CODIFIED ORDINANCES
OF THE CITY OF
HURON, OHIO
DISCLAIMER
The Codified Ordinances and other documents that appear on this site may not reflect the most current
legislation adopted by the Municipality. The Codified Ordinances are provided for informational purposes only
and should not be relied upon as the definitive authority for local legislation. Additionally, the formatting
and pagination of the posted documents vary from the formatting and pagination of the official copy.
The official printed copy of the Codified Ordinances should be consulted prior to any action being taken.
For further information regarding the official version of any portion of the Codified Ordinances on
this web site, please contact the Municipality directly.
Complete to November 1, 2001
CERTIFICATION
We, Edward Asher, Mayor, and Phyllis Wassner, Council Clerk of Huron, Ohio, pursuant to Ohio R.C. 731.23 and 731.42, hereby certify that the general and permanent ordinances of the City of Huron, Ohio, as revised, rearranged, compiled, renumbered as to sections, recodified and printed herewith in component codes are correctly set forth and constitute the Codified Ordinances of Huron, Ohio, 1980, as amended to November 1, 2001.
/s/ Edward Asher
Mayor
/s/ Phyllis Wassner
Council Clerk
Codified, edited and prepared for
publication by
THE WALTER H. DRANE COMPANY
Cleveland, Ohio
Copyright, 1980, by
The Walter H. Drane Company
THE CITY OF HURON
ROSTER OF OFFICIALS
(2002)
OFFICERS
City Manager Michael E. Tann
Administrative Assistant Phyllis Wassner
Director of Law M. Lee McDermond
Clerk of Council Phyllis Wassner
Director of Finance Catherine M. Ramey
Superintendent of Water
Pumping and Distribution Ronald E. Marsinick
Superintendent of Streets Dan Hoppe, Sr.
Police Chief Randy L. Glovinsky
Fire Chief John A. Zimmerman
Building Inspector John A. Zimmerman
Municipal Court Judge Ralph C. Pisano, Jr.
Clerk of Courts Julie Bollenbacher
Director of Parks and Recreation Gary Packan
Boat Basin Facility Manager Doug Steinwart
Human Resources Director Margaret Rudolph
COUNCIL MEMBERS
Edward Asher, Mayor
Glen Ginesi, Vice Mayor
George W. Sheard
Carole Dreffer
Terry Graham, Sr.
Marilyn Shearer
Richard S. Wennes
The publisher expresses his appreciation to
PHYLLIS WASSNER
Administrative Assistant
M. LEE McDERMOND
Director of Law
and all other officers and employees who gave their time and counsel to the
codification of the City Ordinances and the preparation of current replacement pages.
ORDINANCE NO. 1980-15
AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER, AND DECLARING AN EMERGENCY.
WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish a recodification of the City’s Ordinances, and
WHEREAS, the recodification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,
NOW THEREFORE BE IT ORDAINED by the Council of the City of Huron, Ohio:
Section 1. That the ordinances of the City of Huron, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Huron, Ohio, 1980.
One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk of Council, attached to this Ordinance as a part hereof, and filed with the permanent ordinance records of the City of Huron.
Section 2. That the provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect from and immediately after passage of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to March 23, 1980, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows:
(a) The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and modification.
(b) The repeal provided above shall not affect:
(1) The grant or creation of a franchise, license, right, easement or privilege;
(2) The purchase, sale, lease or transfer of property;
(3) The appropriation or expenditure of money or promise or guarantee of payment;
(4) The assumption of any contract or obligation;
(5) The issuance and delivery of any bonds, obligations or other instruments of indebtedness;
(6) The levy or imposition of taxes, assessments or charges;
(7) The establishment, naming, vacating or grade level of any street or public way;
(8) The dedication of property or plat approval;
(9) The annexation or detachment of territory;
(10) Any legislation enacted subsequent to March 23, 1980.
Section 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the residents of the City of Huron, Ohio, 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 residents of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements; wherefore, this Ordinance shall be in full force and effect from and immediately following its adoption.
/s/ George W. Sheard
Mayor
ATTEST:
/s/ Phyllis Wassner
Clerk of Council
Adopted: May 27, 1980
CONTENTS
PRELIMINARY UNIT
General Index
Comparative Section Table
Tables of Special Ordinances
CHARTER
PART ONE - Administrative Code
PART THREE - Traffic Code
PART FIVE - General Offenses Code
PART SEVEN - Business Regulation Code
PART NINE - Streets and Public Services Code
PART ELEVEN - Planning and Zoning Code
PART THIRTEEN - Building Code
PART FIFTEEN - Fire Prevention Code
EDITOR'S NOTE
The arrangement and numbering of the Codified Ordinances 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 Codified Ordinances.
The Comparative Section Table is included to show the disposition of every ordinance included in the Codified Ordinances. 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.
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 material following the chapter analysis.
ABANDONMENT
animal 505.04
excavations 521.03
refrigerator, airtight container 521.01
watercraft; motor 381.44
ACCIDENT
impounding vehicle 303.08
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 375.07
street, on 335.12
taxicab 721.14
unattended vehicle 335.12, 335.13
watercraft 383.02, 383.03
ADMINISTRATIVE CODE Chtr. 5.04
ADMINISTRATIVE SERVICES DEPARTMENT
creation; divisions; heads 157.01
Director; rules 157.02
ADOPTION BY REFERENCE
air pollution standards 715.06
Building Code, Ohio Basic; BOCA 1301.01
Dwelling Code, OBOA One,
Two and Three Family 1305.01
Fire Code, Ohio 1501.01
Fire Prevention Code, BOCA 1501.01
ordinances Chtr. 3.09
ADVERTISING
traffic control device, on 313.07
AIDING OR ABETTING 501.10
AIR POLLUTION CONTROL
noxious or offensive odors 521.09
vehicle exhaust 337.20
AIRTIGHT CONTAINER
abandoned 521.01
ALCOHOL (see INTOXICANTS; INTOXICATION)
ALLEY
defined 301.03
designation 305.01(c)
drinking intoxicants in 529.09
excavations (see EXCAVATIONS)
parking in 351.11
right of way
entering 331.17
leaving 331.22, 331.23
selling beer on 529.05
speed limit 333.03
subdivision (see SUBDIVISION REGULATIONS)
sweeping or shoveling solid waste onto 521.10
tire rims damaging 521.11
turning into 331.11
ALL PURPOSE VEHICLE (see also WATERCRAFT)
accident report 375.05
bicycle path, prohibited on 331.44
certificate of title 375.08
definitions 375.01
equipment 375.02
operation, prohibited 375.03
operator's license 375.04
penalty 375.99
Traffic Code application 375.03
AMENDMENTS
Administrative Code Chtr. 5.04
Charter Chtr. 12.06
Codified Ordinances 101.04
Council rules 121.01(XXIII)
Fire Prevention Code, BOCA 1501.03
personnel rules 161.02
recall petitions Chtr. 11.04
Traffic Control Map and File 305.03, 305.04
Zoning Ordinance 1131.03
ANIMAL-DRAWN VEHICLES
lights, emblem 337.10
ANIMALS
abandoning 505.04
barking or howling dogs 505.09
bites 505.10
coloring; poultry sale or display 505.12
cruelty 505.07
dangerous, exotic or vicious
definitions 505.17
display of license, permit or registration 505.14
escape report 505.15
exhibitions or fights 505.16
keeping 505.13
dog
handicapped assistance 525.15
kennels 505.11
police 525.15
registration 505.03
freeway, on 303.06
impounding and disposition 505.02
injuring or killing 505.05
noxious odors from shelters 521.09
nuisance 505.08
poisoning 505.06
police horse 525.15
running at large 505.01
sidewalk, defacing 521.04
street, on 303.05
APPEALS
air pollution violation 715.21
building (see BUILDING AND ZONING APPEALS BOARD)
Fire Prevention Code, BOCA 1501.03
Housing Code 1355.01 et seq.
Income Tax Review Board 185.12
liquified petroleum gas rules 1503.05
Personnel Appeals Board Chtr. 8.04, 8.05; 161.11
signs 1127.03
site plan review 1313.03(g)
zoning (see BUILDING AND ZONING APPEALS BOARD)
APPLIANCE (see GAS PIPING AND APPLIANCES)
APPROPRIATIONS
allotments
filing Chtr. 6.09
revising Chtr. 6.10
availability of funds Chtr. 6.08
ordinance
adoption Chtr. 6.06
budget, based on Chtr. 6.05
copies Chtr. 3.06, 6.07
effect Chtr. 6.07
effective date Chtr. 6.07
hearing Chtr. 6.06
revision Chtr. 6.11
revising Chtr. 6.10
transfers Chtr. 6.11
AREA REGULATIONS (see also HEIGHT REGULATIONS)
B-1 District 1125.01
B-2 District 1125.02
B-3 District 1125.03
floor area 1121.06
floor space
dwelling unit 1365.02
sleeping room 1365.03
lots
I-1 District 1125.04
I-2 District 1125.05
mobile home development 1127.07
planned development projects 1127.05
R-1 District 1123.01
R-1-A District 1123.02
R-2 District 1123.03
R-3 District 1123.04
sign 1127.03
windows 1361.02, 1361.03
yards (see YARDS)
ARREST
resisting 525.09
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
ASSEMBLY
disturbing lawful 509.04
street on; permit 311.02
ATTEMPTS 501.09
AUDIT
Council's authority Chtr. 2.08
AUTOMOBILE (see MOTOR VEHICLE)
AWNING (see SIGNS)
B-1 NEIGHBORHOOD BUSINESS DISTRICT
area (see AREA REGULATIONS)
changing 1131.03
defined 301.06
established; boundaries 1121.05
general provisions 1125.01
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
B-2 DOWNTOWN BUSINESS DISTRICT
area (see AREA REGULATIONS)
changing 1131.03
defined 301.06
established; boundaries 1121.05
general provisions 1125.02
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
B-3 GENERAL BUSINESS DISTRICT
area (see AREA REGULATIONS)
changing 1131.03
defined 301.06
established; boundaries 1121.05
general provisions 1125.03
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL
booster pumps 917.11
cross-connections prohibited 917.04
definitions 917.02
devices 917.08
fire protection systems 917.13
general policy 917.01
inspection and maintenance 917.10, 917.14
installation 917.09
protection required; types 917.06, 917.07
right of entry 917.14
sprinkler and irrigation 917.12
surveys and investigations 917.05
violations; discontinuance of water 917.15
water system 917.03
BAD CHECK 545.09
BARRICADES AND WARNING LIGHTS
excavations 901.07
required 521.03
BASEMENT
cellar defined 1351.04
defined 1351.03
occupancy 1305.05(7), 1365.05
BATHROOM (see under HOUSING CODE)
BED AND BREAKFAST RESIDENCES 1127.08
BETTING (see GAMBLING)
BICYCLE
bell, signal device 373.05
brakes 373.06
defined 301.04
freeway, on 303.06
lights 373.06
motorized 301.04(b), 373.10
parking 373.09
paths 331.44
reckless operation 373.02(d), 373 08
reflector 373.06
riding abreast 373.04
right side of street 373.07
seat, use 373.02
Traffic Code application 373.01
traffic rules, obedience 373.07
vehicle, attaching to 373.03
BILLBOARDS (see SIGNS)
BILLIARDS AND POOL
B-2 District 1125.02
BLACKJACK (see WEAPONS)
BINGO
exceptions 517.09
illegally conducting 517.06
operator prohibitions 517.08
records required 517.07
BLIND PERSON
right of way 371.02
BOARD OF TRUSTEES, POLICE AND FIRE RELIEF AND
PENSION FUNDS Chtr. 7.03
BOARDS AND COMMISSIONS (see also individual subject involved)
Council's powers to organize Chtr. 2.08
positions exempt Chtr. 8.02
BOAT (see WATERCRAFT)
BOCA BASIC BUILDING CODE (see BUILDING CODE, OHIO BASIC)
BONDS
construction; maintenance 1117.13
Council's power to issue Chtr. 2.08
employees, municipal Chtr. 12.02
excavation 901.03
issuance, powers Chtr. 9.01
mobile home development 1127.07
mortgage revenue Chtr. 9.02
special assessment Chtr. 9.03
store, temporary 731.04
surety, officer, employees Chtr. 12.02
Uniform Bond Law procedure Chtr. 9.06
BORROWING (see BONDS; FUNDS)
BOUNDARIES (see also individual district involved)
changing 1331.03
established; uncertainity 1121.05
BOWLING
B-3 District 1125.03
BRAKES (see VEHICLE EQUIPMENT)
BRASS KNUCKLES (see WEAPONS)
BRIDGE
pedestrian, on 371.01
speed on 333.05
BUDGET (see also FINANCES; TAXATION)
fiscal year Chtr. 6.01
hearing Chtr. 6.06
Manager to prepare Chtr. 4.02
municipal Chtr. 6.05
tax
hearing Chtr. 6.03
preparation Chtr. 6.02
BUILDING
accessory 1121.06
certificates
occupancy 1131.01(d)
zoning 1131.01(c)
condemning (see under HOUSING CODE)
construction
debris, burning 1505.03
tracking mud on street, sidewalk 521.13
defined 1121.04(15)
fire damaged 1501.06
flood area (see FLOOD HAZARD ZONING)
moving; permit fee 1321.07
nonconforming 1121.07
permit (see BUILDING PERMIT)
unsafe (see UNSAFE BUILDING)
BUILDING AND HOUSING INSPECTION DEPARTMENT
Director
appointment; duties 153.01
Building Official as (see BUILDING OFFICIAL)
disqualification 153.03
BUILDING AND ZONING APPEALS BOARD
appointment; powers 1131.02
Housing Code appeals 1355.01 et seq.
membership; term; authority Chtr. 7.02
personal interest 1355.05
powers of interpretation 1355.06
procedural rules; quorum 1355.05
transfer of functions Chtr. 13.11
unsafe building; hearing 1358.06
variances 1355.07
BUILDING APPEALS BOARD
abolished Chtr. 13.11
BUILDING CODE
Council's power to enact Chtr. 2.08
fees 1321.12
permits (see BUILDING PERMIT)
site plan review
fees 1313.04
procedure 1313.03
purpose 1313.01
requirements 1313.02
BUILDING CODE, OHIO BASIC
adoption 1301.01
application 1301.03
compliance 1301.04
conflict 1301.08
copies 1301.07
fire hydrant placement 1301.10
penalty 1301.09
plans; inspection fee 1301.09
purpose 1301.02
use and maintenance 1301.05
violation notice; stop work order 1301.06
BUILDING INSPECTOR
salary, position 161.04
BUILDING OFFICIAL (see also HOUSING INSPECTOR)
assistants 153.02
authority to cut wires, turn off electricity 1321.11(e)
bond 163.01
Building and Housing Inspection Director 153.01
home sale permit 741.04
site plan review Ch. 1313
Zoning Ordinance enforcement 1131.01
BUILDING PERMIT
City exempt from liability 1321.02
drain or culvert required prior to issuance 905.06
estimated cost defined 1321.03
fallout shelter 1335.02
fees
alterations; additions 1321.06
construction 1321.06
demolition 1321.08
electrical 1321.11
miscellaneous 1321.12
moving building 1321.07
plumbing 1321.10
required prior to permit issuance 1321.04
schedule adopted 1321.01
urban renewal 191.13
work discontinuance; refund 1321.05
BUMPERS
heights 337.29
BUS (see also COMMERCIAL AND HEAVY VEHICLE)
defined 301.05
school bus
defined 301.35
discharging children 331.38
driving regulations 331.38
stopping for 331.38
stops, parking in 351.10
BUSINESS DISTRICT (see B-1, B-2 and B-3 DISTRICTS)
CANDY
adulterated 537.13
CANVASSERS (see PEDDLERS AND SOLICITORS)
CARRYING CONCEALED WEAPONS 549.02
CAT (see ANIMALS)
CATTLE (see ANIMALS)
CATV (see also SATELLITE RECEIVING STATIONS)
defined 713.01
franchise required 713.03
penalty 713.99
public utility 713.02
tapping 545.21
CELLAR (see BASEMENT)
CERTIFICATE OF TITLE
motor vehicle 335.08
off-highway motorcycle, all purpose vehicle 375.08
CHARTER
amendments Chtr. 12.06
continuation
contracts Chtr. 13.06
officers, employees Chtr. 13.03, Chtr. 13.04
ordinances Chtr. 13.02
Council election, effect Chtr. 13.09
effective date Chtr. 13.08
fiscal succession Chtr. 13.01
incorporation Chtr. 1.01
pending actions Chtr. 13.07
powers Chtr. 1.02, 1.03
severability Chtr. 12.07
transfer of records, property Chtr. 13.05
CHAUFFEUR'S LICENSE (see COMMERCIAL DRIVER'S LICENSE)
CHEATING 517.05
CHILD (see JUVENILE; MINOR)
CHILD ENTICEMENT, CRIMINAL 537.17
CHILD RESTRAINT SYSTEM 337.26
CIGARETTES (see TOBACCO)
CITY
incorporation Chtr. 1.01
powers Chtr. 1.02, 1.03
seal 103.01
CITY MANAGER (see MANAGER, CITY)
CITY-OWNED PROPERTY, DISPOSITION OF
real property 173.01
CIVIL RIGHTS
interfering with 525.13
CLERK OF COUNCIL (see under COUNCIL)
CODIFIED ORDINANCES (see also ORDINANCES AND RESOLUTIONS)
conflicting provisions 101.06
construction
rules of 101.03
section references 101.05
definitions 101.02
designation; citation; headings 101.01
legislative intent 101.07
penalty 101.99
revivor; amendment or repeal 101.04
severability 101.08
COERCION 537.09
COIN MACHINE
definition 545.01
slug use 545.11
tampering 545.12
COLLISION (see ACCIDENT)
COMMERCIAL AND HEAVY VEHICLE
brakes 337.18
chains, spikes or lugs 339.10
definitions 341.01
driver
fatigued or ill 341.02
hours of service 341.03
explosives, transporting 339.06
garbage collection vehicle 931.03
height, maximum 339.03
length, maximum 339.03
lights (see VEHICLE LIGHTS)
loading zones, designation 305.01(f)
loads (see VEHICLE LOADS)
local streets, use 339.02
mud
flaps 339.05
tracking 339.08, 521.13
permit, special 339.01, 339.02
route information on request 339.04
slower vehicles to use right lane 331.01
slow-moving
grade crossing, at 331.41
lights and emblem 337.10
State regulations, companies and private carriers 339.13
State route, use 339.01, 339.02
towing requirements 339.07
truck
defined 301.49
parking 351.16
routes 305.01(k), 339.02
weighing 339.12
wheel protectors 339.05
width, maximum 339.03
COMMERCIAL DRIVERS
criminal offenses 341.05
definitions 341.01
employment 341.06
exemptions 341.02
operation 341.03
penalty 341.99
prohibitions 341.04
COMMISSIONS (see BOARDS AND COMMISSIONS)
COMMUNITY ANTENNA TELEVISION SYSTEM (see CATV)
COMMUNITY DEVELOPMENT DEPARTMENT
creation; composition 155.01
Director 155.03
Grants Divisions 155.02
COMPLICITY 501.10
COMPOUNDING A CRIME 525.04
COMPUTER CRIMES 501.01, 545.01
CONDEMNATION (see under HOUSING CODE)
CONTRACTS (see also PURCHASING AGENCY)
continuation Chtr. 13.06
illegal, voidable Chtr. 5.09
interest, unlawful Chtr. 5.08, 525.10
procedure Chtr. 6.12
urban renewal, federal aid 191.09
CONTROL
physical 333.01
reasonable 331.34, 333.08
CORONER’S VEHICLE
exemptions 303.041
right of way 331.21
CORPORATION (see ORGANIZATION)
COUNCIL
Administrative Code Chtr. 5.04
appropriations (see APPROPRIATIONS)
Charter, effect Chtr. 13.09
Clerk
election; term; duties Chtr. 2.12
Manager acting as 131.02
oath of office Chtr. 12.01
position exempt Chtr. 8.02
salary 161.04
vacancy 121.02
contracts (see CONTRACTS)
election
contests Chtr. 2.03
nonpartisan ballot Chtr. 2.01
journal 121.01
Manager, relation to Chtr. 4.05
Mayor (see MAYOR)
meetings
Law Director to attend 139.01
organization; open Chtr. 2.09
regular 121.01
membership; term Chtr. 2.01
mobile home development 1127.07
oath of office Chtr. 12.01
planned development projects 1127.05
position exempt Chtr. 8.02
powers Chtr. 2.08
purchase, approval 159.04
qualifications Chtr. 2.02
removal from office Chtr. 12.04
resignation of member 121.01(XXI)
rules; journal Chtr.2.07, 121.01
salary Chtr. 2.06
urban renewal action 191.08
vacancies
creation Chtr. 2.04
filling Chtr. 2.05
Zoning Ordinance change 1131.03
COURT, MUNICIPAL
Baliff's salary 161.04
Clerk
Deputy's salary 161.04
salary, position 161.04
credit of imprisonment for fine nonpayment 181.01
editor's note Ch. 181
CREDIT CARD
misuse 545.10
taking identity of another 545.22
CRIMINAL MISCHIEF 541.04
CRIMINAL SIMULATION 545.13
CRIMINAL TOOLS, POSSESSION 545.19
CROSSWALK
defined 301.09
obstructing 331.33
pedestrian right of way 371.01
CRUELTY
animals 505.07
children 537.07
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)
CULVERT (see DRAINS AND DITCHES)
CURB
driving over 331.37
painting, no parking 313.09
CURFEW, MINORS
definitions 531.01
penalty 531.99
probationary license 335.031
prohibited conduct; exceptions
minor 531.02
owners and operators 531.04
parents 531.03
temporary instruction permit 335.03
DANGEROUS ORDNANCE (see also WEAPONS; EXPLOSIVES)
defined 549.01
failure to secure 549.05
possession 545.19(b)
DEFINITIONS
air pollution control 715.01
basement 1351.03
building 1121.04(15)
cellar 1351.04
Codified Ordinances 101.02
community antenna television system 713.01
culpability 501.08
curfew, minors 531.01
dangerous ordnance 549.01
detention 525.01
Dock Master 385.01
drug abuse 513.01
Dwelling House Code, Regional 1305.02
dwellings, dwelling unit 1351.05, 1351.06
estimated cost 1321.03
excavations 901.01
explosives 549.01
extermination 1351.07
fallout shelter, family 1335.01
family member 537.14
flood hazard zoning 1128.03
gambling 517.01
garbage 1351.08
gas piping and appliances 1333.01
habitable room 1351.09
home sale 741.01
Housing Code Ch. 1351
Housing Inspector 1351.11
income tax 185.02
infestation 1351.12
intoxicants 529.01
junk vehicles 523.01
junk yard 1121.04(40)
law enforcement officer 501.01
liquor control 529.01
lots 1121.04
material harmful to juveniles 533.01
mobile homes 1127.07
motorized bicycle 301.04(b)
obscenity 533.01
offense of violence 501.01
open burning 1505.01
peddlers and solicitors 711.01
Personnel Division 161.03
physical harm 501.01
plumbing 1351.17
property 501.01
public servant 525.01
rooming unit 1351.18
rubbish 1351.19
sewage, sanitary 913.02
sexual offenses 533.01
signs 1121.04(59), 1127.03
store, temporary 731.01
street 1121.04(64)
Subdivision Regulations 1111.03
taxicabs 721.01
theft and fraud 545.01
Traffic Code Ch. 301
urban renewal 191.03
watercraft 381.01
weapons 549.01
yards 1121.04
Zoning Ordinance 1121.04
DEFRAUDING CREDITORS 545.17
DEMOLITION OF BUILDINGS
open burning 1505.03
permit fee 1321.08
DEPARTMENTS (see also individual subject involved)
Administrative Code Chtr. 5.04
administrative
creation Chtr. 5.01
divisions Chtr. 5.03
heads Chtr. 5.02
Directors; positions exempt Chtr. 8.02
over-expenditures Chtr. 5.07
purchasing agency Chtr. 5.05
DERELICTION OF DUTY 525.12
DESECRATION 541.07
DESIGN REVIEW REGULATIONS
certificate of appropriateness 1135.06, 135.07
definitions 1135.02
design review 1135.05
Design Review Board
established 1135.03
powers and duties 1135.04
exclusions 1135.09
maintenance requirements 1135.08
penalty 1135.99
purpose 1135.01
DETENTION
defined 525.01
shoplifters; suspicious persons 545.04
DIRT BIKE (see MOTORCYCLE, OFF-HIGHWAY)
DISORDERLY CONDUCT (see also DISTURBING THE PEACE)
disturbing others 509.03
inducing panic 509.06
intoxicated persons 509.03
riot (see RIOT)
sleeping or changing clothes in vehicles 509.09
DISTRICTS (see individual district involved)
DISTURBING THE PEACE (see also DISORDERLY CONDUCT)
muffler noise 337.20
prohibited; penalty 509.08
sound amplifying systems, loud 509.10
squealing tires; peeling 331.36
vehicle exhaust noise 331.36
DITCH (see DRAINS AND DITCHES)
DOCUMENTS (see under RECORDS AND REPORTS)
DOGS (see ANIMALS)
DOMESTIC VIOLENCE 537.14
DRAG RACING 333.07
DRAINS AND DITCHES (see also SEWERS; WATER)
building permit requirements 905.06
compliance required 521.05
culvert, damaging 911.09
failure to comply; City action 905.05
inspections 905.01
new installation materials 905.03
owner to pay costs 905.04
notice to correct defects 905.02
penalty 905.99
DRIVER'S LICENSE
display 335.06
fictitious, revoked 335.04
motorcycle, off-highway 375.05
motorcycle operator 335.01(a)
motorized bicycle 373.10
nonresident driver 335.01(b)
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 375.05
taking identity of another 545.22
temporary, licensed driver required 335.03
DRIVEWAY
excavation (see EXCAVATIONS)
right of way
entering 331.17
leaving 331.22, 331.23
turning into 331.11
DRIVING
allowing another to drive illegally 335.05
approaching stationary public safety vehicle 333.031
assured clear distance 331.09, 333.03
backing vehicle 331.13
certificate of title required 335.08
directional signals required 337.30
divided street 331.31
driver's view, control 331.25, 337.21
drunk or drugged 333.01
earplugs or earphones; wearing prohibited 331.43
fire hose, over 331.28
following emergency, safety vehicle 331.27
following too closely 331.09
grade crossing 331.39, 331.40
hazardous zones 331.07
lanes, within 331.08
left side of street 331.06
one-way street 331.30
passing
left of center 331.05
left side 331.03
no passing zones 331.07
right side 331.02, 331.04
reckless 331.34, 333.02, 333.09
right side of street 331.01
right turn on red 313.03(c)(2)
rotary traffic island, around 331.30
safety zone, through 331.29
shortcutting 331.45
sidewalk, street lawn, curb over 331.37
signals for turning or stopping 331.14, 331.15
speed (see SPEED)
starting vehicle 331.13
streets, on 331.34
street under repair 331.26
traffic control device, avoiding 331.45
turning
driveway, alley or building 331.11
intersection, at 331.10
left, right of way 331.17
signals 331.14, 331.15
U turn 331.12
unsafe vehicle 337.01
willful, wanton disregard 333.02
yellow line 331.07
DRUG ABUSE
adulterated food 537.13
attempt 501.09(e)
counterfeit controlled substance 513.13
definitions 513.01
driving under influence 333.01
drug paraphernalia 513.12
drug samples 513.08
harmful intoxicant
nitrous oxide in vehicle 513.11
possessing or using 513.07
hypodermic, authorized possession 513.10
instruments 513.04
labels, prescription 513.09
marihuana
gift 513.02
illegal cultivation 513.06
possession or use 513.03
permitting 513.05
steroids, anabolic 513.03
walking on street under influence 371.09
watercraft operation under influence 381.24
weapons use 549.03
DRUG SAMPLES 513.08
DRUNK DRIVING 333.01
DWELLING AND DWELLING UNIT
clean, sanitary 1363.09
condemnation proceedings Chtr. 1357
conversion; rear 1121.06
definitions 1121.04, 1351.05, 1351.06
requirements (see HOUSING CODE)
responsibility of owner, occupant Ch. 1367
room arrangement 1365.06
unsafe (see UNSAFE BUILDINGS)
watercraft 381.46
DWELLING CODE, OBOA ONE, TWO AND THREE FAMILY (see also HOUSING CODE)
adoption 1305.01
definitions 1305.02
future Code changes 1305.03
penalty 1305.99
DUI 333.01
EARPLUGS AND EARPHONES
wearing while driving prohibited 331.43
ECONOMIC DEVELOPMENT COMMITTEE
duties 175.02
members 175.01
EGRESS 1359.09
ELECTIONS
ballots Chtr. 10.05
conduct Chtr. 10.02
Council Chtr. 2.01, 2.03
dates Chtr. 10.01
funds, public, use Chtr. 10.09
nominations
petition Chtr. 10.04
procedure Chtr. 10.03
plurality, tie votes Chtr. 10.08
recall (see RECALL)
watchers and challengers Chtr. 10.07
write-in candidates Chtr. 10.06
ELECTRICAL CODE
adoption 1305.01
ELECTRICITY (see also UTILITIES)
fees 1321.11
Housing Code 1361.05
EMBLEM
motor vehicle, illegal use 525.14
EMERGENCY
borrowing Chtr. 9.05
Housing Code 1353.06
misconduct at 509.05
misuse of 911 system 537.12
traffic direction 303.02
weather 163.14
EMERGENCY VEHICLE (see also PUBLIC SAFETY VEHICLE)
defined 301.11
exemptions 303.041
following, parking near 331.27
speed exceptions 333.06
stop sign or signal, effect 331.20
EMPLOYEES, MUNICIPAL (see also PERSONNEL DIVISION; PUBLIC SERVANT)
benefits, eligibility for 163.13
bonds Chtr. 12.02, 163.01
continuation Chtr. 13.04
contract interest Chtr. 5.08
Council (see COUNCIL)
exempt positions Chtr. 8.02
fees Chtr. 12.03
holidays 163.04
jury duty 163.08
leaves of absence
emergency 163.11
family death 163.03
maternity 163.07
sick 163.02
training
military 163.09
professional 163.10
longevity pay 163.15
Manager's authority Chtr. 4.02
merit system Chtr. 8.01
oath of office Chtr. 12.01
officers, continuation Chtr. 13.03
over-expenditures Chtr. 5.07
partisan candidacy Chtr. 8.06, 8.08
political activity Chtr. 8.07, 8.08
promotional examinations Chtr. 8.09
removal from office Chtr. 12.04
salary and position schedule 161.04
travel, mileage allowance 163.06
vacations 163.05
weather emergencies 163.14
ENGINEER, CITY
improvements, inspection 1117.03
sidewalk requirements 903.01
ENGINEERING DIVISION
creation; Service Director as head 147.01
rules; suspension 147.02
ENVIRONMENTAL BOARD (see under AIR POLLUTION CONTROL BOARD)
ETHNIC INTIMIDATION 541.08
EXCAVATIONS
abandoned, protection 521.03
barricades and warning lights 901.07
definitions 901.01
deposit
required 901.03
return; deficiency 901.08
liability insurance 901.04
penalty 901.99
permit
conditions 901.05
fee 901.03
required; exception 901.02
restoration supervision; costs 901.06
sewer (see SEWERS)
EXHIBITIONS AND SHOWS
animals, dangerous or vicious 505.16
EXPLOSIVES
definitions 301.12, 549.01
flammable liquid
defined 301.14
storage 1501.04
M-2 District 1125.05
storage 1501.04
transporting 339.06
EXTERMINATION
defined 1351.07
infestation defined 1351.12
mobile home development 1127.07
occupant's responsibility 1367.06
violation 1353.05
FAIR HOUSING
Board 1377.01
definitions Ch. 1371
enforcement procedures 1379.01
legal action 1381.02
notices, posting 1375.01
scope of regulations 1381.01
unlawful practices
lending institutions 1373.02
person; real estate agent 1373.01
FALLOUT SHELTERS, FAMILY
application 1335.05
defined 1335.01
permit; fee; conditions 1335.02
standard
construction; stability 1335.04
design 1335.03
FALSE INFORMATION
traffic citation 303.09
FALSE REPORTS
fire alarms 509.07
inducing panic 509.06
FALSIFICATION
prohibited 525.02
taking identity of another 545.22
watercraft numbers; information 383.04
FEES
building
miscellaneous 1321.12
moving 1321.07
permits Ch. 1321
plan inspection 1301.09
commercial and heavy vehicle permit 339.02
Council meeting; notice 121.01
demolition, building or structure 1321.08
development permit, flood hazard zoning 1128.13
electrical 1321.11
excavation permit 901.03
fallout shelter permit 1335.02
Fire Code, Ohio; permits 1501.04
flammable liquid storage permit 1501.04
garbage, rubbish collection license 931.02
heating 1321.09
home sale permit 741.04
Housing Code petition, filing 1355.02
Nickel Plate Park parking lot 149.02, 935.01
officers or employees, accounting Chtr. 12.03
plumbing 1321.10
rooming house permit 1369.02
sewer connection permit 911.03
sign permit 1127.03
site plan approval request 1313.04
store, temporary; license 731.03, 731.04
Subdivision Regulations 1111.06
taxicab licenses
driver 721.12
operator 721.09
water connection 915.03
watercraft
impounding, storage 381.29
mooring permit 385.01
zoning
application or appeal 1131.02
certificate 1131.01(f)
FENCES
barbed wire or electric 521.07
yards, location in 1129.04
FINANCE DEPARTMENT (see also DEPARTMENTS; FUNDS)
accounting system Chtr. 6.12
authorization to withdraw funds 135.03
creation Chtr. 5.01
Director
Assistant
bond 163.01
creation; duties 135.04
salary, position 161.04
bond 163.01
duties; responsibilities Chtr. 5.11, 135.01
position exempt Chtr. 8.02
purchases, emergency 159.06
removal from office Chtr. 12.04
salary, position 161.04
fiscal year Chtr. 6.01
functions Chtr. 5.11
income tax (see INCOME TAX)
interest on pooled investments 135.05
oath of office Chtr. 12.01
tax
budget
annual Chtr. 6.02
hearing Chtr. 6.03
levies Chtr. 6.04
transfer of functions Chtr. 13.10
Treasury Investment Account 135.02
waiting room, no smoking 1501.03
FIREARM (see WEAPONS)
FIRE DAMAGED STRUCTURE 1501.06
FIRE DEMAND CERTIFICATE 1321.11(d)
FIRE DIVISION
Chief
authority to cut wires, turn off electricity 1321.11(e)
Division head 141.01
Fire Code, modifying 1501.05
fire hydrant location approval 1301.10
inspections; correction orders 143.05
powers; duties 143.02
rules; regulations 143.03
suspensions 141.02
vacancy 143.01
creation; composition 143.01
Dispatcher's salary, position 161.04
equipment, apparatus; use penalty 143.06
established 141.01
meetings; attendance records 143.04
parking area 351.13
Volunteer Firemen's
Relief and Pension Fund
Board of Trustees Chtr. 7.03
establishing Chtr. 2.08
volunteer personnel; salary 161.04
FIRE HOSE
driving over 331.28
FIRE HYDRANT
construction 1119.09
placement, indicating prior to permit issuance 1301.10
FIRE LANE
designation 305.01(l)
FIREMAN
directing traffic 303.02(a)
FIRE PREVENTION
backflow prevention devices 917.13
extinguishers on watercraft 381.41
sprinkler system water rates 915.20
FIRE PREVENTION CODE (see OHIO FIRE CODE)
FIRE TRUCK
approaching when stationary 333.031
following parking near 331.27
FIREWORKS
definitions 1519.01
exceptions to regulations 1519.04, 1519.05
penalty 1519.99
possession; sale; discharge 1519.04
public exhibition permit
fee; bond; records 1519.02
unlawful conduct 1519.03
FLAMMABLE LIQUID (see EXPLOSIVES)
FLOOD HAZARD ZONING
abrogation and greater restrictions 1128.08
applicable lands 1128.05
compliance 1128.07
definitions 1128.04
development permit established;
filing exemption 1128.12, 1128.13
establishing areas of special flood hazard 1128.06
findings of fact 1128.01
flood damage prevention administrator
designated; duties 1128.14, 1128.15
flood losses, methods of reducing 1128.03
floodways 1128.20
interpretation 1128.09
penalty 1128.99
purpose 1128.02
standards
general 1128.18
specific 1128.19
variance procedure; conditions 1128.16, 1128.17
violations; penalties 1128.11
warning and disclaimer of liability 1128.10
FOOD
adulterated 537.13
FORGERY
identification cards 545.20
taking identity of another 545.22
FOWL (see also ANIMALS)
coloring; sale or display 505.12
running at large 505.01
FRANCHISE
community antenna television system 713.03
public utility, power to grant Chtr. 2.08
FRAUD
bad check passing 545.09
credit card 545.10
creditors 545.17
definitions 545.01
personating an officer 545.16
securing writings by deception 545.15
taking identity of another 545.22
FREEWAY (see STREET)
FUNDS (see also APPROPRIATIONS; FINANCE DEPARTMENT)
authorization to withdraw 135.03
availability Chtr. 6.08
elections, use in Chtr. 10.09
income tax, allocation 185.15
notes, issuance Chtr. 9.05
Police and Fire Relief and Pension Chtr. 7.03
Treasury Investment Account 135.02
FUNERAL PROCESSION
driving in 331.24
GAMBLING
bingo (see BINGO)
cheating 517.05
definitions 517.01
operating house 517.03
prohibited conduct 517.02
public gaming 517.04
GARAGE (see SERVICE STATION)
GARAGE SALE (see HOME SALE)
GARBAGE, RUBBISH AND RECYCLABLES (see also SOLID WASTE)
collection
charges, reduction of 931.06
license; fee 931.08
rates 931.04
schedule 931.03
special, City wide 931.05
containers 931.02
definitions 931.01
disposal 931.10
garbage
defined 1351.08
disposal
facilities required 1359.06
occupant's responsibility 1367.04
hauling scattering or spillage 931.09
mobile home development 1127.07
penalty 931.99
receptacle location violation 1353.05
regulations 931.07
rubbish
defined 1351.19
disposal; occupants responsibility 1367.03
storage facilities 1359.07
GAS PIPING AND APPLIANCES
compliance 1333.02
definitions 1333.01
large installations 1333.05
penalty 1333.99
reference diagrams available 1333.06
requirements
house line 1333.04
service line 1333.03
GLUE SNIFFING 513.07
GRADE
preparation 1119.02
subdivision 1117.05
GRANTS DIVISION Ch. 155, 161.04
HALLOWEEN
adulterated food 537.13
HANDICAPPED PERSONS
assistance dog, assaulting 525.15
HARASSING
peddlers; solicitors 711.08
HARBOR LINE 387.01
HARBOR, SMALL BOAT MOORING
enforcement 385.03
permit; fees 385.01
posting; distribution 385.02
HAWKERS (see PEDDLERS AND SOLICITORS)
HEALTH SERVICES ed note Ch. 169
HEATING
fees 1321.09
Housing Code 1361.06
HEIGHT REGULATIONS (see also AREA REGULATIONS)
B-1 District 1125.01
B-2 District 1125.02
B-3 District 1125.03
building height defined 1121.04(16)
ceiling; habitable room 1365.04
Council's authority Chtr. 2.08
I-1 District 1125.04
I-2 District 1125.05
mobile home development 1127.07
modifications 1129.02
planned development projects 1127.05
R-1 District 1123.01
R-1-A District 1123.02
R-2 District 1123.03
R-3 District 1123.04
sign 1127.03
HIGHWAY (see STREET)
HITCHHIKING 371.06
HOME SALE
defined 741.01
intent 741.02
penalty 741.99
permit; fee 741.04
prohibitions; signs; hours 741.03
HOMICIDE
negligent 537.01
vehicular 537.02
HORN (see VEHICLE EQUIPMENT)
HORSES (see ANIMALS)
HOTEL 1369.06(f)
HOUSING CODE (see also DWELLING CODE, OBOA ONE, TWO AND
THREE FAMILY)
appeals
hearing
granting 1355.02
proceedings; findings 1355.04
notice 1355.02, 1355.03
powers of Board 1355.01
area (see AREA REGULATIONS)
basement occupancy 1365.05
bathroom
floor surface 1363.06
required 1359.03
sharing prohibited 1359.04
windows 1361.04
ceiling height 1365.04
clean,sanitary dwelling 1363.09
condemnation proceedings
compliance 1357.01
dwellings
reoccupancy 1357.04
unfit for habitation 1357.02
vacation of premises 1357.03
hearing 1357.06
placard, removing 1357.05
definitions Ch. 1351
discontinuance of service, facility 1363.08
doors, hatchways 1363.03
egress 1359.09
electricity requirements 1361.05
emergency orders 1353.06
enforcement
by City Manager 1353.05
by Housing Inspector 1353.01
extermination (see EXTERMINATION)
floor space
dwelling unit 1365.02
sleeping room 1365.03
garbage disposal facilities 1359.06
heating facilities 1361.06
height (see HEIGHT REGULATIONS)
inspections; right of entry 1353.02
Inspector (see HOUSING INSPECTOR)
kitchen sink 1359.02
lighting; halls or stairways 1361.07
minimum standards, compliance
equipment, facilities 1359.01
light, ventilation, heating 1361.01
safety; sanitation 1363.01
space, height, use 1365.01
penalty 1353.99
plumbing (see PLUMBING)
purpose 1351.01(b)
rain carriers 1363.10
responsibility
occupant
clean, sanitary
dwelling 1367.02
disposal
garbage 1367.04
rubbish 1367.03
owner 1367.01
right of entry 1353.02
room arrangement 1365.06
rooming house (see ROOMING HOUSE)
rubbish storage facilities 1359.07
rules and regulations 1353.03
safe equipment facilities 1363.07
screening
basement 1361.09
required 1361.08
screens, hanging 1367.05
stairs; porches 1363.04
title 1351.01(a)
unsafe buildings (see UNSAFE BUILDINGS)
variances 1355.07
violation notice 1353.04
water-heating facilities 1359.08
watertight; rodentproof; weathertight structure 1363.02
window
area
openable 1361.03
required 1361.02
bathroom 1361.04
watertight; rodentproof 1363.03
HOUSING INSPECTION DEPARTMENT (see BUILDING AND HOUSING
INSPECTION DEPARTMENT)
HOUSING INSPECTOR (see also BUILDING OFFICIAL)
defined 1351.11
Housing Code enforcement 1353.01
HYPODERMIC
authorized possession 513.10
illegal 513.04
I-1 LIGHT INDUSTRIAL DISTRICT
area (see AREA REGULATIONS)
changing 1131.03
conditional industrial uses 1131.02(f)(4)
established; boundaries 1121.05
general provisions 1125.04
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
performance standards 1127.06
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
I-2 GENERAL INDUSTRIAL DISTRICT
area (see AREA REGULATIONS)
changing 1131.03
conditional industrial uses 1131.02(f)(4)
established; boundaries 1121.05
general provisions 1125.05
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
performance standards 1127.06
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS))
IDENTIFICATION CARDS
forgery 545.20
taking identity of another 545.22
IMPERSONATION
law enforcement officer to defraud 545.16
public servant 525.03
taking identity of another 545.22
IMPORTUNING 533.05
IMPOUNDING
animals 505.02
vehicle
junk 523.04
left on private
property 303.081
release; charges 303.083
traffic violations 303.08
IMPROVEMENTS
bond 1117.13
continuation Chtr. 13.06
flood hazard zoning 1128.15
mobile home development 1127.07
subdivision (see under SUBDIVISION REGULATIONS)
INCOME TAX (see also TAXATION)
Administrator
duties 185.08
investigative powers 185.09
allocation of funds 185.15
collection
after termination of chapter 185.14
at source 185.06
of unpaid 185.11
declarations 185.07
definitions 185.02
Division
Administrator 137.02
Bookkeeper-Cashier's bond 163.01
creation; compensation 137.01
divulging confidential information 185.09
effective period 185.04
employer’s withholding 185.06
imposition 185.03
interest and penalties 185.10
penalty; violations 185.99
purpose 185.01
refunds 185.11
relief provisions 185.13
return; payment 185.05
Review Board 185.12
INDECENCY (see SEXUAL OFFENSES; OBSCENITY)
INITIATIVE AND REFERENDUM Chtr. 3.08
INSECTS (see EXTERMINATION)
INTERSECTION
defined 301.17
designation 305.01
obstructing 331.33
right of way 331.16, 331.17
stop signs 313.02
turning at 331.10
INTOXICANTS (see also INTOXICATION)
definitions 529.01
drinking in public places or on private property 529.09
harmful
possessing or using 513.07
trafficking in 513.11
hours or sale or consumption 529.08
intoxicated persons, sales to 529.03
minors
age warning signs 529.06
prohibited where sold 529.10
open container prohibited 529.07
permit for sale or manufacture 529.05
sale
low-alcohol beverages 529.06
minors, to 529.02, 529.06
purchase by minors 529.021, 529.06
securing public accommodations 529.02
INTOXICATION (see also INTOXICANTS)
disorderly conduct 509.03
driving while intoxicated, testing 333.01
walking on street 371.09
watercraft operation 381.24
weapon use 549.03
INVASION OF PRIVACY
voyeurism 533.06
JAYWALKING 371.03
JUNK MOTOR VEHICLE
definitions 523.01
disposition 523.03
impounding 523.04
prohibited 523.02, 1121.06(w)
JUNK YARD
defined 1121.04(40)
M-2 District 1125.05
JURISDICTION 501.05
JUVENILE (see also MINOR)
corruption 533.03
delinquency, contributing to 537.18
displaying matter harmful to 533.13
material harmful to
deception to obtain 533.12
disseminating 533.11
sale of marihuana paraphernalia to 513.12
KEYS
motor vehicle parking, removal 303.03, 351.07
KNIFE (see WEAPONS)
LAKE FRONT PARK (see PARKS)
LANDSCAPING 1127.14
LAW DEPARTMENT (see also DEPARTMENTS)
creation Chtr. 5.01
Director
air pollution injunctive proceedings 715.25
Council
duty 121.01(V)
meetings, attending 139.01
giving opinions 139.02
position exempt Chtr. 8.02
qualifications; duties Chtr. 5.01
removal from office Chtr. 12.04
oath of office Chtr. 12.01
LAW ENFORCEMENT (see individual subject involved)
LAW ENFORCEMENT OFFICER (see also PUBLIC SERVANT)
defined 501.01
dereliction of duty 525.12
failure to aid, resisting 525.06
hampering at emergency 509.05
ignition key removal 303.03
misconduct allegation 525.16
personating 545.16
traffic order, compliance with 303.01
LIABILITY, CRIMINAL 501.07
LIBRARY
rights; property damage 545.04
LICENSE (see also PERMIT)
animal dangerous; display 505.14
driving (see DRIVER'S LICENSE)
garbage, rubbish collection 931.02
peddlers; solicitors; canvassers 711.02 et seq.
