section or one
equivalent offense, driving under OVI suspension is a misdemeanor of the
first degree. The court shall sentence the offender to all of the following:
A.
A mandatory jail term of ten consecutive days. Notwithstanding the
jail terms provided in Ohio R.C. Chapter 2929, the court may
sentence the offender to a longer jail term of not more than one
year. The ten-day mandatory jail term shall be imposed unless,
subject to subsection (c) of this section, the court instead imposes a
sentence of not less than ninety consecutive days of house arrest
with electronic monitoring. The period of house arrest with
electronic monitoring shall not exceed one year.
B.
Notwithstanding the fines provided for in Ohio R.C. Chapter 2929,
a fine of not less than five hundred dollars ($500.00) and not more
than two thousand five hundred dollars ($2,500).
C.
A license suspension under subsection (e) of this section.
If, within six years of the offense, the offender previously has been
convicted of or pleaded guilty to two or more violations of this section or
two or more equivalent offenses, driving under OVI suspension is a
misdemeanor of the first degree. The court shall sentence the offender to
all of the following:
A.
A mandatory jail term of thirty consecutive days. Notwithstanding
the jail terms provided in Ohio R.C. Chapter 2929, the court may
sentence the offender to a longer jail term of not more than one
year. The court shall not sentence the offender to a term of house
arrest with electronic monitoring in lieu of the mandatory portion of
the jail term.
B.
Notwithstanding the fines set forth in Ohio R.C. Chapter 2929, a
fine of not less than five hundred dollars ($500.00) and not more
than two thousand five hundred dollars ($2,500).
C.
A license suspension under subsection (e) of this section.
(c)
No court shall impose an alternative sentence of house arrest with electronic
monitoring under subsection (b)(1) or (2) of this section unless, within sixty days of the date of
sentencing, the court issues a written finding on the record that, due to the unavailability of space
at the jail where the offender is required to serve the jail term imposed, the offender will not be
able to begin serving that term within the sixty-day period following the date of sentencing.
An offender sentenced under this section to a period of house arrest with electronic
monitoring shall be permitted work release during that period.
(d)
Fifty per cent of any fine imposed by a court under subsection (b)(1), (2) or (3) of
this section shall be deposited into the county indigent drivers alcohol treatment fund or municipal
indigent drivers alcohol treatment fund under the control of that court, as created by the county
or municipal corporation pursuant to division (H) of Ohio R.C. 4511.191.
(e)
In addition to or independent of all other penalties provided by law or ordinance,
the trial judge of any court of record or the mayor of a mayor’s court shall impose on an offender
who is convicted of or pleads guilty to a violation of this section a class seven suspension of the
offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege
from the range specified in division (A)(7) of Ohio R.C. 4510.02.
2015 Replacement
335.071
TRAFFIC CODE
100
When permitted as specified in Ohio R.C. 4510.021, if the court grants limited driving
privileges during a suspension imposed under this section, the privileges shall be granted on the
additional condition that the offender must display restricted license plates, issued under Ohio R.C.
4503.231, on the vehicle driven subject to the privileges, except as provided in division (B) of that
section.
A suspension of a commercial driver’s license under this section shall be concurrent with
any period of suspension or disqualification under Ohio R.C. 3123.58 or 4506.16. No person
who is disqualified for life from holding a commercial driver’s license under Ohio R.C. 4506.16
shall be issued a driver’s license under Ohio R.C. Chapter 4507 during the period for which the
commercial driver’s license was suspended under this section, and no person whose commercial
driver’s license is suspended under this section shall be issued a driver’s license under Ohio R.C.
Chapter 4507 during the period of the suspension.
(f)
The offender shall provide the court with proof of financial responsibility as defined
in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then,
in addition to any other penalties provided by law, the court may order restitution pursuant to Ohio
R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss
arising from an accident or collision that was the direct and proximate result of the offender’s
operation of the vehicle before, during, or after committing the offense that is a misdemeanor of
the first degree under this section for which the offender is sentenced. (ORC 4510.14)
(g)
(1)
2015 Replacement
If a person is convicted of or pleads guilty to a violation of a municipal
ordinance that is substantially equivalent to Ohio R.C. 4510.14, the court,
in addition to and independent of any sentence that it imposes upon the
offender for the offense, if the vehicle the offender was operating at the
time of the offense is registered in the offender’s name, shall do whichever
of the following is applicable:
A.