store, temporary 731.02 et seq.
taxicab
driver 721.12
operator 721.02 et seq.
watercraft (see WATERCRAFT LICENSING)
LICENSE PLATES
display, expired or unlawful 335.09
illegal
impounding vehicle 303.08
use of 335.11
rear, illumination 337.04
unobstructed 335.10
LICENSE TAX
motor vehicle; additional 187.04
LIGHTS, VEHICLE (see VEHICLE LIGHTS)
LIMITATION OF PROSECUTION 501.06
LIQUEFIED PETROLEUM GAS
appeals 1501.05
fire limit districts 1503.04
penalty 1503.99
permit
application; plans 1503.03
revocation 1503.06
rules
established 1503.01
interpretation 1503.07
tanks or containers
large; permit 1503.03
small 1503.02
LIQUOR (see INTOXICANTS; INTOXICATION)
LITTERING
from motor vehicle 331.42
generally 521.08
watercraft, from 381.49
LOADING ZONES
designation 305.01(f)
LOADS, VEHICLE (see VEHICLE LOADS)
LOITERING
minors 531.02
solicitation, to engage in 533.091
LOTS
area 1129.05
corner 1121.06
definitions 1121.04
filling, draining 521.05
mobile home 1127.07
of record 1129.01
subdivision (see SUBDIVISION REGULATIONS)
M-MARINA DISTRICT
changing 1131.03
established; boundaries 1121.05
general provisions 1127.04
landscape requirements 1127.14
performance standards 1127.06
signs 1127.03
uses (see USE REGULATIONS)
MANAGER, CITY
absence; disability Chtr. 4.03
Administrative Services Director 157.02
appointment Chtr. 4.01
authority; powers 131.01
bond 163.01
business licenses (see individual subject involved)
Community Development Director 155.01
Council Clerk, acting as 131.02
Council, relation to Chtr. 4.05
department head appointments Chtr. 5.02
discipline of employees 161.10
duties Chtr. 4.02
Housing Code enforcement 1353.05
oath of office Chtr. 12.01
position exempt Chtr. 8.02
power to appoint, remove Chtr. 2.08
purchases, emergency 159.06
purchasing, supervising Chtr. 5.05
removal Chtr. 4.04, 12.04
residence requirements Chtr. 4.01
tax budget Chtr. 6.02, 6.03
urban renewal responsibility 191.04 et seq.
MANUFACTURED HOME (see TRAILER)
MANSLAUGHTER, VEHICULAR 537.02
MARIHUANA
gift 513.02
illegal cultivation 513.06
possessing or using 513.03
MARQUEE (see SIGNS)
MAYOR
bond 163.01
Council duties 121.01
editor's note Ch. 133
oath of office Chtr. 12.01
removal from office Chtr. 12.04
selection by Council; salary Chtr. 2.10
Vice-Mayor duties; salary Chtr. 2.11, 121.01
oath of office Chtr. 12.01
removal from office Chtr. 12.04
vacancy 121.02
MEETINGS
Council; open Chtr. 2.09, 121.01
Fire Division 143.04
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)
criminal child enticement 537.17
curfew (see CURFEW, MINORS')
distributing tobacco products to 537.16
endangering 537.07
firearm purchase 549.07
illegal use 533.14
intoxicant sales 529.06
prohibited where liquor sold 529.10
unruliness, contributing to 537.18
watercraft, operating 381.19
MISDEMEANOR (see OFFENSE)
MOBILE HOME (see also TRAILER)
flood (see FLOOD HAZARD ZONING)
planned developments 1127.07
MOPED (see MOTORIZED BICYCLE)
MOTELS AND MOTOR HOTELS 1127.02, 1369.06(f)
MOTORCYCLE
brakes 337.18
defined 301.19
handle bars 373.02
headlight required 337.03
helmets; safety glasses 373.02
license to operate 335.01(a)
muffler 337.20
off-highway (see MOTORCYCLE, OFF-HIGHWAY)
rear-view mirror 337.21
riding abreast 373.04
seat, use 373.02
vehicle, attaching to 373.03
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 373.10
equipment 373.10
lights 337.02
MOTOR VEHICLE
all purpose (see ALL PURPOSE VEHICLE)
bicycle path, prohibited on 331.44
certificate of title 335.08
defined 301.20
driving (see DRIVING)
emblem, illegal use 525.14
entering or leaving moving vehicle 371.06
equipment (see VEHICLE EQUIPMENT)
homicide by 537.02
impounding (see IMPOUNDING)
inoperative; parking 351.17
junk (see JUNK MOTOR VEHICLE)
key removal 303.03, 351.07
license
plates (see LICENSE PLATES)
tax (see MOTOR VEHICLE LICENSE TAX)
liquor consumption in 529.04
operation (see DRIVING)
riding on outside 371.06
shortcutting 331.45
sleeping or changing clothes in 509.09
slow-moving (see COMMERCIAL AND HEAVY VEHICLE)
snowmobile (see SNOWMOBILE)
sound amplifying system, loud 509.10
tracking mud, debris 521.13
traffic control device, avoiding 331.45
trespass 545.06
unauthorized use 545.06
unsafe 337.01
vehicle defined 301.51
weapon handling 549.04
MOTOR VEHICLE LICENSE TAX (see also TAXATION)
additional; levy 187.04
effective period 187.03
imposition 187.02
purpose 187.01
MOVING BUILDINGS
permit fee 1321.07
MUFFLER
motor vehicle or motorcycle 337.20
snowmobile and all purpose vehicle 375.02
watercraft 381.45
MUNICIPAL COURT (see COURT, MUNICIPAL)
MUSEUM
rights; property damage 545.04
NAVIGATION (see WATERCRAFT)
NEGLIGENT HOMICIDE 537.01
NICKEL PLATE PARK (see PARKS)
NOISE
disorderly conduct 509.03
dogs barking or howling 505.09
exhaust, excessive 331.36, 337.20
peddlers; solicitors 711.07
sound amplifying system, loud 509.10
NOMINATIONS (see ELECTIONS)
NONCONFORMING USE (see under USE REGULATIONS)
NUISANCE
air pollution; abatement 715.13
animals 505.08
dog kennel 505.11
watercraft used as dwelling 381.46
weeds Ch. 557
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
OBSTRUCTIONS
sidewalk 521.04
street
by railroad 553.01
placing material in 311.01
watercourse 521.05
ODORS
noxious or offensive 521.09
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 537.14
fraud (see FRAUD)
gambling 517.01
jurisdiction 501.05
liability 501.07
penalty 501.99
prior conviction 501.04(c)
prosecution limitation 501.06
sexual (see SEXUAL OFFENSES)
theft (see THEFT)
violent, defined 501.01
OFFENSES AGAINST PERSONS (see individual subject involved)
OFFENSES AGAINST PROPERTY (see individual subject involved)
OFFICIALS, MUNICIPAL (see PUBLIC SERVANT)
OFF-STREET PARKING (see also P-1 DISTRICT; PARKING)
general provisions 1127.01
mobile home development 1127.07
OHIO BASIC BUILDING CODE (see BUILDING CODE, OHIO BASIC)
OHIO FIRE CODE
adoption 1501.01
amendments 1501.03
fire damaged structures 1501.05
inspection and sale copies 1501.02
penalty 1501.99
permit; fees 1501.04
ONE-WAY STREET (see STREET)
OPEN BURNING (see also AIR POLLUTION CONTROL)
building construction, demolition 1505.03
definitions 715.01(k)
Fire Chief may prohibit 1505.07
fires
prohibited 1505.01
street pavement, on 1505.04
parks, benches 1505.05
penalty 1505.99
permit, special 1505.06
private property 1505.02
public property 1505.05
OPEN MEETINGS (see MEETINGS)
OPERATOR'S LICENSE (see DRIVER'S LICENSE)
ORDINANCES AND RESOLUTIONS (see
also CODIFIED ORDINANCES)
adoption
by reference Chtr. 3.09
by roll call Chtr. 3.04
appropriation (see APPROPRIATIONS)
consideration Chtr. 3.03
continuation Chtr. 13.02
Council
action by Chtr. 3.01
power to adopt Chtr. 2.08
effective date Chtr. 3.07
emergency Chtr. 3.05
hearing Chtr. 3.03
initiative and referendum Chtr. 3.08
introduction Chtr. 3.02, 121.01(XV)
publication Chtr. 3.03, 3.06, 12.08, 123.01
reference to committee 121.01(XVI, XVII)
resolution requirements Chtr.3.10
ORGANIZATION
liability 501.11
penalty 501.99(b)
personal accountability 501.12
OVERLAY ZONES
Basic District 1127.121
Bed and Breakfast 1127.08
Planned Office Development Project 1127.11
River Park Planned Industrial
Development Project 1127.10
University Park Planned Industrial
Development Project 1127.09
Western Planned Commercial Strip
Shopping Center 1127.13
P-1 OFF-STREET PARKING DISTRICT (see also OFF-STREET PARKING)
changing 1131.03
general provisions 1125.06
performance standards 1127.06
signs 1127.03
PARADE 311.02
PARKING (see also OFF-STREET PARKING)
alleys and narrow streets, in 351.11
angle 351.05
bicycle 373.09
brake, setting 351.07
bus stop, in 351.10
camper or recreational vehicle 351.18
curb, painting 313.11
definitions 1121.04
emergency, safety vehicle, near 331.27
Fire Division parking area 351.13
impounding vehicle 303.08
key removal 303.03, 351.07
liability for violation 351.02
loading zone 351.09
locations for handicapped 351.04
Nickel Plate Park; penalty 149.02, 935.01
opening door on traffic side 351.08
owner prima-facie liable 351.02
parallel 351.04
park, playground 351.14
posted private property 351.15
prohibited places 351.03
removal of unattended vehicle 351.01
selling, washing or repairing vehicle 351.06
space, designation 305.01
stopping engine 351.07
taxicab stand, in 351.10
tow-away zones, private 303.082
trailers 351.17
truck, heavy 351.16
vehicle, inoperative 351.17
PARKS
maintaining 149.01
mobile home 1127.07
Nickel Plate; regulations, penalty 149.02, 935.01
open burning 1505.05
parking in 351.14
penalty 935.99
R-1 District 1123.01
R-1-A District 1123.02
subdivision, in 1113.12, 1115.01(n)
swimming 521.12
PARKS DIVISION (see STREETS AND PARKS DIVISION)
PARK TRUSTEES BOARD 167.01
PEDDLERS AND SOLICITORS
definitions 711.01
harassing, annoying customers 711.08
hawking 711.07
hours 711.04
license
application 711.03
possession; exhibition 711.06
required 711.02
revocation 711.09
transfer; use 711.05
noise; horns 711.07
penalty 711.99
trespass 711.08
PEDESTRIAN
blind person 371.02
bridge or railroad crossing, on 371.10
control signal 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
right of way, yielding 371.03, 371.08
sidewalk
right of way 371.07
use required 371.05
soliciting ride 371.06
walking on street 371.05
PEEPING TOM 533.06
PENALTY
Building Code, Ohio Basic 1301.99
Codified Ordinances, general 101.99
community antenna television system 713.99
Dwelling Code, OBOA One, Two
and Three Family 1305.99
excavations 901.99
Fire Code, Ohio 1501.99
fire equipment, damaging 143.06
flood hazard zoning 1128.99
gas piping and appliances 1333.99
home sale 741.99
Housing Code 1353.99
income tax 185.99
liquefied petroleum gas 1503.99
offense 501.99
open burning 1505.99
peddlers; solicitors 711.99
political activity Chtr. 8.08
sewer 911.99
stores, temporary 731.99
Subdivision Regulations 1111.99
taxicabs 721.99
Traffic Code 303.99
weeds; nuisance 557.99
Zoning Ordinance 1131.01(h)
PERMIT (see also LICENSE)
animal, dangerous; display 505.14
commercial and heavy vehicle use 339.01, 339.02
development; flood hazard zoning 1128.11, 1128.12
excavation 901.02 et seq.
fallout shelter 1335.02
Fire Prevention Code 1501.04
flammable liquid storage 1501.05
home sale 741.04
intoxicant sale or manufacture 529.05
liquefied petroleum gas, tank construction 1501.03
open burning 1505.06
parades; street assembly 311.02
parking, Nickel Plate Park 149.02, 935.01
rooming house 1369.02, 1369.03
sewer construction 911.03
sidewalk construction 903.02, 903.03
sign 1127.03
temporary driver's instruction 335.03
watercraft, mooring 385.01
PERSON
domestic violence 537.14
PERSONNEL DIVISION (see also EMPLOYEES, MUNICIPAL;
PERSONNEL OFFICER)
Appeals Board
creation; membership; term Chtr. 8.04
duties; rules Chtr. 8.05
procedure 161.11
applicants; applications 161.05
appointments; probation 161.08
creation; composition; head 157.01, 161.01
definitions 161.03
discipline 161.10
eligible lists 161.07
examinations 161.06
layoff; reinstatement 161.12
political activity 161.13
position and salary schedule 161.04
rules; purpose, amendment 161.02
PERSONNEL OFFICER (see also PERSONNEL DIVISION)
activities, report of 161.09
applications 161.05 et seq.
appointment; duties Chtr. 8.03
PESTS (see EXTERMINATION)
PHYSICAL CONTROL 333.01
PHYSICAL HARM
defined 501.01
domestic violence 537.14
PLANNED DEVELOPMENT PROJECTS 1127.05
PLANNING COMMISSION
Council's authority Chtr. 2.08
Manager to be ex-officio member Chtr. 4.02
membership; term; authority Chtr. 7.01
mobile home development 1127.07
planned development projects 1127.05
site plan review Ch. 1313
subdivision (see SUBDIVISION REGULATIONS)
urban renewal action 191.07
PLANS (see also SUBDIVISION REGULATIONS)
building; preparation, seal 1301.09
mobile home development 1127.07
signs 1127.03
site, review (see under BUILDING CODE)
subdivision (see SUBDIVISION REGULATIONS)
urban renewal (see under URBAN RENEWAL)
zoning certificate, filing 1131.01(b)
PLAYGROUND
parking in 351.14
subdivision, in 1113.12, 1115.01(n)
PLUMBING (see also SEWERS; WATER)
defined 1351.17
fees 1321.10
fixtures
good condition 1363.05
occupant's responsibility 1367.07
PLUMBING CODE
adoption 1305.01
POLICE DIVISION
bond 163.01
Chief
appointment 145.01
Division head 141.01
powers; duties 145.02
suspensions 141.02
creation; composition 145.01
Dispatcher's salary, osition 161.04
established 141.01
misconduct allegation 525.16
parking area 351.13
Relief and Pension Fund Chtr. 7.03
salary, position 161.04
Traffic Control Map and File 305.03
waiting room, no smoking 1501.03
POLICE OFFICER (see LAW ENFORCEMENT OFFICER)
POLICE VEHICLE
approaching when stationary 333.031
POOL (see BILLIARDS AND POOL; SWIMMING POOL)
PORCH SALE (see HOME SALE)
PRIVATE ROAD
right of way
entering 331.17
leaving 331.22, 331.23
turning into 331.11
PROCURING (see PROSTITUTION)
PROPERTY (see also PROPERTY
DESTRUCTION)
City-owned (see CITY-OWNED PROPERTY, DISPOSITION OF)
defined 501.01
private, drinking intoxicants on 529.09
private parking on 303.081, 351.15
public, driving across 331.34
stolen, receiving 545.18
transfer Chtr. 13.05
unauthorized use 545.08
PROPERTY DESTRUCTION (see also TAMPERING)
arson 541.01, 541.02
criminal damaging or endangering 541.03
criminal mischief 541.04
desecration 541.07
Fire Division apparatus 143.06
library; museum; archival institution 545.04
sewer; culvert 911.09
shrubs, trees, crops 541.06
tire rims damaging streets 521.11
traffic signals 313.08
watercraft 381.09
water meter 915.14
PROSTITUTION
defined 533.01
loitering to engage in solicitation 533.091
procuring 533.08
prohibited 533.10
soliciting 533.09
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
PUBLIC SERVANT (see also EMPLOYEES, MUNICIPAL)
civil rights interference 525.13
contract interest 525.10
defined 525.01
impersonation 525.03
improper compensation 525.11
obstructing 525.07
PURCHASING AGENCY (see also CONTRACTS)
competitive bidding Chtr. 5.06
established Chtr. 5.05
PURCHASING AGENT (see also PURCHASING DIVISION)
powers 159.02
purchases
emergency 159.06
procedure 159.05
PURCHASING DIVISION (see also PURCHASING AGENT)
bidding requirements 159.03
Council approval 159.04
creation; composition; head 157.01, 159.01
Design Professional Selection Law waived 159.07
purchases
over $2,000 159.03
procedure 159.05
QUARANTINE
animal bites 505.10
QUIET ZONE 311.04
R-1 ONE-FAMILY RESIDENCE DISTRICT
additional regulations 1121.06
area (see AREA REGULATIONS)
changing 1131.03
established; boundaries 1121.05
general provisions 1123.01
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
planned development project 1127.05
residence district defined 301.31
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
R-1-A ONE-FAMILY RESIDENCE DISTRICT
additional regulations 1121.06
area (see AREA REGULATIONS)
changing 1131.03
established; boundaries 1121.05
general provisions 1123.02
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
planned development project 1127.05
residence district defined 301.31
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
R-2 ONE AND TWO-FAMILY RESIDENCE DISTRICT
additional regulations 1121.06
area (see AREA REGULATIONS)
changing 1131.03
established; boundaries 1121.05
general provisions 1123.03
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
planned development project 1127.05
residence district defined 301.31
signs 1127.03
uses (see USE REGULATIONS)
yard (see YARDS)
R-3 MULTI-FAMILY RESIDENCE DISTRICT
additional regulations 1121.06
area (see AREA REGULATIONS)
changing 1131.03
established; boundaries 1121.05
general provisions 1123.04
height (see HEIGHT REGULATIONS)
landscape requirements 1127.14
mobile home development 1127.07
performance standards 1127.06
planned development project 1127.05
residence district defined 301.31
signs 1127.03
uses (see USE REGULATIONS)
yards (see YARDS)
RAFT (see WATERCRAFT)
RAILROAD
climbing on cars 553.02
definitions 301.28 et seq.
grade crossing
driving across 331.39
flasher lights at 553.04
obstructing 331.33
pedestrian on 371.10
slow-moving vehicle at 331.41
stopping at 331.40
locomotive engineer's duties 553.03
obstructing streets 553.01
RECALL
Committee Chtr. 11.02
petitions
amendment Chtr. 11.04
filing; examination Chtr. 11.03
form Chtr. 11.02
procedure Chtr. 11.01
submission to voters Chtr. 11.05
RECEIVING STOLEN PROPERTY 545.18
RECKLESS DRIVING
control 331.34, 333.08
generally 333.09
willful, wanton disregard 333.02
RECORDS AND REPORTS (see also FALSIFICATION)
accident
snowmobile; all purpose
vehicle 375.07
taxicab 721.14
watercraft 383.02, 383.03
animal
bites 505.10
impounding and disposition 505.02
archival institution 545.04
bingo 517.07
Council
committees 121.01(IX)
journal 121.01(III)
documents, City Seal on 103.01
escape, exotic or dangerous animal 505.15
failure to report crime or death 525.05
Fire Chief 143.02
Fire Division, attendance 143.04
Personnel Officer 161.09
records, transfer Chtr. 13.05
tampering with 545.14
travel expenses, employees 163.06
vehicle; impounded 303.083
wounds and burns 525.05
RECREATION DIVISION 157.01
creation; composition; head 157.01, 165.01
Director's powers; duties 165.02
RECREATIONAL VEHICLE (see also TRAILER)
parking 351.18
RECYCLABLE MATERIAL (see GARBAGE, REFUSE AND RECYCLABLES)
REFERENDUM Chtr. 3.08
REFRIGERATOR
abandoned 521.01
REGIONAL DWELLING HOUSE CODE (see DWELLING HOUSE CODE, REGIONAL)
RESIDENCE DISTRICT (see R-1 through R-3 DISTRICTS)
RESISTING ARREST 525.09
RESOLUTIONS (see ORDINANCES AND RESOLUTIONS)
RESTRAINT, UNLAWFUL 537.08
RIGHT OF ENTRY
Health Commissioner; rooming house 1369.04
Housing Code 1353.02
Service Director; weeds 557.05
water system 917.14
RIGHT TURN ON RED 313.03(c)(2)
RIOT
failure to disperse 509.02
prohibited 509.01
RODENTS (see EXTERMINATION)
ROOMING HOUSE
R-3 District 1123.04
compliance 1369.01
enforcement 1369.05
inspection; right of entry 1369.04
minimum requirements 1369.06
parking spaces 1127.01
permit
denial 1369.03
required; fee 1369.02
violations; notice; hearing 1369.07
ROOMING UNIT
defined 1351.18
RUBBISH (see GARBAGE AND RUBBISH; SOLID WASTE)
SAFETY DEPARTMENT (see also DEPARTMENTS)
creation Chtr. 5.01
Director
position exempt Chtr. 8.02
removal from office Chtr. 12.04
rules; authority 141.02
Fire Division (see FIRE DIVISION)
oath of office Chtr. 12.01
Police Division (see POLICE DIVISION)
SAFETY ZONE
driving through 331.29
SALES (see also STORES, TEMPORARY)
altering objects to appear to have value 545.13
criminal simulation of objects 545.13
home (see HOME SALE)
intoxicants 529.01 et seq.
peddlers (see PEDDLERS AND SOLICITORS)
SATELLITE RECEIVING STATIONS
construction standards 1337.06
definitions 1337.01
installation inspection 1337.04
location 1337.05
penalty 1337.99
permit
application 1337.03
required 1337.02
plot plans 1337.03
variances 1337.07
SCHOOL
bus (see BUS)
definitions 501.01(n) et seq.
disorderly conduct 509.03(e)
SCREENING 1361.08, 1361.09
SEAL, CORPORATE 103.01
SEAT BELTS
probationary license requirements 335.031
use required 337.27
SEMITRAILER (see COMMERCIAL AND HEAVY VEHICLE)
SERVICE DEPARTMENT (see also DEPARTMENTS; individual Division involved)
creation Chtr. 5.01
Director
drain, ditch inspection 905.01
excavation supervision 901.06 et seq.
position exempt Chtr. 8.02
removal from office Chtr. 12.04
right of entry 917.14
rules; power to suspend 147.02
salary, position 161.04
weeds; responsibility 557.02 et seq.
Division; heads 147.01
oath of office Chtr. 12.01
sewers (see SEWERS)
street cleaning 521.13
SERVICE STATION
entrance; oil draining 1127.04
SEVERABILITY
Charter Chtr. 12.07
Codified Ordinances 101.08
signs 1127.03(g)
Subdivision Regulations 1111.07
Zoning Ordinance 1131.04
SEWERS (see also DRAINS AND DITCHES; PLUMBING: WATER)
bathroom 1359.03
control 911.01
damage; improper use 911.09
flood (see FLOOD HAZARD ZONING)
kitchen sink 1359.02
maintenance 149.01
manhole construction 1119.10
penalty 911.99
private; violation 1353.05
sanitary
connection
inspection 911.04
mandatory; notice 911.02
permit; fee 911.03
size; quality; work 911.05
downspouts; footer drains 911.07
surface water prohibited 911.06
spillage; prohibited fluids 911.08
subdivision
sanitary 1117.08, 1119.05
storm 1117.10, 1119.06
Supervisor's salary; position 161.04
SEXUAL OFFENSES
corruption of juvenile 533.03
definitions 533.01
displaying matter harmful to juvenile 533.15
importuning 533.05
imposition 533.04
indecency in public 533.07
prostitution (see PROSTITUTION)
voyeurism 533.06
SHADE TREE COMMISSION
compensation 171.03
duties 171.04
establishment 171.01
procedures 171.05
term 171.02
SHOPLIFTERS
detention and arrest 545.04
SHORTCUTTING 331.45
SHOWS (see EXHIBITIONS AND SHOWS)
SHRUBS (see TREES AND SHRUBS)
SIDEWALK
construction
compliance 903.01
penalty 903.99
permit
exceptions 903.03
required 903.02
specifications 1119.08
defined 301.37
drinking intoxicants in public 529.09
driving over 331.37
excavation (see EXCAVATIONS)
location; owner to construct 1117.09
maintenance; lighting 149.01
obstructions; damage or injury 521.04
pedestrian
required use by 371.05
right of way 371.07
repair and cleaning 521.06
selling beer on 529.05
subdivision (see under SUBDIVISION REGULATIONS)
sweeping or shoveling solid waste onto 521.10
tracking mud, debris on 521.13
vehicle to stop at 331.23
SIGNS
B-1 District 1125.01
B-3 District 1125.03
defined 1121.04(59)
general provisions 1127.03
home sale 741.03
penalty 1127.03
street name 1117.12
SIREN
prohibited on bicycle 373.05
vehicle 337.19
watercraft 381.03
SKATEBOARDS
definitions 377.01
penalty 377.99
street, on 311.03
use restricted 377.02
SLUG
defined 545.01(j)
making or using 545.11
SLUM (see URBAN RENEWAL)
SMALL BOAT MOORING BASIN DIVISION
creation; Service Director as head 147.01
rules; suspension 147.02
SMALL BOAT MOORING HARBOR (see HARBOR, SMALL BOAT MOORING)
SMOKING
City Building 1501.04
SNOW AND ICE
shoveling or sweeping onto public way 521.10
sidewalk, removal from 521.06
SNOWMOBILE
accident report 375.05
bicycle path, prohibited on 331.44
definitions 375.01
equipment 375.02
helmets; safety glasses 373.02
operation, prohibited 375.03
operator's license 375.04
Traffic Code application 375.03
SOLICITING
prohibited on highway 371.06
SOLICITORS (see PEDDLERS AND SOLICITORS)
SOLID WASTE (see also GARBAGE AND RUBBISH)
deposits on public, private property 521.08
garbage defined 1505.01(c)
landscape waste 1505.01(d)
sweeping or shoveling onto public way 521.10
SPEED
bridge, limitations 333.05
construction zone penalty 303.99(c)
emergency, public safety vehicle 333.06
maximum limits 333.03
slow, minimum 333.04
street racing 333.07
watercraft 381.06
STALKING
menacing 537.051
trespass 541.051
STOP SIGN (see TRAFFIC CONTROL DEVICE)
STORAGE
explosives, flammable liquid 1501.04, 1501.06
liquefied petroleum gas 1501.04
tanks 1501.03, 1501.04
STORES, TEMPORARY
defined; exceptions 731.01
license
application; fee 731.03
bond in lieu of fee 731.04
required 731.02
penalty 731.99
presumed; exceptions 731.05
STORM WATER DRAINAGE 1115.03
STREET
animal on 303.05
beer, selling on 529.05
bicycle riding 373.07
closed for repair, driving on 331.26
defined 301.42, 1121.04(64)
divided driving procedure 331.31
drinking intoxicants in public 529.09
excavation (see EXCAVATIONS)
fire on pavement 1505.04
freeway
backing vehicle on 331.13
entering and leaving 331.32
prohibited use 303.06
frontage 1121.06(p)
injurious material, placing on 311.01
lighting; improvements 1117.15
load, dropping on 339.08
maintenance; lighting 149.01
obstruction 311.01
one-way
designation authority 305.01(c)
driving on 331.30
parades; assembly on 311.02
parking prohibitions 351.03, 351.12
play 311.05
subdivision (see under SUBDIVISION REGULATIONS)
sweeping or shoveling solid waste onto 521.10
tire rims damaging 521.11
toy vehicles 311.03
tracking mud, debris on 521.13
STREET LAWN
driving over 331.37
STREET RACING 333.07
STREETS AND PARKS DIVISION
creation; Service Director as head 147.01
duties 149.01
rules; suspension 147.02
Supervisor's salary; position 161.04
SUBDIVISION REGULATIONS (see also PLANNING COMMISSION)
adoption; efective date; repeal 1111.04
authority of Council Chtr. 2.08
bond; construction, maintenance 1117.13
compliance 1111.03
definitions 1111.03
fee deposit 1111.06
final plat
approval 1113.09
recording 1113.13
fire hydrant construction 1119.09
flood hazard zoning 1128.17
grading 1117.05
improvements
construction; performance guarantees 1113.11
engineering 1117.02
inspection 1117.03
plan; profile; cross sections 1117.01
street lighting 1117.05
supervision 1117.04
insurance 1117.14
intent; procedure dependent
upon improvements 1113.01
lots not meeting zoning requirements 1113.045
major subdivision
final plat 1113.09
preliminary plan 1113.08
manhole construction 1119.10
minor subdivision
approval 1113.06
classification 1113.05
recording 1113.07
modifications 1111.05
paving 1117.06
penalty 1111.99
Planning Commission review, approval 1113.02
preapplication action 1113.03
procedures 1113.14
protective covenants 1115.01
public land in subdivision 1113.12
purpose 1111.01, 1111.02
record plat 1113.10
sewer
sanitary
construction 1119.05
improvement 1117.08
requirements 1117.08
storm
construction 1119.06
improvement 1117.10
requirements 1117.10
sidewalk
construction 1119.08
location; owner to construct 1117.09
owner to construct 1117.09
sketch plan, submitting 1113.04
storm water drainage 1115.03
street
name signs 1117.12
pavement grading; preparation 1119.02
soil analysis 1119.021
specifications 1119.01
topographic map 1115.02
utility lines 1117.11
validity 1111.07
water main construction 1119.07
water system 1117.07
SUBPOENA, ENFORCEMENT Chtr.12.05
SUNSCREENING MATERIALS 337.28
SURFBOARD (see WATER SKIING)
SWIMMING
City waters and parks 521.12
pool
R-1 District 1123.01
Recreation Division 165.02
SWITCHBLADE (see WEAPONS)
TAMPERING (see also PROPERTY DESTRUCTION)
CATV tapping 545.21
coin machine 545.12
dwelling condemnation placard 1357.05
library; museum; archival institution 545.04
records 545.14
watercraft 381.51
water meter 915.13
water service 915.06
TAXATION (see also INCOME TAX; MOTOR VEHICLE LICENSE TAX)
anticipation notes Chtr. 9.04
budget
annual Chtr. 6.02
hearing Chtr. 6.03
revised Chtr. 6.05
Council's power to levy Chtr. 2.08
levies Chtr. 6.04
urban renewal projects exempt 191.14
TAXICABS
accident report required 721.14
certificate
convenience and
necessity 721.03
mechanical inspection 721.04
definitions 721.01
insurance
cancellation notice 721.06
failure to give notice 721.07
required 721.05
license
driver; fee and term 721.12
operator
fee 721.09
required 721.02
revocation 721.11
term 721.08
lost or misplaced property 721.10
nonlicensed operation 721.13
penalty 721.99
stands, parking in 351.10
TELECOMMUNICATIONS
harassment 537.10
TELEPHONE
harassment 537.10, 537.11
misuse of 911 system 537.12
system (see UTILITIES)
threats by 537.11
TELEVISION (see CATV)
TEMPORARY PROTECTION ORDER 537.12
TEMPORARY STORES (see STORES, TEMPORARY)
THEFT
CATV system, tapping 545.21
definitions 545.01
determining property value 545.02
library; museum; archival institution 545.04
petty 545.05
property exceptions as felony 545.03
receiving stolen property 545.18
unauthorized use
property 545.08
vehicle 545.06
vehicle alarm signal 337.19
THREATS (see also MENACING)
coercion 537.09
telephone 537.11
THROUGH STREET (see STREET)
TINTED GLASS 337.28
TIRES
peeling 331.36
rims damaging streets 521.11
studded 339.11
TOBACCO
distributing to minor 537.16
TOURIST HOME (see ROOMING HOUSE)
TOW-AWAY ZONES 303.082
TOWING REQUIREMENTS 339.07
TOY VEHICLES
street, on 311.03
TRAFFIC
definitions Ch. 301
government vehicles 303.07
penalty
construction zone 303.99(c)
fine, imprisonment 303.99(b)
general Code 303.99(a)
road workers, equipment excepted 303.04
watercraft 381.10
TRAFFIC CONTROL DEVICE
advertising on 313.07
alteration, removal 313.08
ambiguous 313.09
avoiding 331.45
center line, painted 313.08
defined 301.46
designation 305.01(a)
flashing signal 313.06
hidden 313.07
lane of traffic, direction 313.04
lights, description 313.03
nonworking 313.09
obedience required 313.01
pedestrian control signal 313.05
removal, injury 313.08
signal terms 313.03
stop sign or signal
emergency vehicle 331.20
operation at 331.19
placing 313.02
public safety vehicle 331.20
right of way 331.19
through streets, signs at 313.02
unauthorized 313.07
unlawful possession 313.10
yield signs
operation at 331.18
placing 313.02
TRAFFIC CONTROL FILE 305.02 et seq.
TRAFFIC CONTROL MAP 305.01 et seq.
TRAILER (see also MOBILE HOME; RECREATIONAL VEHICLE)
defined 1121.04(67)
occupying moving 331.35
parking 351.17
TRAIN (see RAILROAD)
TRASH (see OPEN BURNING; SOLID WASTE)
TREE LAWN (see STREET LAWN)
TREES AND SHRUBS
abuse or mutilation 907.06
definitions 907.01
destruction 541.06
penalty 907.99
placing materials on public property 907.08
planting 907.04
protection 907.07
pruning instructions 907.05
recommended 907.02
removal, replanting and replacement 907.03
specifications; species 907.04
subdivision, in 1115.01(l)
TRESPASS
aggravated 541.051
1and or premises 541.05
peddlers; solicitors 711.08
vehicle 545.06
voyeurism 533.06
TRUCK (see COMMERCIAL AND HEAVY VEHICLE)
UNIFORM BOND LAW Chtr. 9.06
UNSAFE BUILDINGS
agreement of lienholders 1358.04
compliance 1358.01
costs placed on tax duplicate 1358.05
hearing 1358.06
notice of intent to remove 1358.03
removal by City 1358.02
URBAN RENEWAL
action
by Council 191.08
by Planning Commission 191.07
building permits 191.13
Council policy 191.02
definitions 191.03
federal aid contracts 191.09
finance 191.12
hearing, public 191.08
Manager's responsibility 191.04 et seq.
necessity 191.01
plans
B-3 District 1125.03
contents; relocation 191.06
modification 191.10
providing 191.05
preparation; studies 191.05
project execution 191.11
tax exemption 191.14
USE REGULATIONS
accessory 1121.06(g)
additional uses 1121.06(b)
area (see AREA REGULATIONS)
B-1 District 1125.01
B-2 District 1125.02
B-3 District 1125.03
Bed and Breakfast residences 1127.08
change of use to conform to OBBC 1301.05
definitions 1121.04
district border, on; extension 1131.02(f)(3)
height (see HEIGHT REGULATIONS)
I-1 District 1125.04
I-2 District 1125.05
industrial; conditional 1131.02(f)(4)
M-Marina District 1125.07
mobile home development 1127.07
nonconforming use
defined 1121.04(56)
existing 1121.07
substitution; extension 1131.02
performance standards 1127.06
planned development projects 1127.05
R-1 District 1123.01
R-1-A District 1123.02
R-2 District 1123.03
R-3 District 1123.04
transitional uses 1121.06(e)
UTILITIES
community antenna television system 713.02
flood (see FLOOD HAZARD ZONING)
lines in subdivision 1117.11
UTILITIES DIVISION
creation; Service Director as head 147.01
Director's bond 163.01
duties 151.01
excavations (see EXCAVATIONS)
rules; suspension 147.02
sewers (see SEWERS)
sidewalks (see SIDEWALK)
U TURN 331.12
VANDALISM 541.04
VARIANCE
Building and Zoning Appeals Board 1131.02(h)
flood hazard zoning 1128.06, 1128.07
Housing Code 1355.07
VEHICLE (see MOTOR VEHICLE)
VEHICLE EQUIPMENT
air cleaner 337.25
all purpose vehicle 375.02
brakes 337.18
bumper heights 337.29
chains 339.10
exceptions 337.01(c)
directional signals 337.30
exhaust noise 331.36
horn, siren 337.19
lights (see VEHICLE LIGHTS)
loads (see VEHICLE LOADS)
motorcycle, off-highway 375.02
motorized bicycle 373.10
mud flaps 339.05
muffler 337.20
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 375.02
spikes, lugs 339.10
sunscreening materials 337.28
theft alarm signal 337.19
tinted glass 337.28
tires (see TIRES)
watercraft (see WATERCRAFT)
wheel protectors 339.05
windshield regulations 337.22
VEHICLE LIGHTS
auxiliary driving lights 337.11
back-up 337.12
bicycle 373.06
commercial vehicle, safety lighting 337.06
distance, height measurement 337.02
fender or cowl 337.12
flashing 337.10(e), 337.16
headlights
focus and aim 337.17
required 337.03
use of beams 337.14
lighted, time 337.02
motorized bicycle 337.02, 373.10
number permitted 337.16
parked or stopped 337.09
slow-moving vehicle
less intensity 337.15
requirements 337.10
snowmobile and all purpose vehicle 375.02
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
loading zones 351.09
obstucting driver's view 331.25
projecting, red flag or light 337.08
scattering, spilling garbage, rubbish 931.03
shifting or loose 339.09
weighing; removal of excess 339.12
VEHICULAR HOMICIDE 537.02
VENDING MACHINE (see COIN MACHINE)
VENTILATION
heaters and burners 521.02
watercraft 381.43
VERMIN (see EXTERMINATION)
VICE-MAYOR (see under MAYOR)
VIOLENCE, INCITING 509.011
VOYEURISM 533.06
WATER (see also DRAINS AND DITCHES; PLUMBING; SEWERS)
access to property 915.10
additions; alterations 915.07
backflow prevention (see BACKFLOW PREVENTION AND CROSS-CONNECTION CONTROL)
billing
adjustments 915.24
delinquency; lien 915.23
minimum statement 915.16
order of payment 915.18
payment; delinquency; penalty 915.17
connection
charges 915.03
kitchen sink, bathroom 1359.05
new services 915.04
outside City 915.02
repairing 915.08
control 915.05, 915.06
discontinuance
charges 915.06
notice of 915.09
flood (see FLOOD HAZARD ZONING)
heating facilities 1359.08
hydrant (see FIRE HYDRANT)
main, construction 1119.07
meter
damaged; stolen 915.14
moving 915.12
multiple users 915.21
readings; estimate 915.11
tampering 915.13
testing; deposit; refund 915.15
private supply; violation 1353.05
rates
minimum and above 915.19
spinkler systems 915.20
tank water sales 915.22
service
application 915.01
pipe installation 915.05
tampering; interfering 915.06
subdivision 1117.07
Supervisor's salary; position 161.04
tap-in charge 915.03
WATERCOURSE
flood (see FLOOD HAZARD ZONING)
maintaining 149.01
obstruction removal 521.05
sewage, dumping from watercraft 381.32
solid waste corruption 521.08
WATERCRAFT LICENSING (see also ALL PURPOSE VEHICLE)
accident or collision; duties; reports 383.02, 383.03
tags; identification numbers
altering 383.04
generally 383.01
WATERCRAFT REGULATIONS (see also ALL PURPOSE VEHICLE)
abandoning vessel without notice 381.44
accident; stopping to furnish
information 383.02, 383.03
anchor required 381.40
backfire flame control device 381.42
buoys or signs 381.21
channels, narrow 381.09
child operators; supervisory adult 381.19
collisions 381.07, 381.08
crossing situation 381.14
definitions 381.01
distress signals or flag required 381.39
drugs or alcohol; operation
under influence 381.24, 529.09
dwelling, vessel as 381.46
enforcement of chapter 381.52
engine warm-up required 381.36
firearms offenses 381.50
fire extinguishers required 381.41
give-way vessels 381.15
head-on situation 381.13
incapacitated operators 381.25
law enforcement order; failure
to comply, fleeing 381.26
law enforcement vessel; duty upon approach 381.27
licensing (see WATERCRAFT LICENSING)
lights 381.02, 381.04
littering prohibited 381.49
look-out required 381.05
mooring or anchoring prohibitions,
restrictions 381.22, 381.23
muffler required 381.45
no wake areas 381.21
overtaking 381.12
penalty 381.99
personal flotation devices 381.37, 381.38
personal watercraft requirements 381.48
prohibited areas of operation 381.21
reckless or unsafe operation 381.20
responsibilities between vessels 381.17
sailing vessels 381.11
sink, toilet or sanitary system 381.47
single-celled inflatable vessels; sale prohibited 381.34
sirens prohibited 381.03
sitting, standing or walking on moving vessel 381.35
small boat harbor (see HARBOR, SMALL BOAT MOORING)
speed 381.06
stand-on vessels 381.16
tampering offenses 381.51
traffic services 381.10
ventilation required 381.43
visibility restricted 381.18
water events; permission to conduct 381.33
water skiing regulations 381.28 et seq.
WATER POLLUTION
fluids prohibited in sewer 911.08
WATER SKIING 381.28 et seq.
WEAPONS
carrying
certain ones prohibited 549.11
concealed 549.02
definitions 549.01
discharging
permit 549.10
prohibited 549.08
minor, purchase by 549.07
motor vehicle, handling in 549.04
replica firearm on school premises 549.13
shotgun, hunting with 549.09
slingshot, bow and arrow, air gun 549.12
unlawful transactions 549.06
use while intoxicated 549.03
watercraft, firearms on 381.50
WEEDS
abatement
by City 557.05
sending bill to owner 557.06
address of lot, providing 557.04
cutting regularly after June 1 557.08
noncompliance 557.07
nuisance
determination 557.02
prohibited 557.01
penalty 557.99
right of entry 557.05
serving notice to abate 557.03
sweeping onto public way 521.10
WHEELCHAIR, MOTORIZED
defined 301.52
operation 371.11
WILLFUL, WANTON DISREGARD 333.02
WINDOW (see under HOUSING CODE)
WOUNDS AND BURNS
reporting 525.05
YARDS
B-1 District 1125.01
B-2 District 1125.02
B-3 District 1125.03
boundary line, along 1121.06(f)
definitions 1121.04
I-1 District 1125.04
I-2 District 1125.05
lots of record 1129.01
mobile home development 1127.07
modifications 1129.03
planned development projects 1127.05
projections 1129.04
R-1 District 1123.01
R-1-A District 1123.02
R-2 District 1123.03
R-3 District 1123.04
YIELD SIGN (see TRAFFIC CONTROL DEVICE)
ZONING APPEALS BOARD (see also BUILDING AND ZONING APPEALS BOARD)
abolished Chtr. 13.11
ZONING DISTRICT (see individual district involved)
ZONING MAP
changing 1131.03
interpretation 1131.02(g)
ZONING ORDINANCE
amending 1131.03
area (see AREA REGULATIONS)
conformance required 1121.06
definitions 1121.04
districts; boundaries 1121.05
enforcement 1131.01
flooding (see FLOOD HAZARD ZONING)
general regulations 1121.06
height (see HEIGHT REGULATIONS)
interpretation 1121.03
penalty 1131.01(h)
performance standards 1121.06(p),
1127.06
purpose; scope 1121.01
subdivision (see SUBDIVISION REGULATIONS)
title 1121.02
uses (see USE REGULATIONS)
validity; repeal 1131.04
yards (see YARDS)
COMPARATIVE SECTION TABLE
Ord. No. Date C.O. Section
1984-20 5-14-84 529.09
1984-21 6-11-84 385.01(a)(13), (27)
1984-22 4-30-84 1123.01(b)(6)
1984-28 6-25-84 549.08(a)
1984-39 12-10-84 1127.03(b)(12), (c)(3),(5),(d)
1984-42 11-14-84 1301.10(c) repeals 1301.10(d)
1984-49 12-17-84 161.04(a)
1984-51 12-17-84 163.02
1985-1 1-28-85 163.12
1985-7 4-8-85 185.13
1985-10 5-13-85 385.01(a)(1)
1985-14 6-10-85 339.13
1985-17 6-24-85 1501.01 to 1501.06, 1501.99
1985-16 7-15-85 1371.01 to 1381.02
1985-20 7-22-85 161.03(m),(p), 161.04(f), (i), (j)
1985-21 8-12-85 303.081 to 303.083, 303.99(a)(12), 311.01, 313.05 331.38, 335.09, 351.15, 373.10, 381.01, 381.05, 381.08, 381.12 to 381.14, 381.16, 383.04, 501.01, 525.02, 529.01, 533.14, 537.14 to 537.17, 541.03, 541.04, 545.01
1985-29 11-25-85 1337.01 to 1337.07, 1337.99
1985-32 12-16-85 161.04(a)
1985-35 12-16-85 931.04(a), (b), (e)
1985-36 12-16-85 901.04
1986-2 1-13-86 161.04(h)
1986-3 1-13-86 931.04(c)
1986-18 10-13-86 385.01(a)(1)
1986-34 12-29-86 915.19
1986-35 12-29-86 161.04
1986-38 12-29-86 163.02(a)
1987-1 1-12-87 185.15(b)
1987-6 3-23-87 385.01(a)(1)
1987-12 7-27-87 387.01
Ord. No. Date C.O. Section
1987-13 8-24-87 187.04
1988-1 1-11-88 161.04(a)
1988-2 1-25-88 Repeals 161.04(i)
1988-3 1-25-88 163.03
1988-4 1-25-88 163.13(b)
1988-8 2-8-88 163.04(a)
1988-9 2-8-88 163.05(a)
1988-17 5-23-88 505.13 to 505.17
1988-21 6-27-88 385.01(a)(1)
1988-23 7-25-88 381.09(b)
1988-35 12-19-88 161.04(a)
1989-8B 3-27-89 385.01(a)(1)
1989-9 3-27-89 381.09(b)
1989-10 4-24-89 1119.02, 1119.08 repeals 1119.03, 1119.04
1989-11 4-24-89 911.07
1989-13 5-22-89 385.01(a)(7), (24), (28)
1989-14 6-26-89 171.01 to 171.05
1989-17 7-10-89 377.01, 377.02, 377.99
1989-20 7-24-89 1128.01 to 1128.10
1989-22 8-14-89 185.13
1989-33 11-13-89 351.16 to 351.18
1989-35 11-27-89 385.01
1989-38 12-11-89 931.04(a) to (c)
1989-42 12-18-89 161.04(a)
1990-2 1-22-90 1117.15
1990-3 2-12-90 907.01 to 907.08, 907.99
1990-4 2-12-90 915.20
1990-6 6-11-90 159.03
1990-10 7-9-90 1337.07
1990-17 9-24-90 915.19
1990-20 11-26-90 1121.01 to 1131.04
1990-22 12-17-90 931.04
1990-27 12-17-90 385.01
1991-5 1-28-91 385.01
1991-6 2-25-91 931.01 to 931.10, 931.99
1991-14 5-13-91 1301.09(c), repeals 1301.09(d)
1991-18 7-8-91 Repeals 163.12
1991-20 7-8-91 911.07(b), (c)
1991-26 12-9-91 931.04(a) to (c)
1991-29 12-16-91 915.19
1991-30 12-16-91 161.04(a)
1992-5 1-27-92 1301.09(c)
1992-19 12-14-92 915.17
1992-22 12-28-92 161.04(a)
Ord. No. Date C.O. Section
1993-2 1-25-93 1305.05
1993-4 3-22-93 1321.06, 1321.10, 1321.11(a)
1993-7 5-24-93 1123.01(b), 1127.01(f)(3)
1993-12 12-13-93 1501.01 to 1501.05, 1501.99
1993-15 12-13-93 915.19, 915.20
1993-16 12-13-93 385.01
1993-18 12-13-93 161.04(a)
1993-22 12-20-93 931.04
1994-1 1-28-94 1501.06
1994-2 3-14-94 1115.03
1994-5 4-25-94 385.01
1994-10 6-13-94 161.05(f), (g)
1994-13 7-25-94 931.04
1994-17 9-12-94 161.04(a)
1994-22 11-19-94 1131.02(e)
1994-23 11-19-94 1131.03
1994-24 11-19-94 1313.04
1994-25 12-12-94 163.04(b)
1994-29 12-19-94 161.04(a)
1994-31 12-19-94 915.19
1994-32 12-19-94 385.01
1994-33 12-19-94 161.05(h)
1994-35 12-19-94 915.22
1995-3 1-23-95 161.04(a)
1995-9 3-27-95 931.04
1995-10 4-10-95 915.16
1995-24 10-23-95 721.05
1995-25A 12-11-95 915.03
1995-26 12-11-95 915.06
1995-27 12-11-95 915.17
1995-28 12-11-95 915.19
1995-31 12-18-95 161.04(a)
1995-33 12-18-95 931.03
1995-34 12-18-95 931.04
1995-35 12-18-95 931.06
1996-5 2-26-96 931.04(g)
1996-8 3-25-96 163.13(b)
1996-9 3-11-96 163.15
1996-10 3-11-96 Repeals 715.01 to 715.26, 715.99
Ord. No. Date C.O. Section
1996-28 7-22-96 159.07
1996-60 11-25-96 385.01(a)
1996-62 12-9-96 915.19
1996-66 12-16-96 163.02(a)
1997-9 3-10-97 161.04(a)
1997-10 3-10-97 163.06
1997-14 5-27-97 135.05
1997-16 5-27-97 163.01
1997-23 7-14-97 331.44
1997-28 7-28-97 173.01
1997-31 8-11-97 163.05(a)
1997-34 9-8-97 161.10
1997-38 10-27-97 917.01 to 917.15
1997-39 11-24-97 915.19
1997-43 12-15-97 161.04
1998-1 1-26-98 385.01
1998-7 3-9-98 931.04(g)
1998-22 5-11-98 1305.01 to 1305.03, 1305.99
1998-28 6-22-98 509.10
1998-30 7-13-98 331.45
1998-37 12-7-98 185.01 to 185.99
1998-39 12-7-98 1121.04, 1121.06, 1125.01 to 1125.05, 1127.03, 1127.14, 1131.02, 1131.03, 1313.04, 1321.12
1998-40 12-7-98 931.04
1998-41 12-7-98 915.19
1999-1 1-11-99 161.04
1999-3 1-25-99 1321.11
1999-7 2-22-99 385.01
1999-9 4-12-99 159.03
1999-13 8-9-99 915.03
1999-15 9-13-99 385.01
1999-21 9-27-99 Repeals 373.11
1999-24 11-8-99 1321.10
1999-27 12-20-99 915.19
1999-31 12-20-99 161.04
2000-3 3-27-00 931.04
2000-12 8-28-00 161.04
2000-13 8-28-00 163.02
2000-14 8-28-00 163.03
2000-18 8-28-00 337.18
2000-23 9-25-00 385.01
2000-36 9-25-00 1135.01 to 1135.99
2000-40 11-27-00 915.19
2000-44 12-18-00 161.04
2000-47 12-18-00 1321.10, 1321.11
2001-07 2-12-01 1135.01 to 1135.99
2001-09 3-26-01 1127.121
2001-11 4-9-01 385.01
2001-22 8-27-01 175.01, 175.02
2001-23 8-13-01 385.01
2001-31 10-22-01 1127.121
TABLES OF SPECIAL ORDINANCES OF HURON
Table A - Franchises
Table B - Easements
Table C - Vacating of Streets and Alleys
Table D - Dedication and Plat Approval
Table E - Acquisition and Disposal of Real Property
Table F - Lease of Real Property
Table G - Street Grade Levels and Change of Street Name
Table H - Annexation and Detachment of Territory
Table I - Zoning Map Changes
EXPLANATION OF TABLES OF SPECIAL ORDINANCES
The Codified Ordinances of Huron cover all ordinances of a general and permanent nature. The provisions of such general and permanent ordinances are set forth in full in the Codified Ordinances.
References must be made frequently to many special ordinances particularly those related to property, such as dedications, vacating of property, easements, purchase, sale, etc. In the following Tables A through I, all such ordinances are listed. These tables list ordinances chronologically by subject, and include both a citation to and brief description of each ordinance.
TABLE A - FRANCHISES
Ord. No. Date Description
Vol. p. 74 8-8-99 Sandusky & Interurban Electric Ry. Corp. - to operate an electric street railway.
Vol. p. 78 9-9-02 Lake Shore Electric Ry. Co. - to extend its lines along Berlin St.
Vol. p. 148 7-5-18 Lake Shore Electric Ry. Co. - to construct and maintain railway tracks.
Vol. p. 191 8-1-27 Logan Gas Co. - regulating gas prices.
8 8-13-30 Logan Gas Co. - regulating prices for natural, mixed or manufactured gas.
28 11-1-33 Ohio Fuel Gas Co. - regulating prices for natural, mixed or manufactured gas.
30 6-11-34 Ohio Fuel Gas Co. - regulating gas prices in Chaska Beach and Old Homestead.
Vol. p. 297,
Ord. 46 10-27-36 Ohio Fuel Gas Co. - regulating gas prices.
78 11-27-39 Ohio Fuel Gas Co. - regulating prices charged for natural, mixed or manufactured gas.
116 12-13-43 Ohio Fuel Gas Co. - regulating prices charged for natural, mixed or manufactured gas.
164 5-12-47 Toledo Edison Co. - to erect and maintain fixtures for conducting electricity and telephone and telegraph circuits.
193 12-27-48 Ohio Fuel Gas Co. - regulating the price of natural, mixed or manufactured gas.
314 5-14-56 Ohio Fuel Gas Co. - regulating price of natural gas.
336 8-31-56 Ohio Edison Co. - regulating rates of electric service.
337 8-31-56 Ohio Edison Co. - furnishing lighting for streets and traffic control devices.
338 8-31-56 Ohio Edison Co. - furnishing electricity for water works and sewage disposal systems.
423 9-28-59 Ohio Edison Co. - fixing rates for electric service.
1962-40 1-2-63 Ohio Fuel Gas Co. - regulating natural gas rates for 3 years.
1964-11 4-6-64 Ohio Edison Co. - fixing maximum electricity rates for 10 years for residential and secondary light and power customers, provides for lighting the streets and other public places and provides for operation of traffic control devices.
1966-46 10-10-66 Amends Ord. 1964-11 and repeals Section 4 thereof, to be effective 10 years from Nov. 10, 1966.
1966-49 11-14-66 Ohio Fuel Gas Co. - regulating natural gas rates for 4 years.
1970-15 3-9-70 North Central Television, Inc. to erect, maintain and operate cable antenna television service for 25 years.
1971-29 3-24-71 Amends Ord. 1964-11 re maximum electricity rates charged by Ohio Edison Co.
1971-38 8-2-71 Columbia Gas of Ohio, Inc. fixes natural gas rates for 3 yrs.
1973-32 7-23-73 Ohio Edison Co., for street lighting and traffic control lights for 10 yrs.
1974-58 11-25-74 Fixes Columbia Gas of Ohio, Inc. rates for 4 yrs.
1974-59 12-9-74 Amends Ord. 1970-15 re North Central Television, Inc. CATV rates.
1978-14 3-27-78 Amends Ord. 1970-15 re North Central Television, Inc. CATV rates.
1978-19 5-8-78 Amends Ord. 1970-15 re grant of franchise for CATV service to North Central Television, Inc.
1979-14 7-23-79 Amending contract dated 9-13-73, between City and Ohio Edison Co. relating to street lighting.
1980-3 2-11-80 Columbia Gas of Ohio, Inc. - regulating price for natural gas for a period of 4 yrs. Amends Ord. 1975-58.
1981-22 7-13-81 Ohio Edison Co. to supply electricity for light, heat and power for 25 yrs.
1981-42 10-26-81 Ohio Edison Co. for street lighting for 10 yrs.
1982-3 2-22-82 Columbia Gas of Ohio, Inc. regulating price for natural gas for a period of one yr.
1982-41 10-25-82 Columbia Gas of Ohio, Inc. regulating price for natural gas for one yr.
1983-21 8-8-83 Erie County Cablevision, Inc. for distribution of cable antenna service for 20 yrs.
1984-30 8-13-84 Columbia Gas of Ohio, Inc. regulating price for natural gas until 11-26-86.
1989-37 12-18-89 Ohio Edison Co. for street lighting for 10 yrs.
TABLE B- EASEMENTS
Ord. No. Date Description
Vol. p. 69 ---- H. L. Judge - to erect and maintain fixtures for electric lights.
Vol. p. 77 11-25-02 Northern Ohio Natural Gas & Pipe Line Co. - to lay mains and service pipes.
Vol. p. 80 3-25-03 Logan Natural Gas & Fuel Co. - to maintain and operate a gas pipe system.
Vol. p. 130 6-29-15 Treiber, Hecock & Stone - to lay and maintain gas mains and pipes.
Vol. p. 190 8-1-27 Logan Gas Co. - to lay and maintain a gas pipe system.
5 8-11-30 NYC RR Co. - to extend its tracks across Williams St.
41 7-27-36 Wheeling and Lake Erie RR Co. - to construct and maintain power line across Berlin Rd. and Meeker Ave.
72 6-12-39 Wheeling and Lake Erie RR Co. - to construct and maintain tracks underneath a bridge on Van Rensalaer St.
73 6-12-39 Village - to install and maintain a sewer main across property of Eastern States Cooperative Milling Corp.
74 6-12-39 Village - to install and maintain a sewer main across property of Wheeling and Lake Erie RR Co.
Res. 55 11-27-39 Northern Ohio Telephone Co. - to construct and operate fixtures for telephone and telegraph service.
174 11-17-47 Village - to install and maintain a water main across property of Wheeling and Lake Erie RR Co.
195 1-10-49 Village - to maintain and repair a water main across property of Wheeling and Lake Erie RR Co.
Res. 101 10-24-49 Ohio Public Service Co. - to maintain and operate transmission lines.
458 7-11-60 Village - purchase of perpetual easement for site of sewage pumping station.
484 12-30-60 Easement to Erie County Commissioners over land located on Lot 22 from highway to land leased by the Commissioners.
494A 5-25-61 City purchases perpetual water main easement over Watson property.
1962-24 9-24-62 Accepting easement from NYC RR. for the construction of a water main.
1963-18 5-13-63 Granting easement to Huron Development Co., Dr. B. G. Mote and Dr. James E. Art.
1965-27 10-25-65 Accepting 10-inch sanitary sewer easement from Sages Grove, Inc.
1965-29 12-13-65 Accepting underground pipeline easement from R. G. Hinde along Lots 803 through 812, Orangewood Rd.
1966-13 2-14-66 Releases utility easements in Beachwood Cove Subdivision No. 2.
1966-14 2-14-66 Accepts storm water easement from Sages Grove, Inc., on
Ord. No. Date Description
Res.
1966-8 3-28-66 Accepting Storm sewer easement from Lakeland Development Co.
Res.
1966-10 4-11-66 Accepting sidewalk easement from G. J. Rehring, Bishop of Toledo.
Res.
1966-26 10-3-66 Appropriates easements over 2 parcels in Old Homestead on the Lake Subdivision No. 2.
1966-51 11-28-66 Purchase of storm sewer easement from Swan Creek Lumber Co. in Old Homestead on the Lake Subdivision No. 2.
1968-7 2-26-68 From Staley for utility purposes.
1968-8 2-26-68 To Ohio Edison Co. to place a guy wire over City property.
Res.
1969-26 8-4-69 Accepting certain easements relating to drainage facilities in Beachwood Cove Subdivisions 2, 3 and 5.
Res.
1969-29 8-25-69 Authorized Board of Education to construct a storm sewer in Ashwood Rd. and Cleveland Rd. West.
Res.
1970-11 6-8-70 Old Homestead No. 1 Property Owners Assn. and Rose Radzik to use portions of Miami Place.
1972-62 11-13-72 From Richard Baumer for sanitary sewers and water mains in Concord Glen Planned Residential Development.
1981-56 12-14-81 From R. L. Tracht for relocation and reconstruction of electrical panel at Municipal Boat Basin.
1984-18 4-23-84 Permanent and temporary easements from Andrew Kurko for sanitary sewer and railroad runaround at Center St. Conrail crossing.
1990-8 6-25-90 Directs grant of easement to the Ohio Department of Transportation.
Res.
1990-14 8-27-90 Authorizes obtaining an easement from Huron Lagoons Marina, Inc. for water main extension and construction.
Res.
1990-15 8-27-90 Authorizes obtaining an easement from Edward J. and Madeline J. Bishop for water main extension and construction.
1991-15 5-13-91 Appropriates easements from Warren Slag Co. for purposes of constructing a water system improvement.
1992-9 5-26-92 Accepting an easement from Sawmill Industrial Park, Inc. in connection with maintenance of a water main in the Sawmill Industrial Park.
1995-6 2-13-95 Declares certain water line easement not needed; directs release.
Res.
1995-32 10-23-95 Directs easement agreement with Ohio Edison Co., for utility lines in front of the Municipal Complex.
1998-19 5-11-98 Directs purchase of temporary easements for Rye Beach Road Improvement Project.
1998-20 5-11-98 Directs purchase of permanent highway easements for Rye Beach Road Improvement Project.
Ord. No. Date Description
1998-24 5-26-98 Directs purchase of temporary easements for Rye Beach Road Improvement Project.
Res.
1999-17 4-12-99 Directs easement agreement with P. and D. Phinney for r-o-w.
Res.
2000-10 2-14-00 Directs easement agreement with Scheid Concrete, Inc.
Res.
2000-11 2-14-00 Directs easement agreement with C & M Properties Management, Ltd.
TABLE C - VACATING OF STREETS AND ALLEYS
Ord. No. Date Description
Vol. p. 236 7-13-75 Part of Huron St.
Vol. p. 48 10-28-84 Part of Railroad Ave.
Vol. p. 48 1-10-85 Part of Stowe Ave.
Vol. p. 55 6-28-87 Portions of Main and Walls Sts.
Vol. p. 72 9-12-99 Part of Lake St.
Vol. p. 192 12-27-27 Part of Sandusky St.
Vol. p. 193 12-27-27 Part of Lake Rd.
Vol. p. 195 3-12-28 Part of Meeker Ave.
67 11-28-38 Parts of Berlin Rd. (formerly Florence Rd.), River Rd., and Berlin Rd. as relocated.
131 4-23-45 B St., Centre Ave. and Breckenridge Ave., south of the Cleveland Highway.
161 4-28-47 West St., in Outlot 5 of the Old Town Plat.
272 10-26-53 Portion of Mills St.
296 6-13-55 Part of Washington Ave.
1961-7 12-11-61 Portion of north one-half of Van Ransalaer St.
1962-15 5-28-62 Portions of Superior Drive (formerly Lake and Central Sts.)
1963-13 3-25-63 Vacating (narrowing) part of Reifer Ave. from Adams Ave. north to Federal Route 6 bypass.
1963-30 9-9-63 Vacating Pearl St. in August Klein's Subdivision.
1965-18 9-13-65 Richland Ave. from Shore Dr. to Lake Erie Shoreline.
1966-21 4-11-66 Portion of Main St. between South and Wall Sts.
1967-3 2-13-67 Portion of Edgewater Dr.
1967-13 4-10-67 Portion of Van Rensalaer St.
1971-33 5-10-71 Portion of South St. lying east of Main St.
1973-26 6-4-73 Portions of Main St., Cleveland Rd. West and all of Fries St.
1975-63 11-24-75 Portion of Shirley St.