If, within six years of the current offense, the offender has not been
convicted of or pleaded guilty to a violation of Ohio R.C. 4510.14
or former division (D)(2) of Ohio R.C. 4507.02, or a municipal
ordinance that is substantially equivalent to that section or former
division, the court shall order the immobilization for thirty days of
the vehicle involved in the offense and the impoundment for thirty
days of the license plates of that vehicle in accordance with Ohio
R.C. 4503.233.
B.
If, within six years of the current offense, the offender has been
convicted of or pleaded guilty to one violation of Ohio R.C.
4510.14 or former division (D)(2) of Ohio R.C. 4507.02, or a
municipal ordinance that is substantially equivalent to that section or
former division, the court shall order the immobilization for sixty
days of the vehicle involved in the offense and the impoundment for
sixty days of the license plates of that vehicle in accordance with
Ohio R.C. 4503.233.
C.
If, within six years of the current offense, the offender has been
convicted of or pleaded guilty to two or more violations of Ohio
R.C. 4510.14 or former division (D)(2) of Ohio R.C. 4507.02 or
a municipal ordinance that is substantially equivalent to that section
or former division, the court shall order the criminal forfeiture to
the State of the vehicle the offender was operating at the time of the
offense.
101
Licensing; Accidents
(2)
(3)
(h)
335.072
An order for immobilization and impoundment of a vehicle under this
section shall be issued and enforced in accordance with Ohio R.C 4503.233
and 4507.02, as applicable. The court shall not release a vehicle from
immobilization ordered under this section unless the court is presented with
current proof of financial responsibility with respect to that vehicle.
An order for criminal forfeiture of a vehicle under this section shall be
issued and enforced under Ohio R.C. 4503.234. Upon receipt of a copy of
the order from the court, neither the Registrar of Motor Vehicles nor a
Deputy Registrar shall accept any application for the registration or transfer
of registration of any motor vehicle owned or leased by the person named
in the declaration of forfeiture. The period of registration denial shall be
five years after the date of the order unless, during that period, the court
having jurisdiction of the offense that led to the order terminates the
forfeiture and notifies the Registrar of the termination. The Registrar then
shall take the necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer registration of the vehicle.
(ORC 4510.161)
As used in this section:
(1)
“Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01.
(2)
“Equivalent offense” means any of the following:
A.
A violation of a municipal ordinance, law of another state, or law
of the United States that is substantially equivalent to subsection (a)
of this section;
B.
A violation of a former law of this State that was substantially
equivalent to subsection (a) of this section.
(3)
“Jail” has the same meaning as in Ohio R.C. 2929.01.
(4)
“Mandatory jail term” means the mandatory term in jail of three, ten, or
thirty consecutive days that must be imposed under subsection (b)(1), (2)
or (3) of this section upon an offender convicted of a violation of subsection
(a) of this section and in relation to which all of the following apply:
A.
Except as specifically authorized under this section, the term must
be served in a jail.
B.
Except as specifically authorized under this section, the term cannot
be suspended, reduced, or otherwise modified pursuant to any
provision of the Ohio Revised Code.
(ORC 4510.14)
335.072 DRIVING UNDER FINANCIAL RESPONSIBILITY LAW
SUSPENSION OR CANCELLATION; DRIVING UNDER A
NONPAYMENT OF JUDGEMENT SUSPENSION.
(a)
No person, whose driver’s or commercial driver’s license or temporary instruction
permit or nonresident’s operating privilege has been suspended or canceled pursuant to Ohio R.C.
Chapter 4509, shall operate any motor vehicle within this Municipality, or knowingly permit any
motor vehicle owned by the person to be operated by another person in the Municipality, during
the period of the suspension or cancellation, except as specifically authorized by Ohio R.C.
Chapter 4509. No person shall operate a motor vehicle within this Municipality, or knowingly
permit any motor vehicle owned by the person to be operated by another person in the
Municipality, during the period in which the person is required by Ohio R.C. 4509.45 to file and
maintain proof of financial responsibility for a violation of Ohio R.C. 4509.101, unless proof of
financial responsibility is maintained with respect to that vehicle.