1976-8 3-22-76 Vacating Homestead Dr.
1978-2 1-3-78 Vacating Scott St. from Wilbor Ave. to Wilder Ave.
1981-1 1-12-81 Linden Dr. between Atwood Place and Richland Ave.
1990-5 3-26-90 Portion of West St.
2001-8 2-26-01 Portion of Superior Dr.
TABLE D - DEDICATION AND PLAT APPROVAL
Ord. No. Date Description
Vol. p. 68 5-18-97 Plat of Elenz Subdivision being part of Lot 32, Section 1.
Vol. p. 68 7-13-97 Plat of Meeker Subdivision being parts of Lots 32 and 26.
Vol. p. 97 10-23-06 Plat of Taylor's Subdivision of part of Outlot 24.
Vol. p. 97 10-23-06 Plat of Taylor's Subdivision of part of Outlot 34.
Vol. p. 88 5-14-07 Plat of Meeker Subdivision being part of Outlot 25.
Vol. p. 151 8-9-20 Plat of Chaska Beach Subdivision.
Vol. p. 170 6-5-22 Plat of Old Homestead on the Lake Subdivision.
55 2-14-38 Plat of Stein and Orebaugh extending Seneca Ave. and widening Kiwanis Ave.
187 8-9-48 Plat of Chaska Beach, 3rd Subdivision of parts of Original Lots 22 and 32.
248 6-9-52 Plat of Forthofer of Elwood Allotment.
284 7-12-54 Plat of Huron Subdivision of Firelands Homes, Inc.
288 1-24-55 Plat of Huron Heights Subdivision.
298 6-27-55 Plat of Forthofer of Elwood Heights Allotment 2.
303 10-31-55 Plat of Firelands Homes, Inc. Subdivision 2.
330 5-13-57 Plat of Bostater's Subdivision.
362 8-12-57 Plat of Huron Builder's Allotment.
368 10-14-57 Plat of Wheeler being part of Lots 16 and 17, Section 1.
369 11-25-57 Plat of Frey's Subdivision.
383 5-26-58 Plat of West Huron River Subdivision 3.
400 12-22-58 Plat of McQuillen showing extension of Reifer St. and Klein Ave.
419 6-8-59 Plat of Willow Grove Allotment.
424 8-31-59 Plat of Wheeler's Subdivision 2.
1961-2 7-10-61 Valleywood Drive in Beachwood Cove Subdivision No. 1.
1962-9 4-9-62 Dedication of Superior Dr. in Huronia Beach Subdivision.
1963-1 1-14-63 Plats of Beachwood Cove Subdivision Nos. 2 and 3.
1963-25 7-8-63 Plat of Thunderbird Hills Subdivision No. 1 (portion of Riverside Dr.)
1963-26 7-8-63 Plat of Beachwood Cove Subdivision No. 4 (Beachside Land and Anchorage Circle)
1963-29 8-12-63 Dedication of Laguna Drive in Huron Heights Subdivision No. 2.
1965-16 8-9-65 Plat of Beachwood Cove Subdivision No. 6.
1965-17 9-27-65 Plat of Beachwood Cove Subdivision No. 5.
1965-21 10-11-65 Plat of Colonial Colony Subdivision Nos. 1 and 2.
1966-24 4-25-66 Plat of Beachwood Cove Subdivision No. 7.
1966-45 9-26-66 Plat of Colonial Colony Subdivision Nos. 3 and 4.
1966-52 11-28-66 Plat of Beachwood Cove Subdivision No. 8.
1967-15 5-8-67 Plat of Village Green Subdivision No. 1.
1967-38 12-11-67 Plat of Sommer Subdivision No. 1.
1968-27 5-27-68 Plat of Sommer Subdivision No. 2.
1968-38 8-26-68 Dedicating an addition to Meeker Ave.
1968-43 10-28-68 Plat of Village Green Subdivision Nos. 2, 3 and 4.
Ord. No. Date Description
1970-19 4-13-70 Dedication of Industrial Parkway from Rye Beach Rd. east 1083 ft.
1972-29 4-10-72 Plat of Village Green Subdivision No. 5.
1972-38 7-10-72 Plat of Village Green Subdivision No. 6.
1973-20 5-21-73 Plat of extension of By the Shores Dr.
1973-27 6-11-73 Plat of Green Meadows Subdivision No. 1.
1975-51 9-8-75 Accepting plat of Sawmill Park Subdivision No. 1.
1975-69 12-22-75 Accepting plat of Beachwood Shores Lakefront Subdivision.
1976-3 2-9-76 Dedication of certain properties in Huron Center Redevelopment Project.
1976-14 5-10-76 Amends Ord. 1976-3.
1979-1 1-29-79 Dedication of Sawmill Parkway extension.
1986-16 8-25-86 Dedication of streets and lands of Green Meadow Subdivision No. 3.
1987-8 6-8-87 Plat of Green Meadows Subdivision No. 5 and dedication of streets, public ways and easements.
1988-24 8-22-88 Accepts dedication of lands on the plat of Woodland Ridge Subdivision 1.
1988-32 12-12-88 Approves final development plan for the Hidden Valley Condominium planned residential development.
1989-2 1-23-89 Repeals Ord. 1986-16.
1989-3 1-23-89 Accepts dedication of lands on the plat of Green Meadows Subdivsion 4.
1989-5 2-27-89 Accepts dedication of lands on the plat of Green Meadows Subdivision 3.
1989-6 2-27-89 Accepts dedication of lands on the plat of Green Meadows Subdivision 4A.
1989-16 6-12-89 Dedicates and opens Wheeler Dr. as a public street.
1989-25 8-28-89 Accepts dedication of lands on the plat of Green Meadows Subdivision 6.
1989-32 10-9-89 Accepts dedication of lands dedicated to public use on plat of Green Meadows Subdivision No. 6.
1992-8 5-11-92 Accepting the dedication of lands dedicated to public use as shown on the plat of Green Meadows Subdivision No.7.
1993-20 12-20-93 Accepting dedication to public use of the streets and lands in Green Meadows Subdivision No. 8
1994-12 6-13-94 Accepts dedication of public use lands on plat of Park Ridge Subdivision No. 1.
1995-5 2-13-95 Accepts dedication of public use lands on plat of Park Ridge Subdivision No. 2.
1995-8 3-13-95 Accepts dedication of public use lands on plat of Green Meadows Subdivision No. 9.
1996-1 1-22-96 Accepts dedication of lands dedicated to public use on plat of Green Meadows Subdivision No. 8.
1996-21 5-29-96 Accepts dedication of lands dedicated to public use on plat of Green Meadows Subdivision No. 10.
1996-54 10-9-96 Accepts dedication of lands dedicated to public use on plat of Park Ridge Subdivision No. 3.
1997-1 1-13-97 Accepts dedication of lands dedicated to public use on plat of Park Ridge Subdivision No. 3.
Ord. No. Date Description
Res.
1999-31 7-26-99 Directs accepting dedication of public lands in Green Meadows Subdivision No. 11.
Res.
1999-32 7-26-99 Directs accepting dedication of public lands in Eagle Crest Subdivision No. 2.
Res.
2000-30 5-22-00 Directs accepting dedication of public lands for Lake Erie Parkway.
TABLE E - ACQUISITION AND DISPOSAL OF REAL PROPERTY
Ord. No. Date Description
Vol. p. 231 3-29-75 Appropriation of land to open two public streets.
Vol. p. 39 8-5-81 Accepting land contract for the location of the Huron dock, wharf and landing place.
Vol. p. 71 7-26-98 Appropriation of land to extend Meeker Ave.
Vol. p. 172 8-21-22 Appropriation of land to extend Ohio St.
Vol. p. 195 1-31-28 Appropriation of land to widen Ohio St.
Res. 39 2-21-38 Appropriation of part of Lot 159, Meeker's Subdivision, for a sewerage ejector station site.
65 11-15-38 Purchase of part of Sublot 141, Original Lot 30, Section 1, Huron Twp., from Gunzenhauser for a sewage disposal and treatment plant.
76 8-14-39 Purchase of part of Steam Mill Sublot 141, Lot 30, from Gunzenhauser for a sewage plant.
80 12-11-39 Sale of north one-half of Lot 36, Town Plat of South Huron.
86 9-23-40 Purchase of parts of Original Lot 25, Section 2 and Original Lot 34, Section 1, from Fabens for extension of Adams Ave.
114 6-14-43 Purchase of part of Original Lot 29, Section 1, from Shirley for extension of Van Rensalaer St.
163 4-28-47 Accepting part of Original Lot 26, Section 1, from Jensen's Inc. for street purposes.
173 10-27-47 Sale of part of Original Lot 29, Section 1.
211 10-24-49 Purchase of part of Original Lot 9, Section 2, from Lorcher for refuse disposal purposes.
306 12-12-55 Appropriation of Original Lot 30, Section 1 and part of Original Lot 33, Section 1.
Res. 177 12-8-58 Appropriation of Sublot 417 in the Grand Forest Realty Co. Subdivision for a sewer ejector pumping station.
410 3-9-59 Sale of part of Sublot 417 in Grand Forest Realty Co. Subdivision.
478 12-12-60 Authorizing sale of part of Lot 36, Main St.
490 2-27-61 Sale of Veterans Housing Project Building on City property at Van Rensalaer St. to the Board of Education.
Res. 1962-6 5-14-62 Declaring intent to appropriate two parcels for enlarging sanitary sewage treatment facilities.
1962-16 6-11-62 Appropriation of parts of Lots 136 and 141 in the addition to the town plat of Shirleyville for enlarging the sanitary sewage facilities.
1962-38 11-26-62 Accepting deed from Huron Chamber of Commerce of the off- street parking lot on a part of Inlot 135 of Shirleyville Addition.
1963-17 5-6-63 Appropriating 3 parcels (near Perry, Ashland and Erie Aves.) for construction of sanitary, storm and water lines.
1963-31 9-9-63 Authorizes acquisition of land from Zimmerman as a site for the sanitary sewer pump station.
Ord. No. Date Description
Res. 1965-15 7-26-65 Accepting deed from Mrs. Rae W. Fabens.
1968-19 4-8-68 From Donovan for constructing a City street (parcel fronting 69 ft. on Tiffin St. by 277 ft. in depth).
1969-20 3-24-69 Appropriation of southerly 32 ft. of Sublot 134 of Shirleyville Town Plat for urban renewal.
1969-30 5-12-69 Appropriation of 3 parcels of Dircks for urban renewal.
1969-31 5-26-69 Appropriation of part of Lot 8 on Main St. for urban renewal.
1969-39 6-23-69 Appropriation of Ochs parcel being the west half of Lot 23 in South Huron for urban renewal.
1969-40 6-23-69 Appropriation of Sender parcel at the intersection of Main and Homan Sts. for urban renewal.
1969-41 6-23-69 Appropriation of Slyker parcel being the northerly 34 ft. of Sublot 134 in the Shirleyville addition, for urban renewal.
Res. 1969-27 8-25-69 Accepting conveyance from Beatty and Yellow Equipment and Terminals, Inc. to construct a street and to widen Rye Beach Rd.
1969-56 9-22-69 Appropriation of Reed parcel being the east half of Lot 22 on west side of Main St. for urban renewal.
1969-57 9-22-69 Appropriation of Washburn parcel being the west half of Lot 22 on east side of Williams St. for urban renewal.
1969-62 10-6-69 Appropriation of 0.80 of an acre from NE corner of Lot 34 for urban renewal.
1969-63 10-6-69 Appropriation of part of Lot 136 in the Shirleyville Town Plot for urban renewal.
1971-28 4-26-71 Appropriation of part of east half of Lot 8 in old Town Plat owned by-Rose Wechter.
1971-35 6-14-71 Appropriation of part of Outlot 9 in old Town Plat and part of Original Lot 30, Section 1, Huron Twp. owned by Tremarco Corp.
1971-36 6-14-71 Appropriation of part of north half of Lot 4, Main St. owned by Guiseppe Gioffre.
1972-13 2-2-72 Appropriation of north 33 ft. of Lot 6 of South Huron plat from Yale H. Lavoo.
1972-33 6-5-72 Authorizes sale of property in urban renewal area project no. Ohio R-101 to Riverview Enterprises, Inc.
1972-35 6-19-72 Authorizes sale of property in urban renewal area project no. Ohio R-101 to Firelands Community Bank.
1973-31 7-9-73 Authorizes sale of property in urban renewal area project no. Ohio R-101 to The Savings Building and Loan Co.
1974-15 3-25-74 Sale of Lots 76 and 89 of Plat of South Huron to Huron Library Board of Trustees.
1974-63 11-25-74 Sale of property in Huron Center Redevelopment Area to Huron United Methodist Church.
Ord. No. Date Description
1975-59 11-10-75 Sale of property in Huron Center Redevelopment Area to Northern Ohio Telephone Co.
1975-66 12-22-75 Sale of property in Huron Center Redevelopment Area to Huron United Methodist Church; repeals Ord. 1974-63.
1976-9 3-8-76 Sale of property in Huron Center Redevelopment Area to U.S. Postal Service.
1977-24 10-10-77 Sale of property in Huron Center Redevelopment Area Urban Renewal Project to Kacur Company, Inc.
Res.
1978-8 3-13-78 Directs purchase agreement with G. and E. Staley for property near Faben’s Park to be sold to City for Community Development Program.
1979-1 1-29-79 Sale of property in Sawmill Industrial Park to Leglo Color Corp.
1979-2 3-12-79 Sale of property in Huron Center Redevelopment Area Urban Renewal Project to The Huron River Corporation.
1979-10 6-11-79 Authorizing sale of Lot 421 on Silvern St., no longer needed for Municipal purposes.
1979-28 10-8-79 Agreement with Sawmill Ind. Park, Inc. for purchase of site for elevated water storage tank.
1984-14 3-26-84 Appropriation of 0.071 acre from John C. White to eliminate Conrail grade crossing at Center St.
1984-15 3-26-84 Appropriation of 0.176 acre from Andrew Kurko to eliminate Conrail grade crossing at Center St.
1984-18 4-23-84 Appropriation of property containing 0.079 acre, 0.037 acre and 0.198 acre from Andrew Kurko to eliminate Conrail grade crossing at Center St.
Res.
1984-18 11-26-84 Purchase of Beatty Chevrolet Bldg. and 5 acres of land by City.
1985-6 3-25-85 Authorizing sale of Lot 38 on N. side of South St., no longer needed for Municipal purposes.
1985-15 6-10-85 Authorizes sale of property in Huron Center Redevelopment Area Urban Renewal Project to Southport Ltd.
1986-13 7-14-86 Authorizes sale of property in Huron Center Redevelopment Area Urban Renewal Project, Project No. Ohio R-101.
1986-14 7-14-86 Authorizes sale of downtown sewage treatment plant site and adjacent boathouse property.
1986-15 7-14-86 Authorizes sale of .2923 acres in Huron Center Redevelopment area from Southport Limited to D.A. Brown.
Res.
1993-32 11-8-93 Authorizing agreement with Huron Yacht Club to sell Club .6534 acres to develop parcel as a parking area for Club members.
Ord. No Date Description.
1996-11 3-11-96 Directs option agreement with W. Knupke et al to purchase real estate on Rye Beach Rd.
1996-12 4-8-96 Authorizes sale of real property at 608 Rye Beach Rd., to C. Hanson.
1996-13 3-29-96 Authorizes sale of real property at 608 Rye Beach Rd., to J. Stock.
1996-25 6-24-96 Authorizes sale of property located in Urban Renewal Disposition Parcel 1-A to Hospitality One, Inc.
1997-8 3-7-97 Authorizes purchase of land from W. Knupke, H. Knupke and the V. Hinde heirs.
1997-37 10-13-97 Directs contract with R. and D. MacLean for sale of real estate along, but not fronting, Center St.
2001-12 3-26-01 Authorizes sale of 2.05 acres located on Rye Beach Road to GDM Co.
2001-21 7-23-01 Authorizes exchange of real property located between Wilbor Ave. and Wilder Ave. with H. and C. Carruthers.
TABLE F - LEASE OF REAL PROPERTY
Ord. No. Date Description
Vol. P. 3 4-3-74 C. Ruggles et al - part of South St. between Main St. and Huron River to build a dock.
Vol. P.
235 7-13-75 Township Trustees - to erect a Township Hall with the Village to have exclusive use of a Council room. (Copy of lease contract appears on p. 237.)
Vol. P.
39 8-5-81 C.R.Griggs - Huron dock, wharf and landing place. (Lease copy appears on. p. 249.)
Vol. P.
76 --- U.S. Signal Service Dept. - portion of Main St. for the erection of a signal tower.
Vol. P.
88 11-12-07 U.S. Signal Service Dept. - portion of Main St. for the erection of a signal tower.
Vol. P.
100 8-22-11 Lot 36 to highest bidder.
85 7-22-40 Lot 135, Original Lot 30, Section 1, from Cities Service Oil Co. for parking space.
119 2-7-44 Lease of north one-half of Lot 36 to highest bidder.
Res.
167 6-23-58 Village - property from Nickel Plate RR Co. for beach and park facilities.
484 12-30-60 Authorizing Mayor and Board of Public Affairs to lease certain real estate in Lot 22 to the Erie County Commissioners and an easement granting a right of way, term ending March 9, 1994.
1963-13 3-25-63 License agreement to Chicotel for use of portion of Reifer Ave.
1963-28 8-12-63 License to Piwebe Inc., for use of portion of north half of Van Rennselear St.
1964-18 6-8-64 License to Hunker and Lowery for use of a portion of Middle Ave.
Res.
1988-34 12-19-88 Authorizes lease with Huron Board of Education for portion of City Service Bldg.
Res.
1989-8 5-8-89 Directs City Manager to execute lease with Huron Yacht Club regarding leasing of boat docks in small boat mooring basin.
Res.
1989-13 5-22-89 Authorizes lease with O'Sullivan Corp. for portion of Rye Beach Road Complex.
Res.
1989-15 6-26-89 Directs lease with Huron Yacht Club regarding leasing of boat docks in small boat mooring basin.
Res.
1989-33 12-18-89 Authorizes lease with the O'Sullivan Corp. for part of the Rye Beach Road Complex.
Res.
1989-34 12-18-89 Authorizes lease with the Board of Education for part of the Rye Beach Road Complex.
Ord. No. Date Description
Res.
1991-4 2-11-91 Authorizes lease agreement with Breckenridge Co. for a portion of Service Complex.
Res.
1991-5 2-11-91 Authorizes lease agreement with Huron City schools for a portion of Service Complex.
Res.
1991-36 12-16-91 Authorizes lease agreement with Huron City schools for a portion of the Service Complex.
Res.
1992-35 8-10-92 Authorizing the City Manager to execute a lease agreement with Albert Dworznik for a portion of Wall Street.
Res.
1993-3 1-25-93 Authorizing a consent to a sublease with Norfolk Southern Corp. of premises known as "Huron Dock, Wharf and Landing Place".
Res.
1993-6 2-18-93 Authorizes leasing portion of Small Boat Mooring Basin to Bill's Riverfront Cafe for use as an outside deck.
Res.
1993-27 9-27-93 Authorizes leasing portion of Wall St. to Huron Bait and Supply Store for customer parking, etc.
Res.
1994-16 7-11-94 Directs lease agreement with City schools.
Res.
1994-29 12-12-94 Authorizes lease of dock spaces from City to Huron Yacht Club.
Res.
1995-14 6-12-95 Authorizes lease agreement with Huron City schools for portion of City Services Building on Rye Beach Rd.
Res.
1996-1 1-22-96 Directs supplemental lease agreement with Norfolk and Western Railway Co.
Res.
1999-19 5-24-99 Directs lease agreement with J.P. Westerhold for portion of walkway surrounding boat basin.
Res.
2000-22 4-24-00 Directs lease agreement with U.S. Coast Guard for its facilities at corner of Wall and Main Sts.
Res.
2000-26 5-22-00 Directs lease agreement with J.P. Westerhold for part of walkway surrounding City’s Small Boat Mooring Basin for use as deck for JP’s Downunder.
TABLE G - STREET GRADE LEVELS AND CHANGE OF STREET NAME
Ord. No. Date Description
Vol. p. 111 ---- Grade of part of Main St. from Jefferson St. to South St.
Vol. p. 240 4-11-76 Naming Washington St. and Jefferson St. as opened re Ord. on p. 231.
Vol. p. 62 11-13-85 Grade of Main St. from South St. to Lake Shore and Michigan Southern RR.
Vol. p. 81 11-21-04 Grades of William, Center, Ohio, Huron, Wall, South, Homan, Shirley, Mill, Van Rensalaer and Standard Sts.
Vol. p. 83 4-10-05 Amends Ord. re grade of Center St. on p. 81.
Vol. p. 90 7-23-07 Grades of Adams, Wilbor and Berlin Sts., Williams and Wabash Aves. and parts of Center and South Sts.
Vol. p. 87 12-23-09 Grade of part of Center St. from Lake Shore and Michigan Southern RR to Sandusky Road St.
Vol. p. 175 8-11-24 Grade of part of Center St. from Standard St. to the extended line of Public Square.
Vol. p. 185 5-24-27 Grade of part of Mill St. from Main St. to Huron St.
Vol. p. 185 5-24-27 Grade of part of Huron St. from Van Rensalaer St. to Mill St.
Vol. p. 186 5-24-27 Grade of part of Huron St. from Standard St. to Van Rensalaer St.
Vol. p. 186 5-24-27 Grade of part of Standard St. from Center St. to Main St.
Vol. p. 187 5-24-27 Grade of part of Ohio St. from Homan St. to the extended line of Public Square.
Vol. p. 187 5-24-27 Grade of part of Shirley St. from Center St. to Main St.
Vol. p. 188 5-24-27 Grade of Standard St. from Huron St. to Main St.
Vol. p. 188 5-24-27 Grade of part of Williams St. from Bogart Rd. to South St.
387 6-9-58 Woodlawn Ave. to Reifer Ave.; Center St. to Middle Ave.; Poplar Rd. to Maple Ave.; Park St. to Parkway Ave.
420 6-8-59 Williams St. to Bruns St.
1962-11 4-23-62 Berlin St. (from Main St. east to Huron River) to Fries St.
Berlin St. (from Routes 6 and 2 north to its termination) to Berlin Rd.
Brookside Dr. to Marina Dr.
Riverview Dr. to Laguna Dr.
Williams St. (from Silvern St. east to Woodside Ave.) to Bruns St. Centre Ave. to Ontario St.
Van Rensselear St. to Liberty Dr.
Cleveland Rd. and U.S. 6 and S.R. 2 east of Main St. to Cleveland Rd. East.
Homan St. and U. S. 6 and S. R. 2 west of Main St. to Cleveland Rd. West.
Erie Dr. to Mohawk Dr.
Erie St. to Huronia Beach Dr.
Ord. No. Date Description
1962-11 4-23-62 First St. (from Williams Ave. west to Meeker Ave.) to Temper St. Williams Ave. to Tiffin St.
Hickory Dr. (from Lakewood Ave. north to Rye Beach Assn. Park) to Pleasant St.
Huron-Avery Rd. to Main St.
Jefferson Ave. to Lincoln Ave.
Grandview Blvd. and Beach Rd. to Rye Beach Rd.
Lakeview Pl. to Shore Dr.
Lakeside Ave. to Atwood Pl.
Lake St. and Central St. to Superior Dr.
Shirley St. to Mill St.
Oakwood Rd. to Orangewood Rd.
Park St. (in Rye Beach Subdivision) to Surf Dr.
Park Ave. to Northview Pl.
Oakland Pl. to Richland Ave.
Parkwood Dr. to Sand Dr.
Park Pl. to Linden Dr.
Poplar Ave. to Maple Ave.
Reifer St. (from Wilbor Ave. south to NYC right of way) to Klein St.
Sandusky St. to Nickel Plate Dr.
Woodward Ave. to High St.
Woodland Ave. to Michigan Ave.
Valleywood Dr. to Gateway Blvd.
1967 3-13-67 Name change: Stowe St. between Adams and Wilder Aves. to Scott St.
1991-4 1-28-91 Name change: Reifer Ave. to Liberty Dr.
1996-20 5-13-96 Name change: Liberty Dr. to Jim Campbell Blvd.
TABLE H - ANNEXATION AND DETACHMENT OF TERRITORY
Ord. No. Date Description
Vol. p. 35 2-8-76 Application for territory near the intersection of Center St. and the south line of Lot 29, Section 1.
299 7-11-55 Application of Hinde et al of land near westerly corporation line.
346 12-10-56 Application of Kauffman et al for parts of Original Lot 16, Section 2 and Lot 18, Section 1.
Res. 1961-8 8-28-61 Approval of annexation application of Wilkes for parcel of land located in Lots 22 and 23, Section 1, Huron Twp. (32.57 acres contiguous to present easterly corporation line).
Res. 1964-7 5-25-64 Approval of annexation application of Snyder for 22.19 acre parcel in Lot 23, Section 1, Huron Twp. (contiguous to present easterly corporation limits).
Res. 1966-2 1-24-66 Approval of annexation application of Altmeyer for 5.8732 acres in Lot 16, Section 1, Huron Twp. (contiguous to present southern corporation limits).
TABLE I - ZONING MAP CHANGES
Ord. No. Date Description
365 9-9-57 Basic Zoning Ordinance delineates Commercial and Industrial Districts.
377 3-24-58 Property along Routes 2 and 6 (Homan St.) between Williams St. and where it is crossed by the Second Cove from Commercial to Residential.
430 11-9-59 Parcel near south right of way of NYC railroad and River Rd. rezoned Heavy Industrial.
44 3-14-60 Sublot 6 in Original Lot 28, Section 1 (2.41 acres) from Residential to Commercial.
460 7-25-60 Lots 99 to 107 in Rye Beach Land Co. Subdivision from Residential to Commercial.
479 12-30-60 Parts of Lots 28 and 31 in the north part of Section 2, Huron Twp., from Residential to Commercial.
1963-12 2-18-63 East side of Williams St. between Shirley St. and Cleveland Rd. W. from Residential to Commercial.
1964-5 5-11-64 New zone map adopted.
1964-32 11-9-64 Area bounded by NYC RR., SR 6, Rye Beach Rd. and middle line of Lot 28 from R-1 One-Family Residence to B-3 General Business District.
1965-3 1-18-65 Portion of Sublot 6, original Lot 28 at intersection of Main St. and Bogart Rd. from R-1 One-Family Residence to B-2 Downtown Business District.
1965-5 1-25-65 Property owned by Sages Grove, Inc., and First Erie Corp. lying north of Cleveland Rd. East in Beachwood Cove Subdivision No. 5, from R-1 One-Family Residence, 3.6188 acres to B-3 General Business District and 11.854 acres to R-3 Multi-Family Residence District.
1965-8 4-13-65 Staley property lying east of Rye Beach Rd. from R-1 One Family Residence to M-2 General Manufacturing District.
1965-25 10-25-65 5.2481 acres on north side of Cleveland Rd. East from R-3 Multi- Family Residence to R-1 One-Family Residence District.
1966-10 2-14-66 All Rye Beach Subdivisions and Willow Grove Subdivision rezoned to R-1-A One-Family Residence District.
1970-2 1-19-70 Lots 8, 10, 12, 14 and 16 on Taylor St. south of Penn Central tracks and all adjacent lands owned by Joseph Brock from R-1 One-Family Residence District to B-3 General Business District.
1970-3 1-26-70 Corner of Berlin Rd. and Routes 2 and 6 owned by Michael and Sam Sliman from R-3 Multi-Family Residence District to B-1 Neighborhood Business District.
Ord. No. Date Description
1972-26 3-13-72 Land owned by V. Solberg; 4.5 acres from R-1 Residence to R-2 Residence; 45.5 acres from B-3 Business to R-2 Residence.
1972-28 3-27-72 Ruby Fleming property on Cleveland Rd. west from R-3 Residence to B-1 Business.
1972-51 9-11-72 Lots 6, 11, 13, 15, 17 and 19 in B.E. Taylor Subdivision from R-1 Residence to B-3 Business.
1972-59 10-26-72 Part of Lot 7 in the Old Town Plat from R-2 Residence to B-3 Business.
1974-14 3-25-74 Certain property owned by Frank Consolo on Berlin St. north of Consolo Market from R-2 One and Two-Family Residence District to P-1 Off-Street Parking District.
1974-16 3-25-74 Certain property owned by Melvin Moore on Berlin Rd. being Lot 4 of Bartlett Subdivision from R-3 Multi-Family Residence District to R-1 Single-Family Residence District.
1975-60 11-10-75 Certain property owned by D. and A. Majoy on Berlin Rd. from R-1 Single-Family Residence District to R-2 One and Two-Family Residence District.
1976-2 1-12-76 Property owned by First Huron Corporation and the Cleveland Stevedore Co. in Beachwood Cove Subdivision No. 8 from B-3 General Business to R-1 Single-Family Residence District.
1977-20 8-22-77 Colonial Colony Subdivision No's. 1, 2, 3 and 4 from R-2 and R-3 One and Two-Family and Multi-Family Residence District to R-1 Single Family Residence District.
1978-17 4-24-78 Property located within Huron Center Urban Renewal Area zoned B-2 Downtown Business.
1980-25 10-27-80 3.66 acres on Wheeler Dr. zoned R-3 Multi Family Residential.
1980-26 10-27-80 Lot 9 in the B.E. Taylor Subdivision from R-1 to B-3.
1981-10 4-13-81 Part of Oklahoma Subdivision zoned R-1 Single-Family Residential.
1985-18 7-15-85 0.69 acre on River Rd. zoned R-1, Single Family Residential.
1986-26 12-8-86 Property of Blanche Kamen on Cleveland Road West to R-3.
1986-30 12-29-86 Zion Lutheran Church property on S. Main St. from R-1 and B-2 to R-3.
1986-31 12-29-86 Property of Richard Baumer on S. Main St. to R-2.
1988-19 6-27-88 Property of Frederick A. and Virginia Boos and James and Muriel Zielske on Mud Brook Rd. to R-2.
1989-29 10-9-89 Property on Berlin Rd. owned by Carlo Martello, et al, zoned P-1 Off-street Parking.
1996-26 7-8-96 Property on east side of Rye Beach Rd., zoned I-1 Light Industrial District.
CHARTER FOR THE
CITY OF HURON, OHIO
________________________
TABLE OF CONTENTS
PREAMBLE
ARTICLE I INCORPORATION, POWERS, FORM OF GOVERNMENT
Sec. 1.01 Incorporation.
Sec. 1.02 Powers.
Sec. 1.03 Manner of exercise of powers.
ARTICLE II - THE CITY COUNCIL
Sec. 2.01 Number, selection, term.
Sec. 2.02 Qualifications.
Sec. 2.03 Election contests.
Sec. 2.04 Vacancies, creation of.
Sec. 2.05 Vacancies, filling of.
Sec. 2.06 Salary of Council members.
Sec. 2.07 Rules, journal.
Sec. 2.08 Powers of the Council.
Sec. 2.09 Meetings of Council. (11-7-89)
Sec. 2.10 Mayor.
Sec. 2.11 Vice-Mayor.
Sec. 2.12 Clerk of Council.
ARTICLE III - ORDINANCES AND RESOLUTIONS
Sec. 3.01 Action by Council. (11-7-89)
Sec. 3.02 Introduction of ordinances. (11-7-89)
Sec. 3.03 Procedures for legislation. (1-7-89)
Sec. 3.04 Emergency ordinances. (11-7-89)
Sec. 3.05 Publication of ordinances. (11-7-89)
Sec. 3.06 Effective date of ordinances. (11-7-89)
Sec. 3.07 Initiative and referendum. (11-7-89)
Sec. 3.08 Adoption of ordinances by reference. (11-7-89)
Sec. 3.09 Resolutions. (11-7-89)
ARTICLE IV - CITY MANAGER
Sec. 4.01 Appointment of City Manager.
Sec. 4.02 Duties of the City Manager.
Sec. 4.03 Absence or disability of the City Manager.
Sec. 4.04 Removal of the City Manager.
Sec. 4.05 Council: relation to City Manager.
ARTICLE V - ADMINISTRATIVE DEPARTMENTS
Sec. 5.01 Creation of departments.
Sec. 5.02 Department heads.
Sec. 5.03 Departmental divisions.
Sec. 5.04 Administrative Code.
Sec. 5.05 Central purchasing.
Sec. 5.06 Competitive bidding. (11-6-84)
Sec. 5.07 Over-expenditures.
Sec. 5.08 Personal interest. (11-6-84)
Sec. 5.09 Illegal contracts voidable.
Sec. 5.10 Qualifications of Director of Law.
Sec. 5.11 Department of Finance.
ARTICLE VI - FINANCE
Sec. 6.01 Fiscal year.
Sec. 6.02 Annual tax budget.
Sec. 6.03 Hearing on tax budget.
Sec. 6.04 Tax levies. (11-3-70)
Sec. 6.05 Municipal budget.
Sec. 6.06 Annual appropriation ordinance.
Sec. 6.07 Effect of appropriation ordinance.
Sec. 6.08 Availability of funds.
Sec. 6.09 Allotments.
Sec. 6.10 Revising of allotments and appropriations.
Sec. 6.11 Transfers.
Sec. 6.12 Accounting.
ARTICLE VII - BOARDS AND COMMISSIONS
Sec. 7.01 Planning Commission.
Sec. 7.02 Board of Building and Zoning Appeals.
Sec. 7.03 Boards of Trustees, Police and Fire Relief and Pension Funds.
ARTICLE VIII - PERSONNEL
Sec. 8.01 Merit system established.
Sec. 8.02 Exempt positions.
Sec. 8.03 Personnel Officer.
Sec. 8.04 Personnel Appeals Board.
Sec. 8.05 Duties of Personnel Appeals Board.
Sec. 8.06 Candidacy for partisan office.
Sec. 8.07 Partisan political activity.
Sec. 8.08 Penalties.
Sec. 8.09 Promotional examinations.
ARTICLE IX - BORROWING
Sec. 9.01 Power to incur indebtedness. (5-8-62)
Sec. 9.02 Mortgage revenue bonds. (5-8-62)
Sec. 9.03 Special assessment bonds.
Sec. 9.04 Tax anticipation notes.
Sec. 9.05 Emergency borrowing.
Sec. 9.06 Procedures in bond issues.
ARTICLE X - NOMINATIONS AND ELECTIONS
Sec. 10.01 Municipal elections.
Sec. 10.02 Conduct of elections.
Sec. 10.03 Nominations.
Sec. 10.04 Acceptance and verification. (11-6-84)
Sec. 10.05 Ballots.
Sec. 10.06 Write-ins.
Sec. 10.07 Watchers and challengers.
Sec. 10.08 Plurality, tie votes.
Sec. 10.09 Public information on issues.
ARTICLE XI - RECALL
Sec. 11.01 Recall.
Sec. 11.02 Form of petitions: committee.
Sec. 11.03 Filing and examination of petitions.
Sec. 11.04 Amendment of petitions.
Sec. 11.05 Submission to voters.
ARTICLE XII - GENERAL PROVISIONS
Sec. 12.01 Oath of Office.
Sec. 12.02 Official bonds.
Sec. 12.03 Fees.
Sec. 12.04 Removal from office.
Sec. 12.05 Enforcement of subpoenas.
Sec. 12.06 Amendments to the Charter.
Sec. 12.07 Severability clause.
Sec. 12.08 Publication.
Sec. 12.09 Gender; Singular and Plural; Tense. (11-6-84)
ARTICLE XIII - TRANSITIONAL PROVISIONS
Sec. 13.01 Fiscal succession.
Sec. 13.02 Continuation of ordinances.
Sec. 13.03 Continuation of officers.
Sec. 13.04 Continuation of employees.
Sec. 13.05 Transfer of records and property.
Sec. 13.06 Continuation of contracts and improvements.
Sec. 13.07 Pending actions and proceedings.
Sec. 13.08 When Charter takes effect.
Sec. 13.09 Terms of Council.
Sec. 13.10 Transfer of finance functions.
Sec. 13.11 Boards of Zoning Appeals and Building Appeals.
EDITOR'S NOTE: The Charter for the City of Huron, Ohio was adopted by the voters at the special election held on June 7, 1960. The Charter became effective on January 1, 1961, for the purpose of electing the first Council thereunder. For all other purposes it took effect on July 1, 1961. Dates appearing in parentheses following a section indicate that the provisions of the section were subsequently amended, enacted or repealed on the date given.