2015 Replacement
335.072
TRAFFIC CODE
102
(b)
No person shall operate any motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or parking in this Municipality if the
person’s driver’s or commercial driver’s license or temporary instruction permit or nonresident
operating privilege has been suspended pursuant to Ohio R.C. 4509.37 or 4509.40 for nonpayment
of a judgment.
(c)
Upon the request or motion of the prosecuting authority, a noncertified copy of the
law enforcement automated data system report or a noncertified copy of a record of the Registrar
of Motor Vehicles that shows the name, date of birth and social security number of a person
charged with a violation of subsection (a) or (b) of this section may be admitted into evidence as
prima-facie evidence that the license of the person was under either a financial responsibility law
suspension at the time of the alleged violation of subsection (a) of this section or a nonpayment of
judgment suspension at the time of the alleged violation of subsection (b) of this section. The
person charged with a violation of subsection (a) or (b) of this section may offer evidence to rebut
this prima-facie evidence.
(d)
Whoever violates subsection (a) of this section is guilty of driving under financial
responsibility law suspension or cancellation and shall be punished as provided in subsection (d)
hereof. Whoever violates subsection (b) of this section is guilty of driving under a nonpayment
of judgment suspension and shall be punished as provided in subsection (d) hereof.
(1)
Except as otherwise provided in subsection (d)(2) of this section, the
offense is an unclassified misdemeanor. When the offense is an unclassified
misdemeanor, the offender shall be sentenced pursuant to Ohio R.C.
2929.21 to 2929.28, except that the offender shall not be sentenced to a jail
term; the offender shall not be sentenced to a community residential
sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a)
of Ohio R.C. 2929.28, the offender may be fined up to one thousand
dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C.
2929.27, the offender may be ordered pursuant to division (C) of that
section to serve a term of community service of up to five hundred hours.
The failure of an offender to complete a term of community service
imposed by the court may be punished as indirect criminal contempt under
division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
(2)
If, within three years of the offense, the offender previously was convicted
of or pleaded guilty to two or more violations of Ohio R.C. 4510.16, or
any combination of two violations of Ohio R.C. 4510.16 or Ohio R.C.
4510.11 or 4510.111, or a substantially equivalent municipal ordinance, the
offense is a misdemeanor of the fourth degree.
(3)
The offender shall provide the court with proof of financial responsibility
as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof
of financial responsibility, then in addition to any other penalties provided
by law, the court may order restitution pursuant to Ohio R.C. 2929.28 in
an amount not exceeding five thousand dollars ($5,000) for any economic
loss arising from an accident or collision that was the direct and proximate
result of the offender’s operation of the vehicle before, during or after
committing the offense for which the offender is sentenced under this
section. (ORC 4510.16)
(e)
No person who has knowingly failed to maintain proof of financial responsibility
in accordance with Ohio R.C. 4509.101 shall produce any document or present to a peace officer
an electronic wireless communications device that is displaying any text or images with the
purpose to mislead a peace officer upon the request of a peace officer for proof of financial
responsibility made in accordance with Ohio R.C. 4509.101. Whoever violates this subsection
(e) hereof is guilty of falsification, a misdemeanor of the first degree. (ORC 4509.102)
2015 Replacement
103
Licensing; Accidents
335.074
335.073 DRIVING WITHOUT COMPLYING WITH LICENSE
REINSTATEMENT REQUIREMENTS.
(a)
No person whose driver’s license, commercial driver’s license, temporary
instruction permit, or nonresident’s operating privilege has been suspended shall operate any motor
vehicle upon a public road or highway or any public or private property after the suspension has
expired unless the person has complied with all license reinstatement requirements imposed by the
court, the Bureau of Motor Vehicles, or another provision of the Ohio Revised Code.
(b)
Upon the request or motion of the prosecuting authority, a noncertified copy of the
law enforcement automated data system report or a noncertified copy of a record of the Registrar
of Motor Vehicles that shows the name, date of birth, and social security number of a person
charged with a violation of subsection (a) of this section may be admitted into evidence as primafacie evidence that the license of the person had not been reinstated by the person at the time of
the alleged violation of subsection (a) hereof. The person charged with a violation of subsection
(a) hereof may offer evidence to rebut this prima-facie evidence.
(c)
Whoever violates this section is guilty of failure to reinstate a license and shall be
punished as follows:
(1)
Except as provided in subsection (c)(2) of this section, whoever violates
subsection (a) hereof is guilty of an unclassified misdemeanor. When the
offense is an unclassified misdemeanor, the offender shall be sentenced
pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall
not be sentenced to a jail term; the offender shall not be sentenced to a
community residential sanction pursuant to Ohio R.C. 2929.26;
notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may
be fined up to one thousand dollars ($1,000); and, notwithstanding division
(A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to
division (C) of that section to serve a term of community service of up to
five hundred hours. The failure of an offender to complete a term of
community service imposed by the court may be punished as indirect
criminal contempt under division (A) of Ohio R.C. 2705.02 that may be
filed in the underlying case.
(2)
If, within three years of a violation of subsection (a) of this section, the
offender previously has pleaded guilty to or been convicted of two or more
violations of Ohio R.C. 4510.21(A) or a substantially equivalent municipal
ordinance, the offender is guilty of a misdemeanor of the first degree.
(3)
In all cases, the court may impose upon the offender a class seven
suspension of the offender’s driver’s license, commercial driver’s license,
temporary instruction permit, probationary driver’s license, or nonresident
operating privilege from the range specified in division (A)(7) of Ohio R.C.
4510.02. (ORC 4510.21)
335.074 DRIVING UNDER LICENSE FORFEITURE OR CHILD SUPPORT
SUSPENSION.
(a)
No person shall operate any motor vehicle upon a highway or any public or private
property used by the public for purposes of vehicular travel or parking in this Municipality whose
driver’s or commercial driver’s license has been suspended pursuant to Ohio R.C. 2151.354,
2151.87, 2935.27, 3123.58, 4301.99, 4510.032, 4510.22 or 4510.33.
2015 Replacement
335.078
TRAFFIC CODE
104
(b)
Upon the request or motion of the prosecuting authority, a noncertified copy of the
law enforcement automated data system report or a noncertified copy of a record of the Registrar
of Motor Vehicles that shows the name, date of birth, and social security number of a person
charged with a violation of subsection (a) of this section may be admitted into evidence as primafacie evidence that the license of the person was under suspension at the time of the alleged
violation of subsection (a) of this section. The person charged with a violation of subsection (a)
of this section may offer evidence to rebut this prima-facie evidence.
(c)
Whoever violates subsection (a) of this section is guilty of driving under suspension
and shall be punished as provided in subsection (c) of this section.
(1)
Except as otherwise provided in subsection (c)(2) of this section, the offense
is an unclassified misdemeanor. The offender shall be sentenced pursuant
to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be
sentenced to a jail term; the offender shall not be sentenced to a community
residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding
division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to
one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio
R.C. 2929.27, the offender may be ordered pursuant to division (C) of that
section to serve a term of community service of up to five hundred hours.
The failure of an offender to complete a term of community service
imposed by the court may be punished as indirect criminal contempt under
division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.
(2)
If, within three years of the offense, the offender previously was convicted
of or pleaded guilty to two or more violations of subsection (A) of Ohio
R.C. 4510.111, or any combination of two or more violations of subsection
(A) of Ohio R.C. 4510.111, or Ohio R.C. 4510.11 or 4510.16, or a
substantially equivalent municipal ordinance, the offense is a misdemeanor
of the fourth degree and the offender shall provide the court with proof of
financial responsibility as defined in Ohio R.C. 4509.01. If the offender
fails to provide that proof of financial responsibility, then in addition to any
other penalties provided by law, the court may order restitution pursuant to
Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars
($5,000) for any economic loss arising from an accident or collision that
was the direct and proximate result of the offender’s operation of the
vehicle before, during or after committing the offense for which the
offender is sentenced under this section. (ORC 4510.111)
335.08 OPERATION OR SALE WITHOUT CERTIFICATE OF TITLE.
(a)
No person shall do any of the following:
(1)
Operate in this Municipality a motor vehicle for which a certificate of title
is required without having that certificate in accordance with Ohio R.C.
Chapter 4505 or, if a physical certificate of title has not been issued for a
motor vehicle, operate the motor vehicle in this Municipality knowing that
the ownership information relating to the vehicle has not been entered into
the automated title processing system by a clerk of a court of common
pleas;
(2)
Display or display for sale or sell as a dealer or acting on behalf of a dealer,
a motor veh