The members of the Charter Commission, chosen by the voters at the general election held on November 3, 1959, which framed and submitted the Charter to the electors were:
John W. Campbell - Chairman
James F. Delahunt - Vice Chairman
Ralph C. Pisano - Secretary
Florence M. Dutt- Treasurer
Marshall G. Browne
Frank J. Deemer
Mary G. Fontaine
Pat J. Gioffre
Russell Habick
Scott R. Hetrick
Frank J. Larizza
Dr. Bill G. Mote
Lauretta P. Reiser
Katherine M. Rudy
Robert R. Swanbeck
A CHARTER FOR THE
CITY OF HURON, OHIO
PREAMBLE
We, the people of Huron, Ohio, desirous of securing for our city and for ourselves and our children the advantages of self-government conferred by the home rule provisions of the Ohio constitution, do hereby ordain and establish the following Charter:
ARTICLE I
INCORPORATION, POWERS, FORM OF GOVERNMENT
SEC. 1.01. INCORPORATION.
The inhabitants of the Village of Huron, Erie County, Ohio, within the corporate limits as established at the time of the adoption of this charter, or as thereafter established in the manner provided by law, shall be and continue to be a municipal corporation in perpetuity, under the name of "The City of Huron". The corporation will hereinafter be referred to as "The City".
SEC. 1.02. POWERS.
The city shall have and may exercise all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever, except as prohibited by the Constitution of the United States, or the Constitution of the state of Ohio, or as limited or restrained by this charter or by the general statutes of the state of Ohio relating to matters of statewide concern. The enumeration of specific powers in this charter shall not be deemed exclusive, as it is intended that in addition to the powers enumerated herein or implied therefrom or appropriate to the exercise of such enumerated powers, the city shall have and may exercise all other and additional powers which it would be competent for this charter specifically to enumerate.
SEC. 1.03. MANNER OF EXERCISE OF POWERS.
All powers of the city shall be vested in the officers provided for in this charter. Where any existing or future acquired power is not assigned to a specific officer, it shall be deemed to be among the powers of the city council. All powers shall be exercised in the manner prescribed in this charter, or if the manner be not so prescribed, then in the manner prescribed by ordinance. If no procedure is established either by the charter or by ordinance, then that provided by general state law shall be followed until the city council shall provide a different procedure by ordinance.
ARTICLE II
THE CITY COUNCIL
SEC. 2.01. NUMBER, SELECTION, TERM.
The city council shall consist of seven members, elected at large in the city, for four year overlapping terms, in the manner hereinafter provided. All elections of council members shall be on a non-partisan ballot.
SEC. 2.02. QUALIFICATIONS.
Any registered elector, who has lived in the city for two years prior to filing his petition of candidacy, and who is not the occupant of an incompatible office or employment shall be eligible to have his name placed on the ballot, if his petition is sufficient as hereinafter provided, and to serve as a member of the council, if elected.
SEC. 2.03. ELECTION CONTESTS.
The Council shall be the sole judge of the election and qualifications of its own members, and for such purpose shall have power by subpoena to compel the attendance of witnesses and the production of ballots and records.
SEC. 2.04. VACANCIES, CREATION OF.
Once elected and sworn in, a member of council may vacate his office by resignation, accepted by a majority of the other council members; by removal of his permanent residence to a place outside the limits of the city; by ceasing to be a qualified elector; by absence, without excuse by the other members of council, from meetings of the council during two consecutive months; by the acceptance of and entering upon the duties of an incompatible office; by recall, as hereinafter provided; by removal from office for malfeasance, as provided by law, or by death.
SEC. 2.05. VACANCIES, FILLING OF.
Vacancies in the office of council member shall be filled within thirty days by vote of a majority of the remaining council members, by the selection of a person qualified as provided in Section 2.02 hereof. Such person so chosen shall serve until the next regular municipal election occurring not less than one hundred days after his selection. At such election a successor shall be elected to serve for the unexpired term, if any; if not, for a full term.
SEC. 2.06. SALARY OF COUNCIL MEMBERS.
The members of the council shall receive a salary of $200.00 per year, payable quarterly. The council may, however, fix a different salary to be paid to their successors in office provided that no increase shall be paid unless the ordinance establishing it shall have been passed at least one hundred days before a regular municipal election, at which a majority of the council members are to be elected.
SEC. 2.07. RULES, JOURNAL.
The council shall adopt and may amend its own rules of procedure, in conformity with the provisions of this charter. It shall cause to be kept a journal of its proceedings, which shall be a public record.
SEC. 2.08. POWERS OF THE COUNCIL.
Among other powers the council shall have authority to:
(1) Adopt ordinances and resolutions on any subject within the scope of its powers, and to provide penalties for the violation thereof;
(2) Establish the internal organization and staffing of the departments, boards and commissions created by this charter; set up such additional departments, boards or commissions as it may deem necessary and determine their powers and duties;
(3) Adopt and modify the master plan for the city and an official map of the city;
(4) Regulate the use of private real estate in the city by establishing zones, limiting the uses in each zone, and limiting the height of buildings and the intensity of land use;
(5) Adopt a subdivision platting ordinance and approve subdivision plats which conform thereto;
(6) Enact a comprehensive building code;
(7) Authorize the levy of taxes and the issuance of bonds as provided in this charter;
(8) Adopt an annual appropriation ordinance based on the annual budget, and delegate its enforcement to the city manager;
(9) Establish a volunteer firemen's relief and pension fund and make payments therefrom;
(10) Appoint and remove the city manager, establish his salary, and appoint an acting city manager when necessary to expedite public business;
(11) Inquire into the conduct of any city officer or employee in the performance of his public functions;
(12) Make investigations of any office, department or agency of the city;
(13) Grant public utility franchises by vote of five-sevenths (5/7) of council;
(14) Appoint and remove the members of the city planning commission, the zoning board of appeals and any other board or commission created by ordinance;
(15) Employ a Certified Public Accountant to audit the accounts of the city or any officer or department thereof, whenever such audit is deemed necessary; provided that a general audit of the city accounts shall be made at least annually;
(16) Issue subpoenas for witnesses and to require the production of books and papers which may be necessary in the conduct of any hearing or investigation.
SEC. 2.09. MEETINGS OF COUNCIL.
(l) The council shall hold its first or organization meeting on the first day of December of each odd numbered year, or if such day falls on Sunday, then on the following day. At such meeting the newly elected members of council shall take the oath of office and the council shall proceed to elect a mayor, a vice-mayor and a clerk of council and may transact such other business as may come before it. Thereafter, regular meetings shall be held as prescribed in the council rules, but not less frequently than twice each month. Special meetings may be called as provided by the council rules. A majority of the members elected shall constitute a quorum at all meetings.
(2) All meetings of the council shall be open to the public; provided, however, that the council and other public bodies of the City may hold executive sessions in the manner and for the purposes set forth in the general law of the State of Ohio and as the same may from time to time be amended.
(Amended 11-7-89)
SEC. 2.10. MAYOR.
The council shall select biennially from among its members one to serve as mayor for a term of two years and until his successor is chosen and qualified as such. The mayor shall preside at council meetings, when present, and shall have a vote on all matters which come before the council, but shall have no power of veto. He shall be the ceremonial head of the city, but shall exercise no administrative authority. He shall also perform the judicial duties imposed upon mayors by state law. The mayor shall be paid a salary of $800.00 per year so long as he continues to discharge judicial functions. If and when these are terminated he shall receive a salary of $400.00 per year. The council shall have the same authority to increase the salary of future mayors as they have to increase the salaries of their successors, as provided in Section 2.05.
SEC. 2.11. VICE-MAYOR.
The vice-mayor shall preside at council meetings in the absence of the mayor and in case of the disability of the mayor he shall perform the duties of mayor. He shall become mayor in case of a vacancy in that office. When the vice-mayor assumes the office of mayor, he shall receive the salary fixed for that office.
SEC. 2.12. CLERK OF COUNCIL.
There shall be a clerk of council, selected by vote of a majority of the members of the council from outside its membership, to serve for two years and until his successor is chosen and enters upon the duties of his office. He shall give notice of council meetings, keep the journal, advertise public hearings, record in a separate book all ordinances and resolutions approved by council and see that such enactments are published as required by this charter. He shall perform such other duties as may be assigned to him by this charter or by ordinance. He may be appointed to serve full time or part time and the council may assign the duties of clerk of council to any employee of the city as an additional duty. The clerk of council shall receive a salary for his services as such, as established by ordinance.
ARTICLE III
ORDINANCES AND RESOLUTIONS
SEC. 3.01. ACTION BY COUNCIL.
Every action of the council establishing any misdemeanor, or providing for the imposition of any penalty, or for the levy of any tax, or the contracting of any indebtedness, or appropriating money, as well as all actions required by this charter to be taken by ordinance, shall be taken formally, in the manner hereinafter provided. All other actions may be taken by resolution.
(Amended 11-7-89)
SEC. 3.02. INTRODUCTION OF ORDINANCES.
Each proposed ordinance shall be introduced in writing by a member of the council and shall contain a title, an opening clause: "Be it ordained by the Council of the City of Huron, Ohio, " and a body in which there shall be set forth at length the action to be taken and the classes of persons to be affected thereby. Each ordinance shall contain but one subject, which shall be clearly set forth in its title.
(Amended 11-7-89)
SEC. 3.03. PROCEDURES FOR LEGISLATION.
(A) The following procedures shall apply to the passage of ordinances and resolutions by the council.
(1) Each ordinance and resolution shall be read by title only, provided the council may require any reading to be in full by a majority vote of its members.
(2) Each ordinance or resolution shall be read on three different days, provided the council may dispense with this rule by a vote of at least three-fourths of its members.
(3) The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.
(4) Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of the council.
(5) Final passage shall be certified by the signatures of the mayor or vice- mayor and the clerk of council.
(Amended 11-7-89)
SEC. 3.04. EMERGENCY ORDINANCES.
Any ordinances which must be passed and made effective at once in order to meet an emergency in the operation of the city government, or which are necessary for the immediate preservation of the public peace, health, safety, morals or public welfare may be passed, provided the council shall, in a separate section thereof, adopted by an affirmative vote of not less than five members of the council, declare that such an emergency exists giving its reasons therefor. No ordinance granting a franchise or fixing a rate to be charged by a public utility corporation shall be passed as an emergency ordinance.
(Amended 11-7-89)
SEC. 3.05. PUBLICATION OF ORDINANCES.
After final passage, public notice of each new ordinance shall be given in one of the following ways, as determined by the council:
(1) By publication of a summary of the contents of the ordinance, one time, in a newspaper of general circulation in the city, within two weeks after passage;
(2) By publication at length, in a code of revised ordinances which is made available to the public in libraries, in the office of the clerk of council, and in the office of the city manager;
(3) In the case of appropriation ordinances, by reproduction and distribution to the council, to department heads, to city boards and commissions and to such citizens as may apply for copies thereof at the office of the clerk of council, or at the office of the city manager.
(Amended 11-7-89)
SEC. 3.06. EFFECTIVE DATE OF ORDINANCES.
Emergency ordinances, ordinances raising revenue for the city governmental services, or for street improvements petitioned for by sixty per cent of the owners or by the owners of a majority of the feet front of property benefited and to be specially assessed for the cost thereof, and those making appropriations for current operating expenses of the city government, shall take effect upon passage and shall not be subject to referendum. All other ordinances shall take effect thirty days after passage in order to afford an opportunity for the filing of referendum petitions.
(Amended 11-7-89)
SEC. 3.07. INITIATIVE AND REFERENDUM.
Except as otherwise provided in this charter, ordinances may be proposed and submitted to popular vote by initiative and referendum under the procedure set forth in Sections 731.28 to 731.40 of the Ohio Revised Code. Whenever the council is required to pass more than one ordinance or resolution to complete the legislation necessary to complete and pay for any public improvement, the referendum shall apply only to the first ordinance or resolution to be passed and not to any subsequent ordinance or resolution in the series relating thereto.
(Amended 11-7-89)
SEC. 3.08. ADOPTION OF ORDINANCES BY REFERENCE.
The council may adopt model or standard codes prepared and published by public or private agencies on such matters as fire prevention, building construction, electrical wiring, plumbing, heating, ventilating, air conditioning and other similar topics by reference to the date and source of the code without reproducing it at length in the ordinance. However, if the council desires to modify, add to or eliminate from any such code any section or part thereof, such addition, modification or omission shall be clearly stated in the ordinance. In all cases in which such a code shall be adopted by reference, publication of the code, at length, by the city, shall not be required. However, at least six copies of all such codes shall be kept in the office of the clerk of council and the office of the city manager for consultation by interested persons during regular office hours, and additional copies shall always be available for sale, at cost, by the clerk of council and by the office of the city manager.
(Amended 11-7-89)
SEC. 3.09. RESOLUTIONS.
Action by council which is not required by this charter to be taken by ordinance, or which is not of general public application or interest, may be taken by resolution. Such a resolution shall be introduced in writing by a member of the council, and may be adopted by a viva voce vote of a majority of a quorum. No waiting period, notice, hearing or publication shall be required and a resolution shall become effective upon its adoption. However, the clerk of council shall record resolutions in a separate book, which shall be a public record.
(Amended 11-7-89)
ARTICLE IV
CITY MANAGER
SEC. 4.01. APPOINTMENT OF CITY MANAGER.
The council shall appoint, by resolution adopted by a five-sevenths majority vote of all members elected thereto, an officer of the city who shall have the title of city manager.
The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications in the profession of city management, as judged by the adequacy of his technical training and his successful experience in public administration. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside in the city. No council member shall be eligible for appointment as city manager during the term for which he has been elected, or for one year thereafter.
SEC. 4.02. DUTIES OF THE CITY MANAGER.
The city manager shall be the chief executive and administrative officer of the city. He shall be responsible to the council for the proper administration of all affairs of the city and, to that end, subject to the provisions of this charter, he shall have authority and shall be required to:
(1) See that this charter and the ordinances and resolutions of the city are faithfully observed and enforced;
(2) Appoint, and when necessary for the good of the service, remove all officers and employees of the city, not selected or appointed by the council, under the merit system as provided in this charter;
(3) Prepare the tax budget and the annual budget, submit them to the council for approval, and administer the appropriations made by the council;
(4) Prepare and submit to the council and to the public annually, not later than March 31, a complete report on the finances and administrative activities of the city for the preceding year; this report shall be deemed to satisfy the requirements of Section 117.19 of the Ohio Revised Code without separate publication of the financial statement;
(5) Keep the council informed of the current financial condition and future needs of the city;
(6) Serve as an ex-officio member, (without vote) of the Planning Commission;
(7) Appoint such citizen advisory committees as seem to him desirable and discharge them when in his judgment their function has been completely served;
(8) Delegate to subordinate officers and employees of the city any duties conferred upon him by this charter or by action of council, and hold them responsible for their faithful discharge;
(9) Perform such other duties, not inconsistent with this charter, as may be required by the council.
SEC. 4.03. ABSENCE OR DISABILITY OF THE CITY MANAGER.
The city manager may designate, by letter filed with the clerk of council, any qualified administrative officer of the city to perform his duties during his temporary absence or disability. If such a designation has not been made, and the city manager is unable to perform his duties or to make such a designation, the council may, by resolution, appoint any qualified administrative officer of the city to perform the duties of the city manager until he shall return or his disability cease.
SEC. 4.04. REMOVAL OF THE CITY MANAGER.
The city manager shall serve for an indefinite term, subject to removal by the council at any time by a five-sevenths majority vote of all the members elected thereto. At least thirty days before such removal shall become effective, the council shall adopt a preliminary resolution stating the reasons for the removal. The city manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty days nor later than thirty days after the filing of the request, before the full council. After such public hearing, if one is requested, after full consideration, the council may adopt a final resolution of removal. By the preliminary resolution the council may suspend the city manager from duty and designate an acting city manager, but shall cause to be paid to the city manager forthwith any salary due him up to the date of his suspension. Upon removal, unless for misconduct of the city manager involving moral turpitude, he shall be paid his salary for the period of suspension from duty and for the next one month following the removal. In case of the voluntary resignation of the city manager, the council and the city manager shall agree upon the effective date of the resignation.
SEC. 4.05. COUNCIL: RELATION TO CITY MANAGER.
Except for the purpose of inquiry or investigation, the members of the council shall deal with the administrative employees of the city solely through the city manager. No member of council shall take the initiative in the appointment or removal of officers or employees subordinate to the city manager. Neither the council nor any member or committee thereof shall give any orders to a subordinate of the city manager either publicly or privately. Any council member who violates any of the provisions of this section or votes for any ordinance or resolution in violation thereof shall be guilty of malfeasance in office and upon conviction thereof he shall cease to be a council member and shall be ineligible to hold further office or employment in the city government for a period of two years.
ARTICLE V
ADMINISTRATIVE DEPARTMENTS
SEC. 5.01. CREATION OF DEPARTMENTS.
The administrative activities of the city shall be carried on by a Department of Finance, a Department of Law, a Department of Safety, and a Department of Service. Other departments may be created by ordinance, after consultation with the city manager.
SEC. 5.02. DEPARTMENT HEADS.
At the head of each department there shall be a full time or part time director appointed by the city manager with the approval of the council. Each director shall be an administrative officer of the city. He shall have supervision and control of the department he heads subject to the direction of the city manager. Two or more departments may be headed by the same person and the city manager may serve as the director of one or more departments in addition to his duties as city manager, if the council approves.
SEC. 5.03. DEPARTMENTAL DIVISIONS.
The work of each department shall be distributed among such divisions thereof as may be established by the administrative code. Pending the adoption of such a code by the council, the city manager may establish temporary divisions by administrative order.
SEC. 5.04. ADMINISTRATIVE CODE.
Subject to the provisions of this charter, and after consultation with the city manager, the council shall adopt an administrative code which shall provide in detail the organization of the municipal government, define the powers and duties of each organization unit, and determine the administrative procedures to be followed. The council may delegate to the city manager and he to the heads of departments, power to make rules and regulations to govern management practices, consistent with the administrative code. Amendments to and revisions of the administrative code shall be made by the council only after consultation with the city manager. Where the administrative code is silent, the officers and employees of the city shall have and may exercise all powers and duties provided for similar officers and employees by the state law. However, provisions of the administrative code shall supersede those of the state law in case of conflict.
SEC. 5.05. CENTRAL PURCHASING.
The council shall establish a purchasing agency either as a separate office or as a division of one of the departments created by this charter, whose duty it shall be to contract for, purchase, store, and distribute all supplies, printing, materials, equipment and contractual services required by any agency of the city, within the appropriations made by council. The council may designate the city manager as purchasing agent, but in any case the city manager shall be responsible for supervising the purchasing function.
SEC. 5.06. COMPETITIVE BIDDING.
Purchase of all supplies, materials and equipment for the city shall be made pursuant to specifications through open competitive bidding under such rules, consistent with this charter as the council may establish by ordinance. Formal advertising, bidding and public opening and tabulation of bids shall be governed by the general law of the State of Ohio and as the same may, from time to time, be amended. In cases of public disaster, declared by resolution approved by a unanimous vote of the council present, a quorum being present, purchases may be made in the open market without competition.
(Amended 11-6-84.)
SEC. 5.07. OVER-EXPENDITURES.
No officer, department or agency of the city shall expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money on behalf of the city for any purpose in excess of the amounts appropriated for such expenditures and obligations. The officer or employee who knowingly attempts or purports to create such an obligation shall be guilty of malfeasance in office and upon conviction thereof shall be removed from office. However, nothing in this section shall prevent the making of contracts not to be fully performed within the fiscal year when specifically authorized by the council.
SEC. 5.08. PERSONAL INTEREST.
No member of the council or employee of the City of Huron shall knowingly have any conflict of interest in violation of the Ohio Revised Code and as the same may, from time to time, be amended.
(Amended 11-6-84)
SEC. 5.09. ILLEGAL CONTRACTS VOIDABLE.
Whenever any contract is found to be illegal, for the reasons stated in Sections 5.07 or 5.08 and the city has received the goods or property involved, the council may, by resolution, order the return of the goods or property or retain them, paying for them not at the contract price, but at their fair value, provided such value is not in excess of the contract price. If payment has already been made, the city shall be entitled to recover the excess, if any, over the fair value.
SEC. 5.10. QUALIFICATIONS OF DIRECTOR OF LAW.
The director of the department of law shall be an attorney-at-law, admitted to practice before the Supreme Court of Ohio, and in good professional standing. He shall perform such duties as may be assigned to the office of city solicitor by law, as well as those imposed by the administrative code.
SEC. 5.11. DEPARTMENT OF FINANCE.
The department of finance shall perform those functions customarily performed by the auditor and the treasurer under the state law. The Director of Finance shall be the fiscal officer of the city and shall be responsible for accounting, collection and custody of public funds, and control over disbursements and shall perform such other functions as may be assigned by ordinance or by order of the city manager.
ARTICLE VI
FINANCE
SEC. 6.01. FISCAL YEAR.
The fiscal, budget, and accounting year of the city government shall be the calendar year.
SEC. 6.02. ANNUAL TAX BUDGET.
On or before the first day of June in each year the city manager shall submit to the council a tax budget for the ensuing fiscal year. For that purpose, at such date as he shall determine, he shall obtain from the head of each department or agency of the city, plans for the work to be undertaken by such agency during the next fiscal year, together with estimates of the cost of performing such work. The department of finance shall supply him with estimates of probable revenue. From these data the city manager may revise the estimates and prepare his recommendations for the tax budget for the ensuing fiscal year.
SEC. 6.03. HEARING ON TAX BUDGET.
A copy of the tax budget, as recommended by the city manager, shall be transmitted to the council and at least two copies shall be placed on file in the office of the director of finance on or before June 1 for public inspection. Notice that they are available for that purpose shall be given by publication once in a newspaper of general circulation in the city not later than June 5 of each year. Such notice shall also specify the date of the first hearing. The council shall hold a public hearing on the tax budget at the time and place specified in the notice and may continue such hearing as necessary. When the hearing is concluded, the council shall consider the tax budget, adopt it, with or without amendments, and transmit it to the County Budget Commission on or before July 15 in the form required by law.
SEC. 6.04. TAX LEVIES.
Upon receipt of the advice of action by the County Budget Commission and the certificate of the County Auditor as to estimated resources, the Council shall, on or before the first day of October, pass and certify to the County Auditor an ordinance levying the necessary taxes to be placed on the tax duplicate. In accordance with the provisions of Article XII, Section 2, of the Ohio Constitution, and Section 5705.02, Revised Code of Ohio, the Council shall have the power, by ordinance, to levy taxes on property, for municipal purposes, in an amount allowed by the County Budget Commission within the ten-mill limitation.
(Amended 11-3-70.)
SEC. 6.05. MUNICIPAL BUDGET.
The city manager shall prepare and submit to the council, on or before December 1 of each year, a budget so revised that the total contemplated work program and recommended appropriations from each fund during the ensuing fiscal year shall not exceed the total estimated resources certified by the County Budget Commission and County Auditor. This municipal budget shall serve as the basis for the annual appropriation ordinance.
SEC. 6.06. ANNUAL APPROPRIATION ORDINANCE.
At the meeting of the council at which the municipal budget is submitted, the council shall, by resolution, fix the date and place for a public hearing thereon. A notice of this hearing shall be given by publication once in a newspaper of general circulation in the city at least seven (7) days before the date fixed. The notice shall also state that the budget is on file for public inspection in the office of the clerk of council and in the office of the city manager during the usual office hours. At the time and place advertised, the council shall hold a public hearing on the budget as submitted and may continue such hearing from day to day as may be necessary. After the hearing the council shall adopt the budget as submitted, or as amended, as the appropriation ordinance of the city for the ensuing fiscal year. Such ordinance shall be finally adopted not later than December 31.
SEC. 6.07. EFFECT OF APPROPRIATION ORDINANCE.
Upon adoption the appropriation ordinance shall become effective as of the first day of January and shall constitute an appropriation of the several items therein contained, and approval of the work projects supported thereby without further legislation. The appropriation ordinance shall be reproduced and a copy thereof, certified as correct by the city manager and by the president and clerk of council, shall be filed with the director of finance. Official copies shall be transmitted to each organization unit of the city government, and to the libraries, newspapers, and television and radio stations serving the city, and filed with such county, state and federal offices as may be required by law or agreement.
SEC. 6.08. AVAILABILITY OF FUNDS.
Appropriations for debt service and other fixed charges shall become available for expenditure upon the filing of the certified copy of the appropriation ordinance with the director of finance. Appropriations for capital outlays shall become available in two stages:
(1) not more than ten per cent of each such item shall be available to pay for preparation of detailed plans and specifications upon the filing of the certified copy of the appropriation ordinance with the director of finance;
(2) the remaining ninety per cent of the appropriation for each such item shall become available for encumbrance on approval of the plans and specifications by the council, after report thereon by the city manager.
SEC. 6.09. ALLOTMENTS.
Appropriations for current operation of the organization units of the city government shall become available for encumbrance only when allotted by the city manager, based on currently valid work plans for each agency made in conformity with the appropriation ordinance and submitted to the city manager by the agency head at least five days before the end of each calendar quarter for the succeeding calendar quarter. The allotments made by the city manager shall be filed with the director of finance on or before the first day of the quarter to which they relate and shall authorize the director of finance to accept, from the organization units involved, purchase orders, contracts and payrolls for encumbrance, and payment to an aggregate amount not exceeding the quarterly allotment for each item. The total annual allotment to any agency may not exceed the total amount appropriated for the use of such agency during the fiscal year. Any unallotted balance of any appropriation item and any unencumbered balance of any allotment at the end of the fiscal year shall be lapsed into the municipal treasury.
SEC. 6.10. REVISING OF ALLOTMENTS AND APPROPRIATIONS.
Upon showing of necessity by the organization unit, or on his own motion, the city manager may increase, reduce, or revise allotments during the course of any fiscal quarter, advising the director of finance of such action. If at any time during the fiscal year the city manager shall determine that the available income for the year plus available fund balances will not be at least equal to the appropriations, he shall reconsider all work programs and appropriations and recommend to the council that they be revised to prevent expenditures in excess of income. The council may, after public hearing held pursuant to a single publication of a notice thereof, revise and reduce the appropriation items to bring the total within probable income. If revenues exceed estimates, the appropriation ordinance may be revised by the council to include additional work programs whose cost will not exceed available funds.
SEC. 6.11. TRANSFERS.
The council, on recommendation of the city manager, may at any time by resolution, transfer any unencumbered balance of an appropriation from one item or project to another under the jurisdiction of the same organization unit. During the fourth quarter of the fiscal year, the council may, by resolution, transfer any unencumbered balance of an appropriation from a project under the jurisdiction of one organization unit to one under the jurisdiction of another organization unit supported from the same fund. Transfers shall not be made from appropriations for debt service or other fixed items until all obligations due and payable during the fiscal year have been paid. The council may at any time amend or revise the appropriation ordinance, provided the ordinance as amended does not authorize the expenditure of more revenue than is estimated will be available.
SEC. 6.12. ACCOUNTING.
The director of finance shall establish and maintain an accrual system of accounting which shall reveal at all times not only the cash position of the city, by funds, but also the revenue and income anticipated and the encumbrances and obligations outstanding and unpaid. No city official or employee shall have authority to create an obligation against the city by oral agreement. Purchases shall be made by written purchase order signed by the purchasing agent, agreements for construction work shall be made by written contract, and agreements for personal services by written contract or appointment signed by the city manager or an administrative official of the city designated by him. No purchase order or contract shall be valid as an obligation of the city unless it bears a certificate signed by the director of finance that the estimated amount thereof has been entered as an encumbrance in the city accounts against an allotment based on a valid appropriation.
ARTICLE VII
BOARDS AND COMMISSIONS
SEC. 7.01. PLANNING COMMISSION.
There shall be a city planning commission consisting of five members, four of whom shall be citizens who hold no other city office or employment, selected by the council one each year for overlapping terms of four years, and one of whom shall be a member of the council, designated annually by the council. The commission shall adopt its own rules, and elect its own officers annually. It shall have all the power and authority conferred upon city planning commissions by state law and such other duties as may be imposed upon it by the administrative code. Its members shall serve without compensation.
SEC. 7.02. BOARD OF BUILDING AND ZONING APPEALS.
There shall be a board of building and zoning appeals consisting of five members who shall be citizens who hold no other city office or employment, selected by the council one each year for overlapping terms of five years. The board shall adopt its own rules and elect its own officers annually. It shall have all the power and authority conferred upon boards of zoning appeals by state law and such other duties as may be imposed upon it by ordinance. Its members shall serve without compensation.
SEC. 7.03. BOARDS OF TRUSTEES, POLICE AND FIRE RELIEF AND PENSION FUNDS.
The presently existing boards of trustees of the police and fire relief and pension funds, appointed under the provisions of state law, are hereby continued with the same organization, powers and functions they now possess under the provisions of the state law.
ARTICLE VII
PERSONNEL
SEC. 8.01. MERIT SYSTEM ESTABLISHED.
Appointments and promotions in the administrative service of the city shall be made according to merit, to be ascertained, so far as practicable, by open competitive examinations.
SEC. 8.02. EXEMPT POSITIONS.
All positions in the service of the city shall be filled pursuant to open competitive examinations except:
(1) Members of the council
(2) The clerk of council
(3) The city manager
(4) The directors of departments
(5) Members of boards and commissions appointed by the council, and advisory committees appointed by the city manager.
(6) Temporary employees of exceptional, professional, or scientific qualifications engaged as consultants.
SEC. 8.03. PERSONNEL OFFICER.
The city manager shall appoint a suitably qualified person to serve part or full time as personnel officer. He shall:
(1) Conduct recruitment of qualified persons;
(2) Prepare, schedule and hold examinations;
(3) Create eligible lists from results of examinations;
(4) Certify eligibles to appointing officers;
(5) Classify positions and establish job specifications;
(6) Certify payrolls;
(7) Prepare and recommend to the city manager for approval and publication, necessary rules to establish and maintain the merit system in the city;
(8) Develop and conduct training programs;
(9) Perform such other duties relating to personnel as the city manager may direct.
SEC. 8.04. PERSONNEL APPEALS BOARD.
There shall be a personnel appeals board consisting of three members who shall be selected by the council, one each year for an overlapping term of three years. Each member of the personnel appeals board shall be a qualified elector, known to be in sympathy with the merit principle as applied to the civil service, shall neither hold nor be a candidate for any public office or employment and shall not be a member of any local, state or national committee of a political party or an officer in any partisan political club or organization. Its members shall serve without compensation.
SEC. 8.05. DUTIES OF PERSONNEL APPEALS BOARD.
The personnel appeals board shall hear appeals when any officer or employee of the city in the non-exempt service feels aggrieved by any action of the personnel director or the city manager or of any department head, or is suspended, reduced, or removed, and requests such hearing. The board shall make its own rules, choose its own officers, and have authority to subpoena witnesses and to require the production of records.
SEC. 8.06. CANDIDACY FOR PARTISAN OFFICE.
No officer or employee in the non-exempt service of the city shall continue therein after becoming a candidate for nomination or election to any partisan public office.
SEC. 8.07. PARTISAN POLITICAL ACTIVITY.
No person holding a position in the non-exempt service of the city shall take any part in the management, affairs or campaign of any political party further than in the exercise of his rights as a citizen to express his opinion and cast his vote.
SEC. 8.08. PENALTIES.
Any person who violates the provisions of Section 8.06 or 8.07 of this charter shall be guilty of a misdemeanor and shall, if an officer or employee of the city, be guilty of malfeasance in office and upon conviction shall be removed from the office or position he holds and shall be ineligible for election or appointment to any position in the city service for a period of five years.
SEC. 8.09. PROMOTIONAL EXAMINATIONS.
Whenever a vacancy occurs in any position in the service of the city, which is not exempted under the provisions of Section 8.02 of this charter it shall be filled in the manner provided in the personnel ordinance. Promotional examinations may be restricted to present employees, or if recommended by the city manager, they may be opened to qualified candidates from outside the city service, by resolution of the council. The names of the three eligibles standing highest on the promotional eligible list shall be certified to the appointing authority and he shall appoint one of the three so certified, as may be provided by ordinance.
ARTICLE IX
BORROWING
SEC. 9.01. POWER TO INCUR INDEBTEDNESS.
The city may incur indebtedness upon authorization of the council, by ordinance, by the issuance of its negotiable bonds and notes in anticipation of bonds for any purpose now or hereafter authorized by the Constitution and laws of the State of Ohio, but the net indebtedness incurred without a vote of the electors shall never exceed the limitations now or hereafter prescribed by such laws upon indebtedness so incurred by municipal corporations. As used in this section, the term "net indebtedness" shall have the same meaning as 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 notes and bonds.
(Adopted 5-8-62.)
SEC. 9.02. MORTGAGE REVENUE BONDS.
The council may, by ordinance, authorize the issuance of mortgage revenue bonds in accordance with the Constitution of the State of Ohio.
(Adopted 5-8-62.)
SEC. 9.03. SPECIAL ASSESSMENT BONDS.
The council may, by ordinance, determine to proceed with a public improvement, all or part of the cost of which is to be assessed against real property specially benefited thereby. The council may establish by ordinance, the procedure to be followed in making such assessments and may in any case determine the proportion of the cost of such improvement which shall be paid from general revenues and that which shall be assessed. It may also fix the manner and duration of the payment of special assessments.
SEC. 9.04. TAX ANTICIPATION NOTES.
The council may, by ordinance, issue notes in anticipation of the collection of taxes on whatever conditions may seem reasonable. Such notes shall be paid from the tax receipts of the year in which they are issued.
SEC. 9.05. EMERGENCY BORROWING.
The council may, by ordinance, borrow money and issue notes in case of public emergency as authorized by Section 133.29 of the Ohio Revised Code.
SEC. 9.06. PROCEDURES IN BOND ISSUES.
The procedure followed in authorizing and issuing bonds and notes and applying the proceeds shall be in accordance with the provisions of the Uniform Bond Law of the State of Ohio in effect at the time.
ARTICLE X
NOMINATIONS AND ELECTIONS
SEC. 10.01. MUNICIPAL ELECTIONS.
The regular election for the choice of members of the council shall be held on the first Tuesday after the first Monday in November in the odd numbered years. This shall be known as the municipal election. The council may, by resolution, order a special election at any time, the purpose of which shall be set forth in the resolution.
SEC. 10.02. CONDUCT OF ELECTIONS.
Both regular and special municipal elections shall be conducted by the Board of Elections of Erie County, Ohio, under the provisions of this charter. Where the charter is silent, the provisions of the state election law shall be followed.
SEC. 10.03. NOMINATIONS.
No primary election shall be held for the nomination of candidates for the council. Nominations for the office of council member shall be made by petition signed by not less than fifty (50) nor more than one hundred (100) electors of the city. Petitions shall be the standard forms for the nomination of individual non-partisan candidates for such office. Group petitions shall not be used. Petitions shall be filed with the Board of Elections at least ninety days before the day of election. An elector may sign only as many petitions as there are council members to be elected at the municipal election for which the nominations are made.
SEC. 10.04. ACCEPTANCE AND VERIFICATION
The signature of the candidate indicating his acceptance of the nomination and his willingness to serve if elected shall appear on each copy of his petition. The petitions may be in a number of parts, but each part shall be verified under oath by the circulator, as required by law.
(Amended 11-6-84.)
SEC. 10.05. BALLOTS
The full names of all candidates nominated shall be printed on the official ballot without party designation. If two candidates with the same surname, or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed below their names on the ballot. The names of all candidates shall be rotated on the ballot as provided by law. If voting machines are used, the names shall be rotated by precincts, as provided by law.
SEC. 10.06. WRITE-INS
Only in the event that fewer candidates are nominated by petition than there are council members to be elected at the ensuing election, shall space be provided on the ballot for the writing in at the election of the names of additional persons.
SEC. 10.07. WATCHERS AND CHALLENGERS.
At each municipal election, each regularly nominated candidate shall be entitled, on written application to the Board of Elections, at least ten days before the election, to appoint one alternate to represent him as a watcher and challenger at each polling place during the casting and counting of ballots, and one person and one alternate to represent him as watcher and challenger during the canvass of votes at the Board of Elections.
SEC. 10.08. PLURALITY, TIE VOTES.
A plurality of valid votes cast shall be sufficient to elect. In case of a tie vote, the election shall be decided in the manner provided by law.
SEC. 10.09. PUBLIC INFORMATION ON ISSUES
The council shall have power to appropriate and expend public funds to pay the cost of providing information to the public in connection with elections on tax levies, bond issues and other public questions.
ARTICLE XI
RECALL
SEC. 11.01. RECALL.
The voters of the City shall have power to recall and remove from office any member of the council before the expiration of his term, such power being known as the recall. A recall may be started by filing with the Clerk of Council a petition signed by a number of electors which equals twenty-five (25) per cent of the total number of electors voting at the last preceding municipal election. This petition shall contain the name of the person whose removal is sought and a statement in not more than two hundred words of the grounds for the removal. The councilman whose removal is being sought shall be given an opportunity to reply with a statement of equal length. These statements shall be given to newspapers, radio and television stations. The clerk, if he finds the petition sufficient, shall certify to the Board of Elections, to be placed on the ballot the question: "Shall John Doe (naming the councilman) be recalled from office as councilman in the City of Huron? Yes ( ), No ( )." If, at the election a majority of the votes cast on the question shall be in favor of recall, the council member shall forthwith retire from office, and the council shall fill the vacancy thus created in the manner provided in this charter. No recall shall be filed against a council member during his first six months in office. If a council member against whom a petition is filed is continued in office by the vote at the election no further recall petitions may be filed against him for a period of one year.
SEC. 11.02. FORM OF PETITIONS: COMMITTEE.
All petition papers circulated for the purpose of recall shall be uniform in size and style. The signatures to petitions need not all be appended to one paper but to each separate part there shall be attached an affidavit of the circulator as provided herein. Each signer shall sign his name in ink or indelible pencil and shall insert after his name his place of residence and the date of signing. There shall appear on each copy of the petition the names and addresses of the same five voters who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. This committee shall file a sample copy of the petition with the clerk of council before any signatures are solicited or obtained. Attached to each part of the petition, when signed and filed with the clerk shall be an affidavit of the circulator thereof that he only personally circulated the foregoing paper, that it bears a stated number of signatures, that each signature was affixed in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be.
SEC. 11.03. FILING AND EXAMINATION OF PETITIONS.
All separate papers comprising a recall petition shall be assembled and filed with the clerk of council as a single instrument. Within twenty days thereafter the clerk shall examine the petitions and determine their validity and sufficiency and report thereon to the council.
SEC. 11.04. AMENDMENT OF PETITIONS.
In case any petition is found to be insufficient the clerk shall notify the committee of the petitioners and the petition may be amended within ten days after the date of the notice. The clerk shall within five days after such an amendment has been filed re-examine the petition, and if it is still insufficient, the petition shall be rejected and no further action taken thereon.
SEC. 11.05. SUBMISSION TO VOTERS.
Whenever the clerk finds a petition for recall sufficient, he shall certify the question involved to the Board of Elections for submission at the first regular election occurring not less than ninety days thereafter, or at a special election called by council.
ARTICLE XII
GENERAL PROVISIONS
SEC. 12.01. OATH OF OFFICE.
Every officer and employee of the city shall before entering upon his duties, take and subscribe to the following oath or affirmation to be filed and kept in the office of the clerk of council:
"I solemnly swear (or affirm) that I will support the constitution of the United States and of the state of Ohio and will obey the laws thereof, and that I will, in all respects, uphold and enforce the provisions of the charter and ordinances of this city and will faithfully discharge the duties of _____________________ upon which I am about to enter."
SEC. 12.02. OFFICIAL BONDS.
All officers and employees of the city whose duties require that they handle or be concerned with the management of its money or other property, shall furnish to the clerk of council, before entering upon their duties, a corporate surety bond, issued by a company authorized to do business in Ohio, to protect the city against loss due to their acts or omissions. The amount of such bond shall, in each case, be fixed by the council. The premium on such bonds shall be paid from the funds of the city.
SEC. 12.03. FEES.
All fees received by any officer or employee of the city in connection with his employment with the city shall be accounted for and paid into the city treasury, except as otherwise provided by law.
SEC. 12.04. REMOVAL FROM OFFICE.
Whenever in this charter certain acts on the part of city officials or employees are described as constituting malfeasance in office, the procedure for complaint, trial and judgment thereon shall be that prescribed in Sections 733.72 to 733.77 of the Ohio Revised Code.
SEC. 12.05. ENFORCEMENT OF SUBPOENAS.
Whenever in this charter the council or any other agency of the city government is given authority to issue subpoenas or to require attendance of witnesses or the production of books, ballots, papers and records, the same shall be issued and enforced in the manner provided in Section 705.21 of the Ohio Revised Code.
SEC. 12.06. AMENDMENTS TO THE CHARTER.
Any provision of this charter may be amended as provided in Article XVIII, Section 9 of the Ohio Constitution, by submission of a proposed amendment to the voters of the city and approval by a majority of those voting on the question of its adoption. Such amendment may be initiated either by a five-sevenths vote of the council, or by petition to the council signed by ten per cent of the electors.
SEC. 12.07. SEVERABILITY CLAUSE.
If any section or part of section of this charter shall be held invalid by any court of competent jurisdiction, such holding shall not affect the remainder of this charter, which would have been adopted without the invalid portion if its invalidity had been known at the time of its adoption.
SEC. 12.08. PUBLICATION.
Whenever publication of an ordinance, resolution, notice or other official document is required by the provisions of this charter or by any ordinance passed thereunder, it shall be sufficient compliance with such requirement if the publication is made in a daily or weekly newspaper which has an actual circulation in the city. As an alternative, the city may publish and distribute an official city bulletin to the residences in the city, containing such official notices and general reports concerning city affairs. Such official bulletin may be reproduced by letterpress, offset or any other suitable method and the cost of its reproduction and distribution shall be paid from public funds. Whenever the council so determines, official notice may also be given by radio or television news services.
SEC. 12.09. GENDER; SINGULAR AND PLURAL; TENSE.
Wherever used in this charter, words of one gender include the other genders; the singular includes the plural and the plural includes the singular; words in the present tense include the future.
(Adopted 11-6-84.)
ARTICLE XIII
TRANSITIONAL PROVISIONS
SEC. 13.01. FISCAL SUCCESSION.
The City of Huron, under this charter, is hereby declared to be the only legal successor to the Village of Huron under the Ohio Revised Code, and as such the city has title to all property, real, personal and mixed, owned by its predecessor, including all monies on deposit and all taxes in the process of collection together with all accounts receivable and all rights of action. The city is also liable for all outstanding orders, contracts and debts of its predecessor, and for any other obligations for which it may be held liable as such successor, in any court of competent jurisdiction.
SEC. 13.02. CONTINUATION OF ORDINANCES
All ordinances of the Village of Huron, in effect at the time this charter becomes effective, shall remain in effect, except as superseded by the provisions of this charter, until they are amended or repealed.
SEC. 13.03. CONTINUATION OF OFFICERS.
All persons holding office in this city at the time this charter takes effect shall continue in office, (except as specifically provided otherwise in this charter) until provision shall have been made, in conformity with this charter, for the performance of their duties by a successor, or the office is abolished.
SEC. 13.04. CONTINUATION OF EMPLOYEES.
Every employee of the city when this charter takes effect shall be retained in his employment with the same status, rights and privileges as before, without examination.
SEC. 13.05. TRANSFER OF RECORDS AND PROPERTY.
All public records and property in the custody of officers and employees of the city at the time this charter becomes effective shall be transferred and delivered promptly to their successors.
SEC. 13.06. CONTINUATION OF CONTRACTS AND IMPROVEMENTS.
All contracts entered into by the city or for its behalf, prior to the taking effect of this charter shall remain in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this charter takes effect, shall be completed, as nearly as practicable, under the provisions of such laws.
SEC. 13.07. PENDING ACTIONS AND PROCEEDINGS.
No action or proceeding, civil or criminal, pending in any court at the time this charter takes effect, brought by or against the city or any office, agency or officer thereof, shall be abated or affected by anything herein contained, but all such actions shall be prosecuted or defended under the laws in effect when they were filed.
SEC. 13.08. WHEN CHARTER TAKES EFFECT.
This charter shall be voted upon at a special election to be held on June 7, 1960. If approved by the voters, this charter shall go into effect on January 1, 1961 for the purpose of electing the first council thereunder. For all other purposes it shall take effect on July 1, 1961.
SEC. 13.09. TERMS OF COUNCIL.
The members of the council in office when this charter becomes effective shall continue in office until noon on July 1, 1961 and until their successors are elected and have qualified. At the first election under this charter, which shall be held on May 2, 1961, seven council members shall be elected. The four candidates who receive the largest number of votes shall serve for terms expiring on November 30, 1965 and the three candidates receiving the next highest number of votes shall serve for terms expiring on November 30, 1963. Thereafter, successors shall be chosen at the regular municipal election for full terms of four years.
SEC. 13.10. TRANSFER OF FINANCE FUNCTIONS.
The financial functions performed by the village clerk and village treasurer under the village law shall be transferred under this charter to the department of finance on July 1, 1961 and the offices of village clerk and village treasurer shall be abolished as independent offices as of that date.
SEC. 13.11. BOARDS OF ZONING APPEALS AND BUILDING APPEALS.
The Board of Zoning Appeals and the Board of Building Appeals now existing under ordinances passed by the council shall be abolished, effective July 1, 1961. Their functions shall thereafter be discharged by the Board of Building and Zoning Appeals created by Sec. 7.02 of this charter.
CODIFIED ORDINANCES OF HURON
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
Chap. 101. Codified Ordinances.
Chap. 103. Official Standards.
TITLE THREE - Legislative
Chap. 121. Council.
Chap. 123. Ordinances and Resolutions.
TITLE FIVE - Administrative
Chap. 131. City Manager.
Chap. 133. Mayor.
Chap. 135. Department of Finance.
Chap. 137. Division of Income Taxation.
Chap. 139. Department of Law.
Chap. 141. Department of Safety.
Chap. 143. Fire Division.
Chap. 145. Police Division.
Chap. 147. Department of Service.
Chap. 149. Division of Streets and Parks.
Chap. 151. Division of Utilities.
Chap. 153. Department of Building and Housing Inspection.
Chap. 155. Department of Community Development.
Chap. 157. Department of Administrative Services.
Chap. 159. Division of Purchasing.
Chap. 161. Division of Personnel.
Chap. 163. Employment Provisions.
Chap. 165. Division of Recreation.
Chap. 167. Board of Park Trustees.
Chap. 169. Health Services.
Chap. 171. Shade Tree Commission.
Chap. 173. Disposition of City Property.
Chap. 175. Economic Development Committee.
TITLE SEVEN - Judicial
Chap. 181. Municipal Court.
TITLE NINE - Taxation
Chap. 185. Income Tax.
Chap. 187. Motor Vehicle License Tax.
TITLE ELEVEN - Urban Renewal
Chap. 191. Standards and Procedures.
CODIFIED ORDINANCES OF HURON
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
Chap. 101. Codified Ordinances.
Chap. 103. Official Standards.
CHAPTER 101
Codified Ordinances
101.01 Designation; citation; headings.
101.02 General definitions.
101.03 Rules of construction.
101.04 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
Statute of limitations on prosecutions - see Ohio R.C. 718.06; GEN. OFF. 501.06
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
Citation issuance for minor misdemeanors - see Ohio R.C. 2935.26 et seq.
Ordinances and resolutions - see ADM. Ch. 123
Rules of construction for offenses and penalties - see GEN. OFF. 501.04
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 Huron, Ohio, 1980 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 Erie 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 Huron, 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))
(l) "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.
(o) "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.
(p) "Registered mail" includes certified mail and "certified mail" includes registered mail.
(ORC 1.02(G))
(q) "Rule" includes regulation.
(ORC 1.59(F))
(r) "Sidewalk" means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
(s) "This State" or "the State" means the State of Ohio.
(ORC 1.59(G))
(t) "Street" includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the Municipality.
(u) "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.
(v) "Whoever" includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
(ORC 1.02(A))
(w) "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)
(3) 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)
(4) 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)
(5) 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 thereunder;
(3) Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal;
(4) 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.
(2) 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 is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
CHAPTER 103
Official Standards
103.01 Corporate Seal.
CROSS REFERENCES
State standard of time - see Ohio R.C. 1.04
State flag - see Ohio R.C. 5.01
State legal holidays - see Ohio R.C. 1.14, 5. 20 et seq.
City legal holidays - see ADM. 163.04
103.01 CORPORATE SEAL.
(a) There is hereby adopted an official Corporate Seal of the City, which Seal shall be used by all of the officials of the City, and shall be affixed to all documents where a seal is required to be affixed by the statutes of the State, or the Charter, ordinances and resolutions of the City, or is otherwise contemplated to be affixed by any official.
(b) The official Corporate Seal of the City shall have engraved thereon the coat of arms of the State, as described in Ohio R.C. Section 5.04, shall be one and three-fourths inches in diameter and shall be surrounded by the words "The Seal of the City of Huron, Ohio".
(Ord. 1964-6. Passed 2-10-64.)
TITLE THREE - Legislative
Chap. 121. Council.
Chap. 123. Ordinances and Resolutions.
CHAPTER 121
Council
121.01 Rules of Council.
121.02 Filling vacancies of Vice Mayor and Clerk of Council.
CROSS REFERENCES
Membership; term; vacancies - see CHTR. §2.01, 2.04, 2.05
Qualifications - see CHTR. §2.02
Salary - see CHTR. §2.06
Rules; journal - see CHTR. §2.07
Powers - see CHTR. §2.08
Meetings - see CHTR. §2.09
Clerk of Council - see CHTR. §2.12
City Manager performing duties of Council Clerk - see ADM. 131.02
Urban renewal action - see ADM. 191.08
121.01 RULES OF COUNCIL.
I. MEETINGS. The regular meetings of Council shall be held in the Council Chambers of the Municipal Building at 7:30 p. m. on the second and fourth Mondays of each and every calendar month. Special meetings of Council may be called by the Mayor or by any three members of Council by having the Clerk serve written notice of the call of such meeting upon each member of Council and upon the Mayor, in person or by delivering a copy thereof to the usual place of residence of such persons not less than twelve hours prior to the holding of such meeting. Such notice shall specify the time and place for the holding of such meeting.
Regular work sessions open to the public, shall be held in the Council Chambers of the Municipal Building at 7:30 p. m. on the first and third Mondays of each month, unless a special Council meeting has been called for such day and time, as hereinabove provided, in which event the work session shall be convened immediately following the adjournment of the special meeting.
The Clerk of Council shall, as soon as possible, and on or before January 1 annually thereafter, cause to be published in a newspaper of general circulation in Huron, Ohio, a calendar of the regularly scheduled regular meetings of Council, and the regularly scheduled work sessions of Council to be held as hereinabove provided during the succeeding twelve months.
The Clerk of Council shall maintain a current list of the names of the news media who have requested, in writing, notification of special meetings of the Council, and in the event of the scheduling of such a special meeting, the Clerk of Council shall, no later than twenty-four hours prior to the commencement of such special meeting, advise the news media who have requested notification, stating the time, place and stated purpose of the special meeting. Where practical, such notification, shall be made in writing by first class mail addressed to such news media at the addresses provided by them to the Clerk of Council. In emergency situations where twenty-four hour notice is not possible, the Clerk of Council shall cause to be made oral notification to such news media representatives by telephone and shall record the fact of such notice in a statement to be attached to the minutes of the meeting.
Upon payment of an annual fee in the amount of ten dollars ($10.00) on or before January 1 of any year, any person may receive notice of all meetings of the Huron, Ohio City Council.
II. HOLIDAY MEETINGS. When any regular Council meeting or any regular work session falls due on a legal holiday, or an election day, Council shall meet in regular session or regular work session on the day following, at the place and time set forth in paragraph I above.
III. JOURNAL. The Clerk of Council shall keep a written journal of the proceedings of all regular and special Council meetings, which journal shall be promptly recorded and open to public inspection. The journal shall only reflect the general subject matter of discussions held in executive sessions.
(Ord. 1975-64. Passed 11-24-75.)
IV. OPEN PROCEEDING. The Mayor shall take the chair at the time appointed for Council to meet, and shall immediately call the members to order; he shall then cause the journal of the preceding session to be read and disposed of, unless otherwise ordered by Council. In the absence of the Mayor, the Vice Mayor of Council shall perform such duties as are imposed upon the Mayor. In the absence of both the Mayor and Vice Mayor of Council, Council may appoint a temporary chairman or President of Council.
V. PRESIDING OFFICERS. The Mayor shall preserve order and decorum, and confine members in debate to the question. He may in common with any other member call any member to order who shall violate any of the rules, and shall, when in the chair, decide all questions of order, subject to any appeal to Council on the demand of two members. On such appeal there shall be no debate, but the member making the appeal may briefly state his reasons for the same, and the presiding officer shall have the same right to a similar statement. The Director of Law shall function as Parliamentarian when requested by the presiding officer.
VI. STANDING COMMITTEES. Standing committees shall be created by motion of any Council member approved by a majority of the members of Council.
The Mayor shall appoint two members to each standing committee immediately following the approval of the motion creating such committee.
The Mayor may at any time remove any member or members of any standing committee and appoint a new member or members of such committee to serve in place of such member or members so removed.
(Ord. 1962-20. Passed 7-23-62.)
VII. ORDER OF BUSINESS. The business of the regular meetings of Council shall be transacted in the following order:
1. Roll call;
2. Reading or disposal of the minutes;
3 . Old business;
4. New business;
5. City Manager's discussion and reports;
6. Mayor's discussion;
7. Adjournment.
The presiding officer of Council may at any time permit a member to introduce an ordinance, motion or resolution out of the regular order for the same, unless the same be objected to by a majority of the members present.
(Ord. 1976-28. Passed 9-27-76.)
VIII. VOTING. Every member present shall vote on any question on the call of the yeas and nays, unless excused by the unanimous consent of Council, and any member not being excused who refuses to vote on any question when the yeas and nays are being taken, shall be deemed guilty of contempt of Council, and may for such contempt be censured by a majority vote of Council.
IX. REPORTS OF COMMITTEE. The report of any committee of Council or Municipal officer, upon matters referred by Council, shall be made in writing and shall be accompanied by the original papers upon which such report is based, unless otherwise ordered by Council.
If any matters referred by Council to any committee or officer, are not reported upon within two weeks from the time of such reference, such matter shall be brought to the attention of Council by the Clerk, and Council shall take such further action in the premises as it may deem best.
X. MOTIONS, WHEN DEBATABLE; WITHDRAWAL. All motions shall be placed before Council for its consideration without the necessity for a second thereto.
When a motion is made, it shall be stated by the presiding officer before any debate shall be in order. Any such motion, and any amendment thereto, may be withdrawn by the movers thereof at any time before decisions, if a majority of the members then present shall agree thereto.
XI. DIVISION OF QUESTION. Any member may call for a division of the question, or the presiding office may direct the same, and in either case, the same shall be divided if it comprehends questions so distinct that one being taken away, the other will stand as an entire question for decision.
XII. TO REFER; PRECEDENCE. When there is a question of referring a given subject to a standing committee, or to a select committee, the question of reference to a standing committee shall be put first.
XIII. TO ADJOURN. The motion to adjourn shall always be in order, unless Council is engaged in voting, and the motion to adjourn or to lay on the table, or for the previous question, shall be decided without debate.
XIV. SUBSIDIARY; ORDER OF PRECEDENCE. When a question or proposition is before Council, or under debate, no motion shall be received except the following:
1. To adjourn;
2. To lay on the table;
3. For the previous question;
4. To postpone to a certain day;
5. To commit;
6. To amend;
7. To postpone indefinitely.
The several motions shall have precedence in the order in which they are herein arranged.
XV. INTRODUCTIONS. Ordinances and resolutions shall be introduced only by members of the Council present, except such ordinances and resolutions as may be presented to Council upon written recommendation of some committee of Council or as provided by the City Charter.
XVI. REFERENCE TO COMMITTEE ON RULES AND ORDINANCES. All ordinances of a general or permanent nature, except the ordinances for appropriation, before their final passage, may be referred to the Committee on Rules and Ordinances. It shall be the duty of such Committee as to any ordinance so referred to it, to carefully compare the same with all existing ordinances, upon the subject matter, and it shall report thereon any discrepancy or conflict which may exist therewith. It shall also examine and report upon the form of such discrepancy or conflict or to correct error in form. If any amendment shall be made to any ordinance after the Committee has reported thereon the ordinance may before its final passage be recommitted to such Committee for further report thereon.
XVII. REFERENCE TO COMMITTEES. Any report, resolution, ordinance or
matter before Council for consideration, except appropriation ordinances, before their final passage may be referred to a committee specially appointed by the Mayor. Any such committee shall consider the matter thus referred to it and report thereon to Council without unnecessary delay. Any matter referred to a committee may be taken from the hands of such committee for consideration by a two-thirds vote of Council at any time prior to report of such committee.
XVIII. APPEARANCES BEFORE COUNCIL. Any person, group or delegation wishing to appear before Council at any regular or special Council meeting shall direct a letter to the Clerk of Council in such time that he will receive it not less than forty-eight hours before the time of the Council meeting. The letter shall clearly state the purpose of the appearance and the approximate number of persons who will appear in the group.
XIX. DEBATES AND DISCUSSIONS. No member of Council while Council is in session shall engage in debate or discussion with any one save another member of Council or the Mayor or some person who has either been granted by Council the privilege to address Council or is present at a Council meeting on invitation of Council. All such debate or discussion shall be governed by Robert's Rules of Order.
XX. HEARINGS. If any elector or electors or taxpayers of the City or any other person or persons desire a hearing on any matters pending before Council, application may be made therefor to Council and Council may by a two-thirds vote grant such public hearing by arranging for a special time and place therefor which must not be during any regular or special meeting of Council.
XXI. RESIGNATION. 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 exclusive of the person tendering the resignation.
XXII. ROBERT'S RULES OF ORDER. In the absence of any rule upon the matter of business, Council shall be governed by Robert's Rules of Order.
XXIII. AMENDMENTS. These rules may be amended or altered or new rules adopted by a vote of the majority of all the members elected at any meeting of Council, on the report of a committee to which the subject has been referred at a previous meeting.
XXIV. SUSPENSION OF RULES. These rules or any of them may be temporarily suspended at any meeting of Council, by a concurrent vote of the majority of all members elected, except when a greater number is required by law or by these rules. The vote on such suspension shall be taken by the yeas and nays and entered on the journal. In case any rule herein shall not have been adhered to by Council, the same shall be regarded as having been suspended.
(Ord. 1962-20. Passed 7-23-62.)
121.02 FILLING VACANCIES OF VICE MAYOR AND CLERK OF COUNCIL.
(a) A vacancy in the office of Vice Mayor shall be filled within thirty days by Council selecting from among its members one to serve as Vice Mayor to fill such office for the unexpired term of his predecessor.
(b) A vacancy in the office of Clerk of Council shall be filled within thirty days, by a majority vote of the members of Council, selecting from outside its membership one to serve as Clerk of Council to fill such office for the unexpired term of his predecessor.
(Ord. 1970-26. Passed 4-27-70.)
CHAPTER 123
Ordinances and Resolutions
123.01 Publication of ordinances.
CROSS REFERENCES
Action by Council - see CHTR. §3.01
Introduction, consideration and reference to committees - see CHTR.§3.02, 3.03; ADM. 121.01
Publication - see CHTR. Sec. 3.05
Initiative and referendum - see CHTR. Sec. 3.07
Resolutions - see CHTR. Sec. 3.09
Procedures - see CHTR. Sec. 3.03
123.01 PUBLICATION OF ORDINANCES.
Within two weeks of and after final passage, public notice of each new ordinance shall be given by publication of a summary of the contents of the ordinance, one time, in a newspaper of general circulation in the City.
(Ord. 1962-26. Passed 9-24-62.)
TITLE FIVE - Administrative
Chap. 131. City Manager.
Chap. 133. Mayor.
Chap. 135. Department of Finance.
Chap. 137. Division of Income Taxation.
Chap. 139. Department of Law.
Chap. 141. Department of Safety.
Chap. 143. Fire Division.
Chap. 145. Police Division.
Chap. 147. Department of Service.
Chap. 149. Division of Streets and Parks.
Chap. 151. Division of Utilities.
Chap. 153. Department of Building and Housing Inspection.
Chap. 155. Department of Community Development.
Chap. 157. Department of Administrative Services.
Chap. 159. Division of Purchasing.
Chap. 161. Division of Personnel.
Chap. 163. Employment Provisions.
Chap. 165. Division of Recreation.
Chap. 167. Board of Park Trustees.
Chap. 169. Health Services.
Chap. 171. Shade Tree Commission.
Chap. 173. Disposition of City Property.
Chap. 175. Economic Development Committee.
CHAPTER 131
City Manager
131.01 Administrative authority and powers.
131.02 Performing duties of Clerk of Council.
CROSS REFERENCES
Appointment; removal - see CHTR. §4.01, 4.04
Duties - see CHTR. §4.02
Absence or disability - see CHTR. §4.03
Relation to Council - see CHTR. §4.05
Contract interest - see CHTR. §5.08
City Manager exempt - see CHTR. §8.02
Community Development Director - see ADM. 155.01
Administrative Services Director - see ADM. 157.02
City Manager to act as Purchasing Agent for the City - see ADM. 159.01 et seq.
Bond required - see ADM. 163.01
Manager to supervise urban renewal and redevelopment activities - see ADM. 191.04 et seq.
131.01 ADMINISTRATIVE AUTHORITY AND POWERS.
The City Manager shall have full authority to prescribe and enforce administrative policy and procedure and to prescribe and enforce administrative rules and regulations for all departments, divisions, officers and employees of the City as he may deem necessary to the performance of his duties as City Manager and to the efficient operation of the entire City government.
The City Manager shall have full authority to prescribe the use of various forms and procedures as he shall approve for the conduct of the City's affairs. Further, he shall prescribe and/or approve the use of various reports and forms for the various departments, divisions, officers and employees, either regularly, or from time to time, for his, the Mayor's or the Council's information and use.
He may require the submission of regular or special reports from any department, division, office, officer or employee to be used in the administrative direction and control of the City.
The City Manager shall have the power to make or delegate to department heads, rules and regulations to govern management practices.
(Ord. 1962-20. Passed 7-23-62.)
131.02 PERFORMING DUTIES OF CLERK OF COUNCIL.
The City Manager shall perform the duties of Clerk of Council during the disability or temporary absence of the Clerk. Such duties shall include those duties imposed upon the Clerk of Council by Section 2.12 of the Charter, ordinances of the City and laws of the State, and the authority to execute certificates in regard to transcripts submitted to bond counsel to obtain approving opinions for the issuance of notes and bonds of the City.
(Ord. 1976-37. Passed 11-22-76.)
CHAPTER 133
Mayor
EDITOR'S NOTE: There are no sections in Chapter 133. This chapter has been established to provide a place for cross references and any future legislation.
CROSS REFERENCES
Election; term; salary - see CHTR. §2.09, 2.10
Vice Mayor - see CHTR, §2.11
Certifying ordinances - see CHTR. §3.04
Certifying appropriation ordinance - see CHTR. §6.07
Disposition of fines and other moneys - see Ohio R.C. 733.40
Bond of Mayor - see ADM. 163.01
CHAPTER 135
Department of Finance
135.01 Duties and responsibilities of Finance Director.
135.02 Treasury Investment Account.
135.03 Authorization to withdraw active funds.
135.04 Assistant Finance Director.
135.05 Distribution of interest earned on pooled investments.
CROSS REFERENCES
Creation; department head; divisions - see CHTR. §5.01 et seq.
Contract interest - see CHTR. §5.08
Functions; Director - see CHTR. §5.11
Fiscal year; tax budgets and levies - see CHTR. Art. VI
Finance Director to maintain accounting system - see CHTR. §6.12
Division of Income Taxation - see ADM. Ch. 137
Bonds of Finance Director and Assistant Director - see ADM. 163.01
Employment provisions - see ADM. Ch. 163
Income tax - see ADM. Ch. 185
135.01 DUTIES AND RESPONSIBILITIES OF FINANCE DIRECTOR.
The Director of the Department of Finance, as established by the Charter of the City,
shall be charged with the following duties and responsibilities:
(a) The custody of all official bonds of the City.
(b) The receipt and custody of all money paid to the City and the disbursement of City money, all as in accordance with the Charter of the City and ordinances passed by Council.
(c) The certification to the County Auditor or the making and collection of special assessments; responsibility for the collection of license fees, fees for permits and all appropriate utility bills; the control, funding and payment of the public debt of the City; and the preparation and disbursement of City payroll accounts.
(d) The rendering of a monthly report to Council reflecting the financial condition of each of the funds of the City as of the last day of the preceding month.
(e) The rendering of an annual report reflecting the financial condition of each of the funds of the City for the preceding fiscal year. Such report shall be submitted to the City Manager, the Mayor and Council within one month following the close of the fiscal year as established by Charter.
(f) The required certification of all purchase orders, and the signing of all warrants, vouchers, checks and contracts, for the payment of money which must be approved by the City Manager or his designee, acting as Purchasing Agent for the City, except that checks drawn on the Mayor's Account of the City shall be signed by the Mayor and Director of Finance.
(g) The proration of the expense of materials, supplies, services and salaries among the various Municipal funds when such commodities, services and salaries may be properly charged against the several funds for the reason that they are distributed or used for more than one department, division or fund. Such proration of expenses shall be made in the manner deemed most advisable and proper by the Director.
(h) The keeping of an accurate account of the bonded indebtedness of the City and of the payment of the principal and the interest thereon.
(i) The settlement and accounting with Council of the preceding month's fiscal activities on or before the tenth day of each month.
(j) The administration of all employee benefit funds.
(k) The giving of assistance to the City Manager in the preparation of drafts of annual budgets.
(l) The payment to the persons duly entitled thereto, on warrant properly authorized without appropriation by Council of any money paid into the treasury pursuant to condemnation proceedings, or for the redemption of property sold for taxes, or arising from special assessments for public improvements, park fund certificates, condemnation fund certificates and all special trust funds.
(Ord. 1962-20. Passed 7-23-62; Ord. 76-29. Passed 10-11-76.)
135.02 TREASURY INVESTMENT ACCOUNT.
Whenever there are moneys in the treasury of the City which will not be required to be used by the City for a period of six months or more, such moneys may, in lieu of being deposited in a bank or banks, be invested in obligations of the City, or in such other bonds or obligations as are or may be specified in Ohio R.C. 731.56, now in effect or as the same may from time to time be hereafter amended.
Such investments shall be made in the manner and pursuant to the terms and provisions set forth in Ohio R.C. 731.56 et seq.
(Ord. 360. Passed 6-10-57.)
135.03 AUTHORIZATION TO WITHDRAW ACTIVE FUNDS.
The funds in the general account of the City of Huron, on active deposit with the Firelands Community Bank and Erie County Bank, shall be subject to be withdrawn on the check, draft, note or order of the City signed by the Director of Finance and the City Manager.
(Res. 1961-7. Passed 8-14-61.)
135.04 ASSISTANT FINANCE DIRECTOR.
There is hereby created the position of Assistant Finance Director. Such assistant shall be subject to the management and control of the Finance Director. The Assistant Finance Director shall perform the duties of Finance Director during the disability or temporary absence of the Finance Director. Such duties shall include those duties imposed upon the Finance Director by the Charter and ordinances of the City and the laws of the State and the authority to execute notes and bonds of the City where the ordinance authorizing such notes or bonds requires the signature of the Finance Director and the further authority to execute, in lieu of the Finance Director, any and all other certificates and documents that may be required or customary in connection with the issuance of such notes and bonds.
(Ord. 1974-52. Passed 10-21-74.)
135.05 DISTRIBUTION OF INTEREST EARNED ON POOLED INVESTMENTS.
(a) Pursuant to the home rule powers of the City, interest earned on pooled investments made by the City shall be credited to the General Fund with the exception of interest earned on rescue squad funds, street funds, state highway funds, and grant funds, with the interest on such funds to be credited respectively to the Huron Rescue Squad Fund, the Street Fund, the State Highway Fund and the applicable grant fund. In addition, interest earned on debt proceeds for capital projects shall be credited to the appropriate Capital Project Fund.
(b) The Director of Finance is authorized and directed to make the needed entries on the City's books of accounts and to do all other things necessary to carry out the intent of this section.
(Ord. 1997-14. Passed 5-27-97.)
CHAPTER 137
Division of Income Taxation
137.01 Creation and compensation.
137.02 Powers and duties of Administrator.
CROSS REFERENCES
Annual tax budget - see CHTR. §6.02, 6.03
Tax levies - see CHTR. §6.04
Tax anticipation notes - see CHTR. §9.04
Municipal income taxes - see Ohio R.C. Ch. 718
Employment provisions - see ADM. Ch. 163
Bookkeeper - cashier's bond - see ADM. 163.01
Income Tax - see ADM. Ch. 185
137.01 CREATION AND COMPENSATION.
There is hereby created, as a division of the Department of Finance, the Division of Income Taxation. The Division shall consist of an Administrator and such other full or part-time employees as may from time to time be appointed by the City Manager. The Administrator shall be appointed by the City Manager and such position shall be exempt from the requirements of competitive examination because of the professional knowledge required for the position.
(Ord. 1968-52. Passed 12-9-68.)
137.02 POWERS AND DUTIES OF ADMINISTRATOR.
The Administrator shall have the supervision and control of the activities of the Division of Income Taxation and shall perform such duties as set forth in Chapter 185.
(Ord. 1968-52. Passed 12-9-68.)
CHAPTER 139
Department of Law
139.01 Attendance at Council and other meetings.
139.02 Law Director shall give opinions.
CROSS REFERENCES
Creation; department head; divisions - see CHTR. §5.01 et seq.
Contract interest - see CHTR. §5.08
Director's qualifications - see CHTR. §5.10
Employment provisions - see ADM. Ch. 163
Law Director to approve federal contracts - see ADM. 191.09
139.01 ATTENDANCE AT COUNCIL AND OTHER MEETINGS.
The Law Director shall attend all regular and special meetings of Council, and when specifically requested by either the City Manager or Council, shall attend such other meetings as either may deem necessary.
(Ord. 1962-20. Passed 7-23-62.)
139.02 LAW DIRECTOR SHALL GIVE OPINIONS.
When an officer of the City entertains doubts concerning the law in any matter before him in his official capacity, and desires the opinion of the Law Director, he shall clearly state to the Law Director, in writing, the question upon the which the opinion is desired. Thereupon, the Law Director shall, within a reasonable time, reply orally or in writing to such inquiry. The right conferred upon such officers by this section extends to Council and to each board created by City Charter or ordinance of Council.
(Ord. 1962 -20. Passed 7-23- 62.)
CHAPTER 141
Department of Safety
141.01 Divisions and administrative heads.
141.02 Rules and regulations; responsibility; power to suspend.
CROSS REFERENCES
Creation; department head; divisions - see CHTR. §5.01 et seq.
Contract interest -see CHTR. §5.08
Fire Division - see ADM. Ch. 143
Police Division - see ADM. Ch. 145
Employment provisions - see ADM. Ch. 163
141.01 DIVISIONS AND ADMINISTRATIVE HEADS.
The Department of Safety, as created and established by the City Charter, shall be organized into two divisions with administrative heads as follows:
(a) The Division of Police - Police Chief;
(b) The Division of Fire - Fire Chief.
(Ord. 1964-40. Passed 12-21-64.)
141.02 RULES AND REGULATIONS; RESPONSIBILITY; POWER TO SUSPEND.
The Director of the Department of Safety shall be the administrative head of the Department. The Director, together with the administrative heads of each of the several divisions, shall make all necessary rules and regulations for the administration of each of the several divisions.
Each of the division heads shall have charge of and be responsible for the proper maintenance of the apparatus and equipment of the division and the conduct of the employees thereof.
The administrative head of each division shall have the authority to suspend, subject to the approval of the City Manager, any member of the division for the violation of rules and regulations, disobedience to the orders of a superior officer, or disorderly conduct while on duty.
(Ord. 1962-20. Passed 7-23-62.)
CHAPTER 143
Fire Division
143.01 Creation and composition.
143.01 Powers and duties of Chief.
143.03 Rules and regulations.
143.04 Meetings and attendance records.
143.05 Inspection of hazardous conditions; correction orders.
143.06 Use of equipment and apparatus.
CROSS REFERENCES
Council's power to establish and make payments from a volunteer firemen's relief and pension fund - see CHTR. §2.08(9)
Division established - see ADM. 141.01
Division head - see ADM. 141.02
Employment provisions - see ADM. Ch. 163
143.01 CREATION AND COMPOSITION.
There is hereby created a Fire Division of the City which shall consist of a Fire Chief and a Fire Company of not more than forty men.
(Ord. 1984-10. Passed 3-5-84.)
Members of the Fire Division serving on the effective date of this section shall continue in their present status of employment in the Fire Company of the City without examination but subject to the merit system in all other respects as provided by Article VIII of the City Charter and the ordinances adopted thereunder.
All vacancies for the position Fire Chief and/or members of the Fire Company existing or occurring after the effective date of this section, shall be filled in the manner provided for appointments to the administrative service of the City in accordance with the Charter and ordinances then in effect.
(Ord. 1966-17. Passed 5-9-66.)
143.02 POWERS AND DUTIES OF CHIEF.
The Fire Chief shall have command over all members of the Fire Division, and shall possess all necessary power over persons and property which shall be reasonably necessary to effectively combat any fire or other like emergency. It shall be the duty of the Fire Chief to instruct the other members of the Fire Division in the operation of the apparatus and equipment, so that members of the Fire Division are capable and efficient in the operation of the same. It shall be his duty to examine into the condition of all apparatus belonging to the Fire Division, and when any of the buildings or apparatus used for the purpose of the Fire Division requires any alterations, additions or repairs, he shall report the same to the City Manager. It shall be his duty to receive and transmit to the City Manager all communications relating to the Fire Division, to keep an exact roll of the Fire Company, to make a report to the City Manager of each fire, and to submit annually a summary of all fires and an inventory of all equipment with a statement of its condition to the Council. It shall be the duty of the Chief to be present at all fires when at all possible. He shall have the power and it shall be his duty to investigate the cause of all fires and, in connection therewith, he shall have the power to examine papers and witnesses, and compel the production and appearance of the same.
(Ord. 1962-20. Passed 7-23-62.)
143.03 RULES AND REGULATIONS.
The Chief of Fire Division shall formulate and administer procedures pertaining to the enforcement of rules and regulations for the operation of the Fire Division.
(Ord. 1962-20. Passed 7-23-62.)
143.04 MEETINGS AND ATTENDANCE RECORDS.
The Division shall hold one regular meeting each month. Records of attendance at meetings and at all fires shall be accurately maintained under the direction of the Fire Chief.
(Ord. 1962-20. Passed 7-23-62.)
143.05 INSPECTION OF HAZARDOUS CONDITIONS; CORRECTION ORDERS.
The Chief shall have the power at all times to inspect any and all buildings and properties in the City for the purpose of locating hazardous conditions, upon reasonable notice given to the occupants thereof. When he finds hazardous conditions, it shall be his duty to issue reasonable written orders for the correction of the same, a copy of which shall be filed with the City Manager.
(Ord. 1962-20. Passed 7-23-62.)
The Chief shall be responsible to make the inspections necessary to enforce the provisions of the Fire Prevention Code.
(Ord. 1969-27. Passed 4-28-69.)
143.06 USE OF EQUIPMENT AND APPARATUS.
Fire equipment or apparatus shall be used for the purpose of fires and emergencies only, or upon express authorization of the City Manager. No person shall at any time take any property whatsoever belonging to the Fire Division from any place where the same may be kept and no person shall willfully destroy or in any manner damage any apparatus or property of the Fire Division. Whoever violates this section is guilty of a misdemeanor of the third degree.
CHAPTER 145
Police Division
145.01 Creation and composition.
145.02 Powers and duties of Chief.
CROSS REFERENCES
Division established - see ADM. 141.01
Division head - see ADM. 141.02
Employment provisions - see ADM. Ch. 163
Bonds required - see ADM. 163.01
145.01 CREATION AND COMPOSITION.
There is hereby created a Division of Police which shall be composed of a Chief of Police who shall be appointed by the City Manager in accordance with the Charter, and such other officers and employees as may be authorized by Council.
(Ord. 1962-20. Passed 7-23-62.)
145.02 POWERS AND DUTIES OF CHIEF.
The Chief of Police shall be accountable to the Director of the Department of Safety. He shall perform the following duties:
(a) Formulate and administer procedures pertaining to the enforcement of rules and regulations for the operation of the Police Division including part-time police officers, such auxiliary police as may be appointed, and lifeguards employed at City beaches.
(b) Be responsible for the preservation of the public peace, order and safety, the prevention and detection of crime, the apprehension of offenders, the protection of persons and property and the enforcement of all laws.
(c) Have control of the assignment of all police officers.
(d) Provide for the training and instruction of the officers and employees of the Police Division.
(e) Act as liaison officer with other law enforcement agencies.
(f) Perform such other duties as the Director of the Department of Safety may require.
(Ord. 1962-20. Passed 7-23-62.)
CHAPTER 147
Department of Service
147.01 Divisions and administrative heads.
147.02 Rules and regulations; responsibility; power to suspend.
CROSS REFERENCES
Creation; department heads; divisions - see CHTR. §5.01 et seq.
Contract interest - see CHTR. §5.08
Division of Streets and Parks - see ADM. Ch. 149
Division of Utilities - see ADM. Ch.151
Employment provisions - see ADM. Ch. 163
Small boat mooring harbor - see TRAF. Ch. 385
147.01 DIVISIONS AND ADMINISTRATIVE HEADS.
The Department of Service, as created and established by the City Charter, shall be organized into four divisions, with administrative heads as follows:
(a) The Division of Streets and Parks - Director of Department of Service;
(b) The Division of Engineering - Director of Department of Service;
(c) The Division of Utilities - Director of Department of Service;
(d) The Division of Small Boat Mooring Basin and Harbor of Refuge - Director of Department of Service.
(Ord. 1974-23. Passed 4-22-74.)
147.02 RULES AND REGULATIONS; RESPONSIBILITY; POWER TO SUSPEND.
The Director of the Department of Service shall be the administrative head of the Department. The Director shall make all necessary rules and regulations for the administration of each of the several divisions.
Each of the division heads shall have charge of and be responsible for the proper maintenance of the apparatus and equipment of the division and the conduct of the employees thereof.
The administrative head of each division shall have the authority to suspend, subject to the approval of the City Manager, any member of the division for the violation of rules and regulations, disobedience to the orders of a superior officer or disorderly conduct while on duty.
(Ord. 1962-20. Passed 7-23-62.)
CHAPTER 149
Division of Streets and Parks
149.01 Duties of Division.
CROSS REFERENCES
Creation; Service Director as head - see ADM. 147.01
Rules; power of suspension - see ADM. 147.02
Employment provisions - see ADM. Ch. 163
Swimming at Nickel Plate Park - see GEN. OFF. 521.12
City parks - see S.U. & P.S. Ch. 935
149.01 DUTIES OF DIVISION.
The Division of Streets and Parks shall be charged with the duty of:
(a) Cleaning, repairing, maintaining and lighting all streets, highways and sidewalks throughout the City including custody and maintenance of all signs and traffic control signals and devices.
(b) Cleaning, repairing, maintaining and inspecting of all storm sewers, drains, ditches, culverts and watercourses throughout the City.
(c) Maintaining, repairing and inspecting of all public lands and buildings throughout the City.
(d) Cleaning, repairing, maintaining and inspecting of all vehicles, tools, fixtures and equipment belonging to the City under the custody of the Division of Streets and Parks.
(e) Maintaining, repairing and inspecting of City parks and amusements including temporary parks and playgrounds which Council or the City Manager may from time to time establish outside the City parks.
(Ord. 1962-20. Passed 7-23-62.)
CHAPTER 151
Division of Utilities
151.01 Duties.
CROSS REFERENCES
Council's power to grant utility franchises - see CHTR. §2.08(13)
Contract interest - see CHTR. §5.08
Creation; Service Director as head - see ADM. 147.01
Rules; power of suspension - see ADM. 147.02
Employment provisions - see ADM. Ch. 163
Director's bond - see ADM. 163.01
Urban renewal - see ADM. Ch. 191
151.01 DUTIES.
The Division of Utilities shall be charged with the duties of managing and conducting the water works of the City, including procuring and distributing of water and the maintenance, inspection, installation and repair of service lines, meters and such other work connected with the Division as the Director of Utilities may from time to time designate.
CHAPTER 153
Department of Building and Housing Inspection
153.01 Director's appointment, duties.
153.02 Assistant building officials.
153.03 Disqualification of Director.
CROSS REFERENCES
Bond of Building Official - see ADM. 163.01
Urban renewal standards and procedures - see ADM. Ch. 191
153.01 DIRECTOR'S APPOINTMENT, DUTIES.
The Director of the Department of Building and Housing Inspection shall act as the Building Official of the City. He shall be appointed by the City Manager with the approval of Council and shall have supervision and control of the Department of Building and Housing Inspection, subject to the direction of the City Manager.
The Director shall perform the following duties:
(a) Enforce all applicable laws and ordinances of the City regulating building, housing, zoning, plumbing, heating and electrical installations.
(b) Issue building permits in conformity with the codes and laws applicable to building inspection and construction.
(c) Institute proceedings for the repair or destruction of unsafe buildings in conformity with the codes and laws of the City.
(d) Issue zoning permits where required by the Zoning Ordinance.
(e) Make all inspections as provided in the Building Code, Zoning Ordinance and other laws and ordinances required to be made by the Building Official and such other inspections as may be directed by the City Manager.
(Ord. 1969-27. Passed 4-28-69.)
153.02 ASSISTANT BUILDING OFFICIALS.
The City Manager may, from time to time, appoint assistant building officials to supplement the work of the Director. Such assistants shall be subject to the management and control of the Director and shall be unclassified part-time employees of the City.
(Ord. 1964-42. Passed 12-21-64.)
153.03 DISQUALIFICATION OF DIRECTOR.
The Director shall be disqualified from performing any of the duties set forth above when the Director or any firm in which he is a partner, employee, associate or subcontractor represents an owner, contractor, subcontractor or any other person as architect, engineer or consultant and such owner, contractor, subcontractor or other person requires any inspection, permits or other action by the Building Official.
In the event of such temporary disqualification, the City Manager shall appoint a qualified architect or engineer to perform the duties of the Director for such period as is necessary to complete the duties required to be performed by the Building Official for the particular matter in which the Director is disqualified to act.
(Ord. 1964-42. Passed 12-21-64.)
CHAPTER 155
Department of Community Development
155.01 Creation and composition.
155.02 Division of Grants.
155.03 Appointment, powers and duties of Director.
CROSS REFERENCES
Urban renewal standards and procedures; federal bid contracts - see ADM. Ch. 191
155.01 CREATION AND COMPOSITION.
There is hereby established the Department of Community Development consisting of the Division of Grants. The City Manager is hereby designated to serve as the Director of this Department as provided by Section 5.02 of the Charter. The Director of the Department of Community Development shall be the administrative head of the Department and, together with the division heads, shall make all necessary rules and regulations for the administration of the divisions. The Director shall also carry out those functions assigned to the City Manager in Section 191.04.
(Ord. 1977-5. Passed 1-24-77.)
155.02 DIVISION OF GRANTS.
The Division of Grants shall consist of the office of the Director of Grants, which office, pursuant to Section 8.02 of the Charter, is exempt from the merit system of the City. The Division shall also consist of such other full or part-time employees as may be authorized by Council upon recommendation of the City Manager.
(Ord. 1977-5. Passed 1-24-77.)
155.03 APPOINTMENT, POWERS AND DUTIES OF DIRECTOR.
The Director of Grants shall be appointed by the City Manager, subject to the approval of Council, and shall serve until removed by the City Manager or until a successor is appointed. He shall be the head of the Division of Grants and, subject to the direction of the Director of the Department of Community Development, shall have supervision and control of the activities of the Division of Grants and shall perform such duties consistent with his office as may be required by the Charter, by ordinance or resolution of Council or as directed by the City Manager or the Planning Commission in connection with the planning, undertaking and carrying out of the grant programs of the City.
(Ord. 1977-5. Passed 1-24-77.)
CHAPTER 157
Department of Administrative Services
157.01 Creation and composition.
157.02 Director and administrative heads.
CROSS REFERENCES
Division of Purchasing - see ADM. Ch. 159
Division of Personnel - see ADM. Ch. 161
Division of Recreation - see ADM. Ch. 165
157.01 CREATION AND COMPOSITION.
There is hereby created the Department of Administrative Services which shall be organized into three divisions with administrative heads as follows:
(a) Division of Purchasing - Purchasing Agent;
(b) Division of Personnel - Personnel Officer; and
(c) Division of Recreation - Director of Recreation.
(Ord. 1974-22. Passed 4-22-74.)
157.02 DIRECTOR AND ADMINISTRATIVE HEADS.
The City Manager is hereby designated to serve as the Director of this Department as provided by Section 5.02 of the Charter, who, together with the division heads, shall make all necessary rules and regulations for the administration of the divisions.
(Ord. 1974-22. Passed 4-22-74.)
CHAPTER 159
Division of Purchasing
159.01 Creation and composition.
159.02 Agent’s general purchasing power.
159.03 Formal bidding requirements.
159.04 Manager may seek Council approval.
159.05 Normal purchase procedure.
159.06 Emergency purchases.
159.07 Design professional selection law waived.
CROSS REFERENCES
Purchasing agency established - see CHTR. §5.05
Competitive bidding - see CHTR. §5.06
Contracts - see CHTR. §5.07 et seq.
Purchasing procedure - see CHTR. §6.12
Division established; head - see ADM. 157.01
159.01 CREATION AND COMPOSITION.
There is hereby created a Division of Purchasing which shall be composed of the Purchasing Agent as established by Section 5.05 of the City Charter. The City Manager, or his designee, shall act as Purchasing Agent for the City.
(Ord. 1962-20. Passed 7-23-62.)
159.02 AGENT’S GENERAL PURCHASING POWER.
Unless otherwise provided for in this chapter, the Purchasing Agent shall make all purchases and contracts for the purchase of supplies, materials and equipment required by the City and every department and division thereof.
(Ord. 1962-20. Passed 7-23-62.)
159.03 FORMAL BIDDING REQUIREMENTS.
Purchases of supplies, materials and equipment or contracts for work to be performed on municipal projects estimated to cost in excess of fifteen thousand dollars ($15,000) shall be made pursuant to formal advertising, bidding and public opening and tabulation as required by the general laws of the State.
Purchase of supplies, materials and equipment or contracts for work to be performed on municipal projects estimated to cost in excess of five thousand dollars ($5,000) but less than fifteen thousand dollars ($15,000) may be required to be made pursuant to formal advertising, bidding and public opening and tabulation as required by the general laws of the State, provided Council, by formal motion, directs the purchase agent to proceed in such manner.
In cases of public disaster, declared by Council resolution adopted by unanimous vote of those members present, a quorum being present, any purchase may be made in the open market without following the requirements set forth in this section.
(Ord. 1999-9. Passed 4-12-99.)
159.04 MANAGER MAY SEEK COUNCIL APPROVAL.
The approval of the City Council of any purchase, irrespective of the amount involved, shall be required when ordered by the City Manager.
(Ord. 1962-20. Passed 7-23-62.)
159.05 NORMAL PURCHASE PROCEDURE.
All purchases, other than emergency purchases or those requiring prior City Council
approval, shall be made in the following manner:
(a) All requests for the purchase of materials, supplies or services shall come from the department head involved.
(b) Requests for materials, supplies or services shall be addressed to the Purchasing Agent on a requisition form to be provided by the Office of the City Manager. All requests shall be in writing stating explicitly the items or services desired. At the discretion of the Purchasing Agent, the department head may be required to submit at least two independent quotations on such items or services desired. The signature of the Purchasing Agent on the requisition shall constitute his approval of the requisition.
(c) All requisitions approved by the issuance of a purchase order shall be kept in the custody of the Director of Finance, whereas all requisitions disapproved by the Purchasing Agent shall be filed in the office of the City Manager.
(d) In accordance with Section 6.12 of the Charter, purchases shall be made by written purchase order signed by the Purchasing Agent. Agreements for construction work shall be made by written contract. Agreements for personal services shall be made by written contract or appointment, signed by the City Manager or his designee, acting as Purchasing Agent for the City.
(e) Purchase orders shall be on printed forms as prescribed by the City Manager and the Director of Finance. They shall bear consecutive numbers as to date of issue.
(f) No purchase order or contract shall be valid as an obligation of the City unless it bears a certificate of the Director of Finance that the estimated amount thereof has been entered as an encumbrance in the City accounts against an allotment based on a valid appropriation.
(g) After the approval of requisitions and after the certificate of the Director of Finance has been signed stating that the funds are available for such purchase from the proper fund, the original purchase order shall be issued to the vendor, supplier or person rendering the required service.
(h) A second (carbon) copy of every purchase order shall be immediately posted to the encumbrance ledger and such sum shall be subtracted from the respective appropriation account. All second (carbon) copies or purchase orders shall be kept in numerical filing order in the custody of the Director of Finance.
(i) All vouchers and warrants for the disbursement of City funds shall bear the purchase order number authorizing such expenditure when so applicable. If there is a difference in the quoted purchase order price and the invoice or final price, such difference shall be reconciled immediately with the encumbrance ledger, with such explanation within the voucher as to difference of price as the Director of Finance or City Manager may require or deem advisable.
(j) The City Manager, together with the Director of Finance, shall sign all warrants, vouchers and checks or any contract involving the disbursement of City funds, with the exception that checks drawn on the Mayor's Account shall be signed by the Mayor and the Director of Finance.
(Ord. 1962-20. Passed 7-23-62.)
159.06 EMERGENCY PURCHASES.
Emergency purchases, without recourse to requisition or purchase procedure, may be made by the City Manager, Director of Finance, Purchasing Agent or any department head, when such emergency action is necessary. Examples of such emergency situations would be in times of military or civil disaster or during periods of the day or night when the required officials would not be available to approve normal purchase procedure and when the nonavailability of such officials to approve such purchases would adversely affect the best interest and the day-to-day operations of the City. When an emergency purchase is made by any of the authorized employees of the City, a written explanation of such purchase shall be made to the Purchasing Agent of the City within twenty-four (24) hours after such purchase is negotiated or made. The Purchasing Agent and the Director of Finance shall subsequently prepare and sign a purchase order for the emergency purchase and it shall be filed in the manner prescribed in Section 159.05.
(Ord. 1962-20. Passed 7-23-62.)
159.07 DESIGN PROFESSIONAL SELECTION LAW WAIVED.
(a) The provisions of Ohio R.C. 153.65 through 153.71 shall not be applicable in the City.
(b) In addition to meeting existing ordinances and Charter provisions as to contracts and purchases, the City Manager is authorized to establish such further procedures as are deemed to be in the City’s best interests for the selection of design professionals.
(Ord. 1996-28. Passed 7-22-96.)
CHAPTER 161
Division of Personnel
161.01 Creation and composition.
161.02 Purpose and amendment of personnel regulations.
161.03 Definitions.
161.04 Position and salary schedule.
161.05 Applications and applicants.
161.06 Examinations.
161.07 Eligible lists.
161.08 Appointment and probation.
161.09 In-service activities.
161.10 Discipline
161.11 Appeals procedure.
161.12 Layoff and reinstatement.
161.13 Political activity.
CROSS REFERENCES
Contract interest - see CHTR. §5.08
Merit system established - see CHTR. §8.01
Exempt positions - see CHTR. §8.02
Personnel officer - see CHTR. §8.03
Personnel Appeals Board - see CHTR. §8.04, 8.05
Political activity - see CHTR. §8.06 et seq.
Promotional examinations - see CHTR. §8.09
Removal from office - see CHTR. §12.04
Division established; head - see ADM. 157.01
Employment provisions - see ADM. Ch. 163
Bonds required - see ADM. 163.01
161.01 CREATION AND COMPOSITION.
There is hereby created a Division of Personnel which shall be composed of the Personnel Officer as established by Section 8.03 of the City Charter.
(Ord. 1976-35. Passed 12-13-76.)
161.02 PURPOSE AND AMENDMENT OF PERSONNEL REGULATIONS.
(a) It is the purpose of this chapter to give effect to the provisions of the City Charter by establishing rules, standards and procedures for the operation of the merit system.
(b) The Personnel Officer shall prepare, in consultation with the City Manager, such amendments to this chapter as may, from time to time, be deemed desirable. Such amendments shall be recommended to Council for adoption.
(Ord. 1976-35. Passed 12-13-76.)
161.03 DEFINITIONS.
(a) "Allocation" means the assignment of an individual position to an appropriate class on the basis of the kind, difficulty and responsibility of the work actually performed in the position.
(b) "Appointing authority" means the officer or agency having power under the Charter and ordinances to make appointments to positions in the classified service.
(c) "Classified service" shall consist of all permanent full-time employees of the City, except those specifically exempted by the Charter.
(d) "Classes of positions" shall consist of all positions in the classified service which are sufficiently alike in duties, authority and responsibility to be treated in the same manner for personnel purposes.
(e) "Class specifications" are those duties imposed upon the personnel of each division by the Administrative Code.
(f) "Demotion" means the change of an employee from a position in one salary grade to a position in another salary grade having a lower maximum salary rate.
(g) "Eligible" means a person whose name is on a list prepared by the Personnel Officer as the result of passing an open competitive examination or on a re-employment list.
(h) "Eligible list" means a list of eligibles, in the order of their final grades in an open competitive examination, or in an order determined by this chapter, prepared by the Personnel Officer.
(i) "Position" means a group of duties and responsibilities designed to be performed by an individual. Positions shall be created and abolished by the City Manager.
(j) "Probationary period" means the working test period during which an employee is required to demonstrate his fitness by actual performance of the duties of the position to which he has been appointed, which period shall be for twelve consecutive months.
(k) "Promotion" means the change of an employee from a position in one salary grade to a position in another salary grade having a higher maximum salary rate.
(1) "Regular employee" means a person who has passed a physical examination, has been appointed to a position in the classified service from an eligible list and who has satisfactorily completed his probationary period of twelve consecutive months.
(m) "Full-time, salaried employee" means a person who works a forty-hour work week at a yearly salary, or a person who works a twenty-eight day schedule at a yearly salary as a full-time employee of the Fire Division and in both cases are either on a probationary period or a regular employee.
(n) “Part-time employee” means a person who is paid by the hour, and does not receive any of the fringe benefits as set forth in other sections of this Code.
(o) “He, him and his” shall also mean when used in this Code, she, her and hers.
(p) “Administrative employee” means the City Manager, Director of Finance, Fire Chief, Police Chief and Police Captain.
(Ord. 1976-35. Passed 12-13-76; Ord. 1985-20. Passed 7-22-85.)
161.04 POSITION AND SALARY SCHEDULE.
(a) The position and salary schedule, marked Exhibit “A”, which is attached hereto and made a part of this Code, shall be effective December 26, 1999.
(Ord. 2000-44. Passed 12-18-00.)
(b) The Personnel Officer, in conjunction with department and division heads and subject to the approval of the City Manager, shall annually review and make recommendations to Council for changes in the following schedule.
(c) After the adoption of the pay plan, no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for the salary grade of the position. New appointments shall normally be made at the minimum rate for the class. Appointments above the minimum rate may be made upon approval by the City Manager when new employees have exceptional qualifications or when no eligible will accept appointment at the minimum rate.
(d) Salary increases within an established range shall not be automatic, but can be given on the following bases:
(1) A merit increase recommended, in writing, to the City Manager by the appropriate department or division head and approved by the City Manager. Such a recommendation is to be based on standards of performance or other pertinent data.
(2) A merit increase recommended and approved by the City Manager. Such a recommendation is to be based on standards of performance or other pertinent data.
(3) An across the board increase granted to all salaried employees and recommended by the City Manager.
(4) A change in the employee’s classification.
(e) Salary increases granted on the basis of subsection (d)(1), (2) and (3) hereof are dependent on the provisions of moneys appropriated in the annual appropriation ordinance. Salary increases granted on the basis of subsection (d)(1) and (2) hereof shall not be granted to an employee more frequently than once in each six months. No salary advancement shall be given before the employee completes the first six months of his probationary period. However, when the minimum salary for the particular position is increased during such employee’s probationary period, such employee shall be compensated at such higher salary from the date of the passage of the salary ordinance.
(f) The salary rate established for an employee shall represent his total remuneration, not including reimbursement for official travel and except as otherwise provided, in this chapter (overtime pay, cost-of-living allowance, premium pay and/or on-call status). No reward, gift or other thing of value received from any source for the performance of his duties shall be retained by an employee. Notwithstanding the foregoing, employees of the Police Division, during off-duty time, may accept special duty assignments for police work only when authorized by the Police Chief.
(g) Whenever an employee works for a period less than the regularly established number of hours per day, days per week or weeks per month, the amount paid shall be proportionate to the time actually employed.
(h) All full-time salaried employees except department heads, administrative employees and Fire Division employees shall be compensated for each hour worked in excess of forty hours per week at a rate equal to one and one-half times their straight rate.
All full-time employees of the Fire Division shall be compensated for each hour worked in excess of 212 hours during any twenty-eight day work period at a rate equal to one and one-half times their straight rate.
Authorization of all overtime shall be under the control of the City Manager. If any full-time salaried employee, other than department and division heads, requests the City Manager to grant compensatory time off in lieu of compensation for such employee’s authorized overtime, the City Manager shall be authorized but not required to allow such request.
The City Manager shall be authorized, but not required, to grant compensatory time off to those administrative employees not entitled to overtime compensation at such times and to such extent that the City Manager, in his sole discretion deems justifiable under the circumstances relating to each such administrative employee.
(i) (EDITOR’S NOTE: This subsection was repealed by Ordinance 1988-2, passed January 25, 1988.)
(j) Each employee of the Division of Utilities and of the Division of Streets and Parks, when placed on a standby basis by the department or division head, shall receive compensation in addition to his regular salary in an amount equal to one hour of such employee’s regular rate for each such day on call.
(Ord. 1976-35. Passed 12-13-76; Ord. 1980-10. Passed 2-4-80; Ord. 1982-2. Passed 1-25-82; Ord. 1983-30. Passed 11-28-83; Ord. 1985-20. Passed 7-22-85; Ord. 1985-32. Passed 12-16-85; Ord. 1986-2. Passed 1-13-86.)
EXHIBIT "A"
THE CITY OF HURON, OHIO
POSITION AND SALARY SCHEDULE
Full-Time/Permanent Classified Positions
GradeTitleSalary Range I IIMaintinance Worker I$ 18,500 - 34,790 Maintenance Worker II Finance ClerkIIIAdministrative Assistant - Building Department$ 20,500 - 38, 227 Maintenance Worker II (Floater) Deputy Court Clerk Maintenance Worker IIIIVDispatcher$22,500 - 41,375Street SuperintendentProgram CoordinatoorVClerk of Courts$ 32,902 - 42,773Assitant Director of FinanceDirector of Human ResourcesVI-AFirefighter (3 Steps before Class A)$ 23,500 - 34,000Police Officer (5 Steps before Class A)$ 23,500 - 34,000Class A - Firefighter and Police Officer$ 34,547 - 44,911VI-BFacility Manager$ 35,000 - 45,981VI-CFinance Director$ 36,192 - 47,050VIIPolice Sergeant$ 39,811 - 53,500VIIIAssistant Service Director$ 43,792 - 56,930Police CaptainFire Shift LeaderIXFire Chief$ 48,171 - 62,622Police ChiefAdministrative Assistant to the City Manager$ 24,720 - 47,000Water Superintendent$ 35,370 - 50,000Part-Time PositionsPolice Prosecutor$ 24,000 AnnuallyLaw DirectorCouncil Meetings$ 4,450 AnnuallyAll Other Services$ 100/HourDeputy Court Clerk$ 8.50 - 14.50/HourPolice/Dispatch - SecretaryDispatcherPolice OfficerCourt Baliff/Court Security OfficerSeasonal Positions$ 5.15 - 10.00/HourParks Maintenance IParks Maintenance IIDock HandStreet Maintenance
Volunteer Fire PersonnelSalary Range (per year)
Plus Volunteer PayLieutenant$ 180.00Fire or Squad Runs$ 10.00/hourTraining & Special Services$ 10.00/session Station Coverage$ 8.00 - $11.00/hour(Ord. 2000-44. Passed 12-18-00.)
161.05 APPLICATIONS AND APPLICANTS.
(a) All entrance examinations shall be publicly announced by the Personnel Officer by publication in at least one newspaper of general circulation in the City and in such other ways as he deems necessary or desirable. The announcement shall specify the title of the position for which the examination is to be held; the time, place and manner of making applications; the closing date for applications and any other information deemed pertinent by the Personnel Officer.
(b) Applications shall be made on forms prescribed by the Personnel Officer.
(c) The Personnel Officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required or which is not received within the time limit fixed for filing for the position. Notice of such rejection shall be given to the applicant, and such rejection shall be final.
(d) All applicants must be citizens of the United States, of good moral character, of temperate habits, of sound health and physically able to perform the duties of the position applied for. Residence in the City shall be a qualification unless so specified in the announcement of the vacancy.
(e) The Personnel Officer shall make written inquiry of employers, educational institutions and character references given by the applicant to verify the statements made in the application. If the facts so ascertained indicate the unsuitability of the applicant, the Personnel Officer may reject his application and notify him to that effect, and such rejection shall be final.
(Ord. 1976-35. Passed 12-13-76.)
(f) Every applicant for entrance examination for the uniformed fire service shall be, in addition to the requirements set forth in subsections (c), (d) and (e) hereof, at the time of application, no less than twenty years of age and not over thirty-nine years of age. However, in a case where an applicant has had experience in the State of fire work, the Personnel Officer may, at his discretion, accept applicants over thirty-nine years of age, with one year of increased age allowed for each year so served.
(g) Every applicant for entrance examination in the uniformed police service shall, in addition to the requirements set forth in subsections (c), (d) and (e) hereof, have successfully completed the Basic Peace Officers Training course at the time of his or her original appointment as a police officer in the Police Division. However, in case where an applicant has had experience in the State in police work, the Personnel Officer may, at his discretion, accept applicants over thirty-nine years of age, with one year of increased age allowed for each year so served.
(Ord. 1994-10. Passed 6-13-94.)
(h) Every applicant for entrance examination for the uniformed police service and fire service shall pay an application fee established by the Personnel Officer in an even dollar amount calculated to cover the cost of the examination forms and study materials.
(Ord. 1994-33. Passed 12-19-94.)
161.06 EXAMINATIONS.
(a) All examinations shall be of such type as will test fairly the relative capacity and fitness of the applicants to discharge efficiently the duties for which the examination is given. Their content shall be determined by the Personnel Officer and he shall be responsible for the evaluation of the results. The examinations may be written or oral, physical or performance tests, and may be any combination of these.
(b) The Personnel Officer may require applicants to submit proof of their age, citizenship and military service at the time of the examination.
(c) Each person who takes an examination shall be given written notice as to whether he passed or failed such examination and of his relative standing on the eligible list, if he was successful. Each person shall be entitled to inspect his own papers, but not those of other candidates, during regular office hours, under the supervision of the Personnel Officer.
(d) Before any person is appointed as a probationary employee, he shall be required to submit to a medical examination administered by a physician selected for that purpose by the Personnel Officer with the approval of the City Manager. A certificate by such physician, in a form prescribed by the City Manager, that the person so examined is in good health and is physically capable of performing the duties of the position, shall be prerequisite to appointment. The expense of this pre-employment physical examination shall be paid by the City.
(e) The City Manager may require the medical examination of any employee at any time during the term of the employee's service or as a prerequisite to call back for employment as set forth in Section 161.12(b). The expense of medical examinations prescribed in this section shall be paid by the City.
(f) Whenever in the judgment of the City Manager, Personnel Officer and the division head, positions above the entrance level should be filled by promotion, a promotional examination shall be given. Eligibility to take a promotional examination shall be determined by the Personnel Officer with the approval of the City Manager. Promotions shall be based upon a written competitive examination, length of service, a written evaluation from the department or division head and a personal interview by the City Manager, Personnel Officer and division head. The Personnel Officer shall determine the content of the examinations and shall be responsible for the evaluation of the results. Examinations shall be competitive unless the Personnel Officer finds that the number of persons qualified for promotion is insufficient to justify competition, in which case the promotional examination shall be noncompetitive in character, or as otherwise provided in Section 8.09 of the Charter. The Personnel Officer shall give written notice of the promotional examination which shall set forth the date, time and place and procedures and rules, as determined by the Personnel Officer which apply to the promotional examination.
(g) The Personnel Officer shall maintain a register of applicants for positions as laborers in the order of the time of their application. As vacancies occur, such applicants shall be given a noncompetitive examination on their ability to read and write and to understand oral instructions. Successful candidates shall be certified to the appointing officer and the one tentatively selected by him shall take a preappointment physical examination. If found physically qualified he may be appointed.
(Ord. 1976-35. Passed 12-13-76.)
161.07 ELIGIBLE LISTS.
(a) The Personnel Officer shall prepare and keep open to public inspection, from the results of each examination, an eligible list of the persons whose average grade is not less than seventy and who are otherwise eligible for appointment. Such persons shall take rank upon the eligible list in the order of their relative grades. Any person who is eligible for appointment at the time of the preparation of the eligible lists except for not having attained the age of twenty-one years, shall have his or her name included on such list with a notation that he or she is not eligible for appointment until having attained the age of twenty-one. Whenever it becomes necessary to hold a subsequent examination in order to obtain additional eligibles, the Personnel Officer may consolidate existing lists for the same position by rearranging the names of those whose names appear on an existing list which is to be merged with a new list in the order of their relative grades. Any eligible on an existing list shall have an opportunity to compete in the examination. (Ord. 1984-3. Passed 1-23-84.)
(b) The term of eligibility of each list and of the names appearing thereon shall be for one year.
(c) Regular employees laid off for lack of funds or work shall be placed on a reemployment eligible list and remain on such list for one year or for a period equal to his length of employment with the City, whichever is longer.
(d) A probationary employee, who is laid off for lack of funds or work while the original employment eligible list from which he was appointed is still in effect, shall be restored to his original place on that list.
(e) The name of any person appearing on an eligible list who:
(1) Fails to report or arrange within six days (Sundays and holidays excluded) for an interview with an appointing authority;
(2) Fails to respond to a notice from the Personnel Officer;
(3) Declines an appointment without reasons satisfactory to the Personnel Officer; or
(4) Cannot be located by the postal authorities,
shall not thereafter be certified to any appointing authority as eligible for appointment. The eligible person shall be notified to this effect unless his whereabouts are unknown. His name may again be certified from the eligible list only in case a thoroughly satisfactory explanation of the circumstances is made to the Personnel Officer. In case an eligible person's name appears on more than one list, appointment to a position in one class shall be considered a waiver for appointment from other eligible lists for classes the salary of which is equal or lower.
(f) If at any time after the creation of an eligible list, the Personnel Officer has reason to believe that any person whose name appears on any list is disqualified for appointment because of false statements made in his application, physical disability or for other comparable reasons, such person shall be notified and given an opportunity to be heard. If such person fails to appear for hearing, or upon being heard, fails to satisfy the Personnel Officer, his name shall be removed from such eligible list.
(Ord. 1976-35. Passed 12-13-76.)
161.08 APPOINTMENT AND PROBATION.
(a) Within two weeks after any certification of an eligible list has been made by the Personnel Officer, the appointing authority shall appoint one of the persons so certified to fill the vacancy. A notice of appointment shall be filed with the Director of Finance.
(b) Every original or promotional appointment from an eligible list shall be for a probationary period of twelve months. During the probationary period the work and conduct of the employee shall be evaluated at least once in each three months by the department or division head.
(c) Probationers shall become regular employees at the end of their probationary period, provided the evaluations indicate satisfactory performance of their duties and provided that at least ten days before the conclusion of such period the department and division head shall file with the City Manager a written recommendation that they be given regular status. Failure of the department or division head to file such written recommendation within the time required shall be deemed to indicate approval.
(d) Probationers may be removed or demoted at any time during the probationary period by a written notice to the employee by the City Manager indicating that his services are not satisfactory. Such removals or demotions shall not be subject to appeal. Copies of all such notices shall be filed with the Personnel Officer and Director of Finance.
(e) Whenever an emergency exists which requires that a vacancy be filled at once in order to maintain public services, the City Manger may appoint any qualified person temporarily to perform the duties of the position.
(Ord. 1976-35. Passed 12-13-76.)
161.09 IN-SERVICE ACTIVITIES.
An annual report of the activities of the Personnel Officer shall be submitted to the City Manager within thirty days following the close of the City's fiscal year. The Personnel Officer shall make such other reports as may be required by the City Manager or by Council.
(Ord. 1976-35. Passed 12-13-76.)
161.10. DISCIPLINE.
(a) If an employee's conduct falls below a desirable standard, he is subject to disciplinary action. Some examples of cause for discipline are:
(1) Failure to follow the orders of the supervisor or department head;
(2) Absence from work without permission;
(3) Being habitually absent or tardy;
(4) Failure to perform assigned work in an acceptable manner;
(5) Being wasteful of material, property or working time;
(6) Inability to get along with fellow employees so that work is hindered or not up to required standards;
(7) Failure to pay just debts;
(8) Violating the Drug and Alcohol Policy of the City as set forth in paragraph (b) hereof;
(9) Rudeness in dealing with the public;
(10) Conduct unbecoming an employee;
(11) Any criminal offense.
(b) Drug and Alcohol Policy.
(1) No employee shall possess or use any controlled substances, narcotics, or hallucinogens except when prescribed in the treatment of the employee by a physician or dentist. When a controlled substance, narcotics, or hallucinogens are prescribed, employees shall notify their immediate supervisor and show written confirmation from the attending physician.
(2) No employee shall store or bring into any City facility or vehicle, any alcoholic beverages, controlled substances, narcotics, or hallucinogens, except those which are held as evidence.
(3) No employee shall consume intoxicating beverages while in uniform or on duty except in the performance of duty, and while acting under specific orders from the City Manager.
(4) No employee shall appear for duty, or be on duty, if any of the following apply:
A. The employee is under the influence of alcohol, a drug of abuse, or alcohol and any drug(s) of abuse;
B. The employee has a concentration of two-hundredths of one percent (0.02%) or more by weight of alcohol in the blood;
C. The employee has a concentration of two-hundredths (0.02) of one gram or more by weight of alcohol per 210 liters of his breath.
(5) Employees, while being compensated for being on-call, shall refrain from consuming alcoholic beverages and/or any drugs of abuse or mood altering substances.
(6) Suspected violations of this drug and alcohol policy will subject an employee to the following:
A. Any employee who has reasonable suspicion of employee substance abuse will immediately relieve the involved employee from his/her duties and will immediately notify the City Manager or his designee of the reason he suspects substance abuse. The City Manager or designee will determine whether sufficient suspicion exists to warrant testing.
B. If the City Manager or designee determines there is reasonable suspicion to believe there is a violation, the involved employee will be transported to Firelands Community Hospital (or such other Medical Provider with which the City has a contract to perform testing) by the employee's supervisor for testing. If the parties have not previously agreed otherwise in writing, the Medical Provider shall be Firelands Community Hospital.
C. The involved employee will be required to submit to a test of their blood, breath or urine as selected by the City Manager.
D. The involved employee will be suspended with pay until such time as the analysis is completed. If the analysis is returned with no drugs being found, the employee shall be reinstated and all records of the suspension and testing shall be purged from the employee's personnel record.
E. Any testing will be conducted at no expense to the employee.
(7) Testing of samples shall be conducted in accordance with the following criteria:
A. The sample collection, testing methodology, and screening standards for drugs of abuse will be a routine 8-panel screen, which is performed with chain of custody procedures. An automatic confirmation process is to be included with this screen; i.e., the specimen has been through two rounds of testing. The first screening is via the immuno-assay method and then any positive screen is confirmed via gas chromatography/mass spectroscopy (GC/MS).
B. The sample collection, testing methodology, and screening standards for alcohol will be done in accordance with established standards acceptable to the Ohio Department of Health as if the sample was collected and processed for a driving under the influence violation. Chain of custody procedures will be maintained.
(8) Disciplinary action shall be taken as follows:
A. Failure to comply with the policy as it applies to the misuse of alcohol will result in disciplinary actions as follows:
1. First offense: The employee will be suspended for three working days without pay.
2. Second offense: The employee will be suspended for ten working days without pay. An Employee Assistance Program (EAP) will be mandatory for the involved employee to be paid for as provided for in existing health care benefits. Accrued sick time may be used for EAP. No sick time may be used toward the suspension.
3. Third offense: The employee will be terminated immediately.
B. Failure to comply with the policy as it applies to the misuse of drugs of abuse will result in disciplinary actions as follows:
1. First offense: The employee will be suspended for ten working days without pay. An Employee Assistance Program will be mandatory for the involved employee to be paid for as provided for in existing health care benefits. Accrued sick time may be used for EAP. No sick time may be used toward the suspension.
2. Second offense: The employee will be terminated immediately.
C. Voluntary entry into an Employee Assistance Program is not grounds for disciplinary action outside a violation of this policy.
D. The failure by an employee to attend a mandatory Employee Assistance Program will result in termination.
E. An employee who has successfully completed the Employee Assistance Program as part of disciplinary action resulting from an alcohol related offense may have his/her records expunged of the incident providing there is no related offense within a five year period. There is no provision for an expungement of a drug related offense.
F. An employee who refuses to submit to the requested test or tests shall be considered to have tested positive and disciplinary action will be administered in accordance with standards established herein.
(c) Other than as set forth in subsection (b) hereof pertaining to the City's Drug and Alcohol Policy, disciplinary action shall be taken in the first instance by the head of the department or division in which the employee is employed so long as such action does not adversely affect the pay or status of the employee. It may consist of any action which is appropriate to the offense, including, among others:
(1) Informal reprimand;
(2) Formal written reprimand which becomes part of the employee's record.
Any disciplinary action which affects the pay or status of the employee, such as suspension from duty without pay, demotion in rank and salary and dismissal, shall be exercised only by the City Manager.
(d) The duty of maintaining discipline among the City employees shall rest primarily with the City Manager.
(e) An appeal shall be allowed from disciplinary action as provided in the Charter, Administrative Code and in this chapter, if requested by the employee affected.
(Ord. 1997-34. Passed 9-8-97.)
161.11 APPEALS PROCEDURE.
(a) In any case of reduction in pay or status, suspension for more than five days or removal, the appointing authority shall furnish such employee with a copy of the order of reduction, suspension or removal, which order shall state the reason therefor. Such order shall also be filed with the Personnel Appeals Board.
(b) Within ten days following the filing of such order with the Personnel Appeals Board, the employee may file an appeal, in writing with the Board. In the event such an appeal is filed, the Board shall forthwith notify the appointing authority and shall hear such appeal within thirty days from and after its filing with the Board. The Personnel Appeals Board may affirm, disaffirm or modify the judgment of the appointing authority.
(c) In cases of removal or reduction in pay for disciplinary reasons, either the appointing authority or the employee may appeal from the decision of the Personnel Appeals Board to the Court of Common Pleas in accordance with the procedure provided by Ohio R.C. 119.12.
(Ord. 1976-35. Passed 12-13-76.)
161.12 LAYOFF AND REINSTATEMENT.
(a) Whenever there is lack of work or lack of funds requiring a reduction in the number of employees of the City, the City Manager shall determine the classes of employment in which such reduction shall be made and the number to be laid off. The employees to be laid off shall be determined by the department and division head based on length of service. Such determination shall be submitted to the City Manager for action.
(b) When the work or financial situation permits, those who have been laid off shall be called back to work by the City Manager according to their status on the re-employment eligibility list and placed on available work at the appropriate pay.
(c) Any person who previously worked as a regular full-time salaried employee and who voluntarily terminated his service with the City, may be considered for rehiring as a probationary employee in his prior classification, within a three-year period of the date of his voluntary termination, upon written recommendation of the department head or division head and with the approval of the City Manager. Rehiring under these circumstances may be done without a prior written competitive examination provided such person passes a medical examination as provided in Section 161.06(d).
(Ord. 1976-35. Passed 12-13-76.)
161.13 POLITICAL ACTIVITY.
See Charter, Section 8.07.
(Ord. 1962-41. Passed 12-26-62.)
CHAPTER 163
Employment Provisions
163.01 Surety bonds required.
163.02 Sick leave.
163.03 Leave for family death.
163.04 Paid holidays.
163.05 Vacations.
163.06 Travel expenses; mileage allowance.
163.07 Maternity leave.
163.08 Jury duty.
163.09 Military training leave.
163.10 Training leave.
163.11 Emergency leave.
163.12 Cost-of-living salary adjustments.
163.13 Fringe benefits.
163.14 Weather emergencies.
163.15 Longevity pay.
CROSS REFERENCES
Contract interest - see CHTR. §5.08
Merit system - see CHTR. §8.01
Exempt positions - see CHTR. §8.02
Appeals - see CHTR. §8.05
Promotional examinations - see CHTR. §8.09
Personnel Division - see ADM. Ch. 161
163.01 SURETY BONDS REQUIRED.
The persons holding the following positions shall furnish to the Council Clerk a corporate surety bond in at least the amounts designated for each such position. The amount of any premium shall be paid by the City.
Minimum BondCity Manager$ 10,000.00Mayor$ 2,500.00Director of Finance$ 20,000.00Assistant Director of Finance$ 20,000.00Members of Police$ 2,500.00 eachBuilding Official$ 2,500.00Bookkeeper-Cashier, Division of Income Taxation$ 20,000.00Director of Utilities$ 5,000.00All other City employees$ 2,500.00
The surety bond required for all of the above positions may, at the option of the City Manager, be included in a blanket corporate surety bond in at least the combined total of all the individual bonds set forth above.
(Ord. 1997-16. Passed 5-27-97.)
163.02 SICK LEAVE.
(a) Each full-time salaried employee, whose salary or wage is paid in whole or in part by the City, shall be entitled for each completed month of service, to sick leave of one and one-fourth work days with pay. Beginning January 1, 1985, and for service as a qualified employee on and after such date, each employee is entitled to accumulate an unlimited amount of sick leave. Employees may use sick leave, upon approval of the responsible department head, for absence due to illness, injury or exposure to contagious disease which could be communicated to other employees. An employee who transfers from one City department to another shall be credited with the unused balance of his accumulated sick leave. The responsible department head may require the employee to furnish a satisfactory affidavit that his absence was caused by illness due to any of the causes mentioned in this section. This section shall be uniformly administered as to employees in each department of the City government.
(b) Effective January 1, 2001, an employee who retires from service with the City may request and shall be paid an amount equal to one day’s compensation, at his current salary, for every two day’s sick leave accumulated as of the date of the retirement, but not to exceed an amount equal to his salary or wage for 480 hours.
(c) Effective January 1, 2002, an employee who retires from service with the City may request and shall be paid an amount equal to one day’s compensation, at his current salary, for every one day’s sick leave accumulated as of the date of the retirement, but not to exceed an amount equal to his salary or wage for 1,750 hours.
(d) An employee who has a minimum of 1,000 hours of accumulated sick leave and who has not used sick leave in a calendar quarter with the beginning dates of January 1, April 1, July 1 or October 1, 1986, or succeeding calendar quarters, may request, by the last working day of January of any calendar year, on a form prescribed by the City, and shall be granted the right to convert thirty hours sick leave to ten hours paid personal time per quarter. An employee shall not accumulate in excess of forty hours personal time in any calendar year.
(e) Effective December 31, 2002, an employee who has a minimum of 1,000 hours accumulated sick leave may request, by the last working day of January of any calendar year, on a form prescribed by the City, and shall be granted the right to convert up to forty hours sick leave to a cash payment to be paid with the first pay of February.
(f) Each employee whose employment with the City commenced on or after January 1, 1973, shall be allowed a credit for accumulated sick leave accrued while in the employment of another Ohio political subdivision, up to a maximum of fifteen days.
(Ord. 2000-13. Passed 8-28-00.)
163.03 LEAVE FOR FAMILY DEATH.
A maximum of four days leave of absence shall be granted to any full-time salaried employee due to a death in his immediate family (mother, father, sister, brother, spouse, child, stepson, stepdaughter, stepbrother, stepsister, stepparent, half-brother, half-sister, grandparent, mother-in-law and father-in-law) and such time shall not be deducted from the employee’s accumulated sick leave.
A maximum of three days’ leave of absence shall be granted to any full-time salaried employee due to a death in the following members of his family: aunts, uncles, nieces, nephews. Such time shall be deducted from his accumulated sick leave.
When, in the opinion of the responsible department head, additional leave of absence for family death is in the best interest of both the City and the employee, such additional leave may be granted and shall be deducted from the employee’s accumulated sick leave.
(Ord. 2000-14. Passed 8-28-00.)
163.04 PAID HOLIDAYS.
(a) There shall be nine paid holidays for full-time salaried employees. These holidays shall be New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day and Christmas Day. In addition, there shall be three one-half day paid holidays, these being one-half day before Christmas Day, one-half day before New Year’s Day and one-half day on Good Friday afternoon. If it shall be necessary to work any or all of these days the employee may substitute working days at the discretion of the department head or City Manager.
Beginning for the calendar year 1989 and thereafter, all full-time salaried employees shall also receive Martin Luther King Day as an additional paid holiday.
(Ord. 1988-8. Passed 2-8-88.)
(b) In case the holiday falls on Saturday, the previous Friday shall be considered as the legal holiday. In case the holiday falls on Sunday, the following Monday shall be considered the legal holiday.
In addition to the paid holidays as set forth above, each full-time salaried employee shall be entitled to two extra days off with pay each calendar year. Such extra days shall be the choice of each employee, subject only to the approval of the department head.
(Ord. 1994-25. Passed 12-12-94.)
(c) Any substituted working day for a holiday day authorized as provided in subsection (a) hereof and the one extra day off provided for in subsection (b) hereof must be taken by each employee entitled thereto, during the calendar year of such holiday and in the calendar year in which the extra day off is earned; except, for the one-half day before Christmas, Christmas Day and the one-half day before New Year’s Day which if worked by any employee, may be taken before the end of the next calendar year.
(Ord. 1984-12. Passed 3-12-84.)
163.05 VACATIONS.
(a) Vacation eligibility becomes effective when the employee has been with the City one year after the date he was hired as a full-time, salaried employee. Each full-time salaried employee of the City shall be entitled after one year of completed service, to the equivalent of two calendar weeks’ vacation with full pay; for seven or more completed years of service, shall be entitled to three calendar weeks’ vacation with full pay; for thirteen or more completed years of service, shall be entitled to four calendar weeks’ vacation with full pay; and for twenty or more completed years of service, shall be entitled to five calendar weeks’ vacation with full pay.
(Ord. 1997-31. Passed 8-11-97.)
(b) Vacations as provided herein, shall be used at such times as approved by the head of the department responsible for such employee and in the case of department heads as approved by the City Manager.
It shall be the responsibility of each employee to schedule vacations and of the department head and City Manager to approve vacation times for each entitled employee so as to use vacation times on or before December 31 of each calendar year of employment.
Each employee entitled to vacation time under the provisions of this section shall be entitled to carry over unused vacation from one calendar year to the next calendar year but such carryover shall be limited to a maximum of 160 hours plus the number of vacation hours earned in excess of 160 as appears on such employee’s records as of December 31 of the immediate year preceding the carryover year. For the purposes of this subsection, the first computation date for determining the number of hours in excess of 160 shall be December 31, 1983.
(Ord. 1984-13. Passed 3-12-84.)
(c) Each employee of the City who on August 27, 1973 had been employed for a period of one year or more shall have transferred to his or her credit, years of service of employment with other Ohio political subdivisions to be used in the computation of vacation time as hereinabove provided.
Each employee, other than those qualifying under the provisions of the preceding paragraph, shall have transferred to his or her credit, years of service of employment with other Ohio political subdivisions, to be used in the computations of vacation time as hereinafter provided, except that such credit shall not be granted until the first anniversary of such employee’s employment with the City.
(d) When a regular employee’s service is terminated by the employer, either through resignation or retirement, the City Manager shall compute the employee’s accrued vacation to the date of termination and such employee shall be paid an amount equal to his daily rate of pay times the number of accrued vacation days.
(Ord. 1984-13. Passed 3-12-84.)
163.06 TRAVEL EXPENSES; MILEAGE ALLOWANCE.
In addition to regular salaries and compensation, travel expenses for official purposes shall be paid to officers and employees only when such trips and expenses are lawfully authorized by the City Manager or Council.
Any officer or employee authorized to make a trip on official City business shall keep a complete and accurate record of the expenses so incurred. An itemized statement of expenses incurred together with receipts and/or receipted bills shall be submitted to the City Manager or Council for approval. Upon approval, the statement shall be submitted to the Director of Finance for payment.
(Ord. 1984-1. Passed 1-9-84.)
Except where otherwise provided for, effective January 1, 1997, City personnel shall be allowed reimbursement for the use of personal vehicles when used for travel on official business in an amount approved and authorized by the IRS, and as that amount may change from time to time.
(Ord. 1997-10. Passed 3-10-97.)
163.07 MATERNITY LEAVE.
Maternity leave of absence, without pay, may be requested by and allowed to a pregnant, full-time City employee. A pregnant employee may be required to take maternity leave when such leave is considered in the best interests of the department or such employee. In any event, maternity leave shall not be granted for a period in excess of six months. An employee while on maternity leave shall be entitled to continue to receive hospitalization insurance and life insurance to the same extent as furnished to other full-time employees.
Maternity leave may be requested by and allowed to a pregnant, full-time City employee. At the time the request is made by the employee to be granted maternity leave or when she is requested to take such leave by her department head, such employee shall make an election as to which part, if any, of her accumulated sick pay shall be used during her maternity leave. The election so made shall be binding upon both the City and the employee.
(Ord. 1977-16. Passed 7-11-77.)
163.08 JURY DUTY.
A full-time employee who has been called for jury duty shall, upon notice to his department head, be paid his regular salary or wages less the amount of pay received for jury duty service.
(Ord. 1976-35. Passed 12-13-76.)
163.09 MILITARY TRAINING LEAVE.
All officers and employees of the City who are members of the Ohio National Guard, the Ohio Defense Corps, the Ohio Naval Militia, or who are members of other reserve components of the armed forces of the United States, are entitled to a leave of absence from their respective duties without loss of pay for such time as they are in the military service on field training or active duty for periods not to exceed thirty-one days in any one calendar year.
(Ord. 1976-35. Passed 12-13-76.)
163.10 TRAINING LEAVE.
Employees may be granted leave with pay to attend professional meetings, training institutes and conferences at the discretion of the City Manager or Council.
(Ord. 1976-35. Passed 12-13-76.)
163.11 EMERGENCY LEAVE.
If a serious or unexpected emergency occurs to an employee's spouse or children, or a member of the immediate family in his household, the employee shall be allowed to leave his duties while the emergency exists, upon approval of the department head.
Arrangements to enable the employee to return to his duties on the next duty day must be made if the emergency continues beyond the duty day when such emergency occurred.
(Ord. 1976-35. Passed 12-13-76.)
163.12 COST-OF-LIVING SALARY ADJUSTMENTS.
(EDITOR'S NOTE: Former Section 163.12 was repealed by Ordinance 1991-18, passed July 8, 1991.)
163.13 FRINGE BENEFITS.
(a) Full-time, salaried employees only shall be entitled to receive any and all of the fringe benefits as set forth in the code or as are, from time to time, approved by Council.
(Ord. 1976-35. Passed 12-13-76.)
(b) The City shall provide for each full-time salaried employee, a health insurance policy and a term life insurance policy in such face amounts and with premiums apportioned between the City and each employee as Council shall, from time to time, determine.
(Ord. 1996-8. Passed 3-25-96.)
(c) Council shall have the authorization to make exceptions to this section by motion approved by a majority of its members.
(Ord. 1976-35. Passed 12-13-76.)
163.14 WEATHER EMERGENCIES.
In the event of an emergency due to weather conditions, by reason of which certain employees are unable to report to work at their appointed times, Council may by motion or resolution designate a period of time as such an emergency and upon such designation by Council, the City Manager shall determine which employees were unable to report to work because of such emergency and each of such employees shall be entitled to his or her regular compensation for the missed work time. Those employees who the City Manager determined were able to report to work and did not, shall forfeit his or her compensation for the missed work time or have it charged as vacation time, if available. Those employees who do report for work during the designated emergency period shall be entitled to compensatory time off not to exceed eight hours for each day worked during such emergency.
(Ord. 1982-16. Passed 4-12-82.)
163.15 LONGEVITY PAY.
Full-time salaried employees of the City shall receive longevity pay in accordance with the following schedule:
Upon completion of 3 years service--1% of base;
Upon completion of 9 years service--2% of base;
Upon completion of 15 years service--3% of base;
Upon completion of 21 years service--4% of base.
Longevity pay shall be paid in a lump sum in the first paycheck in December following completion of the respective years of service.
(Ord. 1996-9. Passed 3-11-96.)
CHAPTER 165
Division of Recreation
165.01 Creation and composition.
165.02 Power and duties of Director.
CROSS REFERENCES
Contract interest - see CHTR. §5.08
Service Department - see ADM. Ch. 147
Division established; head - see ADM. 157.01
Employment provisions - see ADM. Ch. 163
Park and recreational facilities to be provided in urban redevelopment areas - see ADM. 191.08
Open burning - see FIRE PREV. Ch. 1505
165.01 CREATION AND COMPOSITION.
There is hereby created a Division of Recreation, which shall be composed of a Director, who shall be appointed by the City Manager in accordance with the Charter, and such other employees as may be authorized by Council.
(Ord.1972-43. Passed 8-7-72.)
165.02 POWER AND DUTIES OF DIRECTOR.
The Recreation Director shall be accountable to the Director of the Department of Service. The Director shall perform the following duties:
(a) Formulate and administer the recreation program of the City;
(b) Be responsible for the supervision and maintenance of City playgrounds, play fields, gymnasiums, swimming pools or indoor recreation centers;
(c) Be responsible for the training and instruction of other full or part-time employees assigned to the Recreation Division;
(d) Coordinate the programs and activities of the Recreation Division with other recreational activities being conducted within the City;
(e) Perform such other duties as the Director of the Department of Service may require.
(Ord.1972-43. Passed 8-7-72.)
CHAPTER 167
Board of Park Trustees
167.01 Creation and composition.
CROSS REFERENCES
State law provisions - see Ohio R.C. 755.20 et seq.
167.01 CREATION AND COMPOSITION.
There is hereby created and established a Board of Park Trustees, which Board shall consist of such number of members and shall have such duties as set forth in Ohio R.C. Sections 755.20 through 755.34 as they now exist or as hereafter amended.
(Ord. 1968-41. Passed 10-28-68.)
CHAPTER 169
Health Services
(EDITOR'S NOTE: Pursuant to Resolution 1961-5, passed August 7, 1961, the City Health District and Erie County General Health District have been combined to form a general health district as authorized by Ohio R.C. 3709.07.)
CROSS REFERENCES
Health districts - see Ohio R.C. Ch. 3709
Union of City with General Health District - see Ohio R.C. 3709.07
Duties of General Health District - see Ohio R.C. 3709.22 et seq.
CHAPTER 171
Shade Tree Commission
171.01 Establishment.
171.02 Term.
171.03 Compensation.
171.04 Duties.
171.05 Procedures.
CROSS REFERENCES
Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Assessment for tree planting and maintenance - see Ohio R.C. 727.011
Injury or destruction - see GEN. OFF. 541.06
171.01 ESTABLISHMENT.
There shall be created a commission to be known and designated as the Shade Tree Commission, composed of five citizens, all of whom shall be residents of the City. All of the members shall be appointed by the Mayor with approval of Council.
(Ord. 1989-14. Passed 6-26-89.)
171.02 TERM.
The term of the five persons of the Shade Tree Commission to be appointed by the Mayor and approved by Council shall be three years, except the term of the members appointed to the first Commission shall be as follows: two members for three years, two members for two years and one member for one year. In the event that a vacancy occurs during the term of any member, his/her successor shall be appointed by the Mayor with approval of Council for the unexpired portion of such term.
(Ord. 1989-14. Passed 6-26-89.)
171.03 COMPENSATION.
Members of the Shade Tree Commission shall serve without compensation, but shall be entitled to reimbursement for any and all necessary expenditures in carrying out the function of the Commission.
(Ord. 1989-14. Passed 6-26-89.)
171.04 DUTIES.
The duties of the Shade Tree Commission shall be as follows:
(a) To study the problems and determine the needs of the City in connection with its tree planting program.
(b) To recommend to the proper authority, the type and kind of trees to be planted upon such City streets or parts of City streets or in parks as is designated.
(c) To assist the properly constituted officials of the City, as well as Council and the residents of the City in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same are on private or public property, and to make such recommendations from time to time to Council as to desirable legislation concerning the tree program and activities for the Municipality.
(d) To provide regular and special meetings at which the subject of trees insofar as it relates to the Municipality may be discussed by the members of the Commission, officers and personnel of the City and its several divisions, and all others interested in the tree program.
(Ord. 1989-14. Passed 6-26-89.)
171.05 PROCEDURES.
The Commission shall meet and organize by the election of a chairman and a secretary. The Commission shall adopt its own rules and procedures for the holding of regular and special meetings as the Commission deems advisable in order to perform the duties set forth.
(Ord. 1989-14. Passed 6-26-89.)
CHAPTER 173
Disposition of City Property
173.01 Disposition of real property.
173.01 DISPOSITION OF REAL PROPERTY.
Real property owned by the City may be sold or leased upon a determination by Council that such real property is not needed for public use. Because real property is unique and the circumstances surrounding the disposition of that property are unique to each situation, Council shall determine the method of the sale or lease of such real property on a case by case basis and shall set forth that method in the ordinance authorizing that sale or lease. Council may authorize the City Manager to sell or lease real property by negotiation with one or more persons or by competitive bid, either formal or informal, as determined by Council in the authorizing ordinance.
(Ord. 1997-28. Passed 7-28-97.)
CHAPTER 175
Economic Development Committee
175.01 Committee established; membership.
175.02 Duties.
175.01 COMMITTEE ESTABLISHED; MEMBERSHIP.
There is hereby established, an Economic Development Committee consisting of seven persons, three of whom shall be members of this Council, three of whom shall be citizens at large who are either residents of the City or members of the Huron Chamber of Commerce, and one of whom shall be a member of the Board of Education of the Huron School District. At least four of the seven voting members shall be residents of the City. All members shall be appointed by the Mayor with the approval of this Council, shall serve at the pleasure of this Council and may be removed at a regularly scheduled meeting of this Council by a vote of a simple majority of the members attending such meeting. In addition to the seven members appointed by the Mayor with the approval of Council, there shall be three ex-officio, non-voting members, viz: the Huron City Manager, the Executive Director of the Huron Chamber of Commerce and the Executive Director of Greater Erie Marketing. (Ord. 2001-22. Passed 8-27-01.)
175.02 DUTIES.
It shall be the duty of the Economic Development Committee to consider and recommend to this Council those actions it deems appropriate for the economic development of the City and the enhancement of employment opportunities within the City. Such committee shall meet at least quarterly and shall make and publish its own rules of procedure.
(Ord. 2001-22. Passed 8-27-01.)
__________________________________________________
TITLE SEVEN - Judicial
Chap. 181. Municipal Court
CHAPTER 181
Municipal Court
EDITOR'S NOTE: The Huron Municipal Court having territorial jurisdiction within Huron Township except within the corporate limits of the City of Sandusky, has been established under Ohio R.C. 1901.01 et seq. Ohio R.C. 1901.25 provides that the Municipal Court may provide by rule how jurors shall be chosen. Jurors' fees in any criminal case involving the violation of a City ordinance shall be paid out of the City Treasury. The Municipal Court, pursuant to Ohio R.C. 1901. 26(A), may establish a schedule of fees and costs to be taxed in any action or proceeding, whether civil or criminal. Ohio R.C. 1901.31(F) provides that fines received for violation of Huron ordinances shall be paid into the City Treasury. Rule 13 of the Rules Governing Procedure in Traffic Cases as promulgated by the Ohio Supreme Court provides that a court shall establish a Traffic Violations Bureau and specifies certain restrictions as to the designated offenses and schedule of fines to be accepted as waiver payment in lieu of court appearance.
181.01 Credit of imprisonment for fine nonpayment.
CROSS REFERENCES
Release of Court Clerk's liability for loss of funds - see Ohio R.C. 131.18 et seq.
Municipal court - see Ohio R.C. Ch. 1901
Bond for Court Clerk required - see Ohio R.C. 1901.31 (D)
Notification to Director of liquor law convictions - see Ohio R.C. 4301.991
Record of traffic violations - see Ohio R.C. 4513.37
181.01 CREDIT OF IMPRISONMENT FOR FINE NONPAYMENT.
When a defendant has been convicted of a misdemeanor and has been ordered to stand committed to the jail of Erie County or the City of Huron, by the Judge of the Huron Municipal Court, until the fine and costs have been paid, such person so imprisoned shall receive credit upon such fine and costs at the rate provided in Ohio R.C. 2947.20.
(Ord. 1970-33. Passed 6-8-70.)
TITLE NINE - Taxation
Chap. 185. Income Tax.
Chap. 187. Motor Vehicle License Tax.
CHAPTER 185
Income Tax
185.01 Purpose.
185.02 Definitions.
185.03 Imposition of tax.
185.04 Effective period.
185.05 Annual return and payment of tax.
185.06 Collection at source; withholding by employer.
185.07 Declarations.
185.08 Duties of the Administrator.
185.09 Investigative powers of the Administrator; penalty for divulging confidential information.
185.10 Interest and civil penalties.
185.11 Collection of unpaid taxes, civil litigation; criminal prosecution; statute of limitations; refund of overpayments.
185.12 Board of Review.
185.13 Relief provisions; credit for tax paid to another municipality.
185.14 Collection of tax after termination of chapter.
185.15 Allocation of funds.
185.99 Violations; penalty.
CROSS REFERENCES
Annual tax budget - see CHTR. §6.02, 6.03
Tax levies - see CHTR. §6.04
Tax anticipation notes - see CHTR. §9.04
Payroll deductions - see Ohio R.C. 9.42
Municipal income taxes - see Ohio R.C. Ch. 718
State income tax - see Ohio R.C. Ch. 5747
Division of Income Taxation - see ADM. Ch. 137
185.01 PURPOSE.
To provide funds for the purposes of general municipal operations, maintenance, new equipment, extension and enlargement of municipal services and facilities and capital improvements of the City there shall be and is hereby, levied a tax on salaries, wages, commissions and other compensation and on net profits as hereinafter provided.
(Ord. 1998-37. Passed 12-7-98.)
185.02 DEFINITIONS.
As used in this chapter, the following words shall have the meaning ascribed to them in this section, except as and if the context clearly indicates or requires a different meaning.
(a) "Assignment" means the assignment made by a resident of Huron of claim for refund due from another taxing municipality granting credit to nonresidents thereof.
(b) "Administrator" means the individual designated by this chapter, appointed by the City Manager, approved by Council, to administer and enforce the provisions of this chapter.
(c) "Association" means a partnership, limited partnership or any other form of unincorporated enterprise, owned by two or more persons.
(d) "Board of Review" means the Board created by and constituted as provided in Section 185.12.
(e) "Business" means an 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.
(f) "City” means the City of Huron, Ohio.
(g) "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 of dependency except for a Sub "S" Corporation.
(h) "Employee" means one who works for wages, salary, commission or other type of compensation in the service of an employer and whose wages, salaries, or commissions are subject to withholding of Federal Income Tax, Social Security Tax, or Medicare Tax.
(i) "Employer" means an individual, partnership, association, corporation, governmental 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 compensation basis.
(j) "Fiduciary" means a guardian, trustee, executor, administrator, or any other person acting in any fiduciary capacity for any individual, trust, estate, or business.
(k) "Fiscal year" means an accounting period of twelve months or less ending on any day other than December 31.
(l) "Gross receipts" means the gross income from any source whatsoever.
(m) "Net profits" means a net 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, or system approved by the Administrator without deduction of taxes imposed by this chapter, federal, state, and other taxes, without deduction of salaries paid to partners and/or other owners; and otherwise adjusted to the requirements of this chapter.
(n) "Nonresident" means an individual domiciled outside of the City.
(o) "Nonresident unincorporated business entity" means an unincorporated business entity not having an office or place of business within the City.
(p) "Other Entity" means any person or unincorporated body not previously named or defined.
(q) "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, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
(r) "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 agents or employees regularly in attendance.
(s) "Resident" means an individual domiciled in the City.
(t) "Resident unincorporated business entity" means an unincorporated business entity having an office or place of business with the City.
(u) "Rental Income". Rental income received by a taxpayer shall be included in the computation of net profits from business activities only if and to the extent that the rental ownership, management or operations 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.
Where the gross monthly rental of any and all 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 such 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; provided further that in the case of farm property, the owner shall be considered engaged in a business activity when he shares in crops or when the rental is based on a percentage of the gross or net receipts derived from the farm whether or not the gross income exceeds such two hundred fifty dollars ($250.00) per month; and provided further that the person who operates a licensed rooming house shall be considered in business whether or not the gross income exceeds two hundred and fifty dollars ($250.00) per month.
(v) "Salaries, Wages, Commissions, and Other Compensation" means the total compensation paid to an individual in cash or in kind on an hourly, daily, weekly, monthly, annual, or other basis, including, but not limited to, the following: severance or termination pay; wage continuation payments made as a result of early retirement or employment termination; wage continuation payments made as a result of sickness or temporary disability and whether paid by the recipient's employer or by a third party; vacation or holiday pay; tips or gratuities received; group term insurance premiums paid on an employee's behalf to the extent included or includible on the employee's W-2 form; employee contributions to tax sheltered annuities, non-qualified pension plans, or into employer or third party trusts or pension plans as permitted by IRS and which may be excludable from wages for federal tax purposes; employee contributions to "Cafeteria Plans" as permitted by IRS under IRS Code Section 125 or 129 or similar plans and which may be excludable from wages for federal purposes; ordinary income portion of stock options or employee stock purchase plans; supplemental unemployment benefits (SUB Pay); strike pay; jury duty pay; employer or employee contributions or amounts credited to non- qualified pension plans or deferred compensation plans at the point of deferral and to the extent subject to Medicare Tax; working condition fringe benefits subject to tax by IRS; guardian, executor, conservator, trustee, or administrator fees; bonuses; ordinary income portion of lump sum distributions which become subject to federal tax because the recipient did not roll over the distribution within the time required by IRS.
(w) "Taxing municipality" means any municipal corporation levying a municipal income tax on salaries, wages, commissions and other compensation earned by individuals, and on the net profits earned from the operation of a business, profession or other activity.
(x) "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 of a fractional part of a year, the period for which such return is required to be made.
(y) "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.
The singular shall include the plural, and the masculine shall include the feminine and the neuter.
(Ord. 1998-37. Passed 12-7-98.)
185.03 IMPOSITION OF TAX.
(a) Tax to be Imposed on Certain Moneys. An annual tax for the purposes specified in Section 185.01 shall be imposed on and after February 1, 1970, at the rate of one percent (1%) per year upon the following:
(1) On all salaries, wages, commissions and other compensation and net profits from unincorporated business entities and professions earned or received during the effective period of this chapter by residents of Huron.
(2) On all salaries, wages, commissions and other compensation earned or received during the effective period of this chapter by nonresidents for work done or services performed or rendered in Huron.
(3) On the net profits attributable to Huron, earned by all resident unincorporated businesses, professions and other activities derived from work done or services rendered or performed and business or other activities conducted in Huron.
(4) On the net profits attributable to Huron of all nonresident unincorporated businesses, professions or other activities derived from work done or services performed or rendered and business or other activities conducted in Huron, whether or not such business has an office or place of business in Huron.
(5) On the portion of the distributive share of the net profit earned by a resident individual from a Sub-S Corporation, a limited liability company or other business entity which is located outside of Huron.
(6) On that portion of the distributive share of net profits of a resident individual, partner or owner or a nonresident unincorporated business entity.
(7) On the portion attributable to Huron of the net profits earned during the effective period of this chapter of all corporations derived from sales made, work done, services performed or rendered and business or other activities conducted in Huron, whether or not such corporations have an office or place of business in Huron.
(b) Tax on Business Doing Business Both Within and Without the City. The portion of the net profits attributable to Huron of a taxpayer conducting a business, profession or other activity both within and without the boundaries of Huron shall be determined as provided in Ohio R. C. 718.02 and in accordance with the rules and regulations adopted by the Administrator pursuant to this chapter.
(c) On all income derived anywhere from gaming, wagering, lotteries, or schemes of chance by residents of Huron or by nonresidents of Huron when the income derived from gaming, wagering, lotteries, or schemes of chance is won or received from Huron sources.
(d) On covenants not to compete and on cancellation of indebtedness to the extent includible on the taxpayer's federal tax return.
(e) Operating Loss Carry-Forward.
(1) The portion of a net operating loss sustained in any taxable year subsequent to February 1, 1970, allocable to Huron may be applied against the portion of the profit of succeeding year(s) allocable to Huron, until exhausted but in no event for more than five consecutive taxable years. No portion of a net operating loss shall be carried back against net profits of any prior year.
(2) The portion of a net operating loss sustained shall be allocated to Huron in the same manner as provided herein for allocating net profits to Huron.
(3) The Administrator shall provide by rules and regulations the manner in which such net operating loss carry-forward shall be determined.
(4) Taxpayers whose primary source of income subject to municipal taxation is from salaries and wages may not reduce their Huron tax liability by combining losses from other sources of income with their salary and wage income. They may carry the losses from the other source of income forward in accordance with paragraph (1) of this section.
Taxpayers who are married and who file jointly with the City of Huron may offset one spouse's wages with the loss from the other spouse's sources of income, subject to paragraph (1) of this section. Taxpayers who have no income from salaries and wages but who have profits from one or more business and losses from other businesses may offset the gains from the profitable businesses with the losses from the unprofitable businesses, subject to paragraph (1) of this section.
(5) If a resident of Huron operates a business or businesses (including rental) in another taxing municipality in Ohio and the business or businesses incur a loss, the amount of the loss is deemed primarily subject to the taxing jurisdiction of the other taxing municipality and may not be used to reduce the taxpayer's Huron tax base.
(f) Consolidated Returns.
(1) Filing of consolidated returns may be permitted or required in accordance with rules and regulations prescribed by the Administrator.
(2) In the case of 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 Huron constituting a portion only of its total business, the Administrator shall require such additional information as he may deem necessary to ascertain whether net profits are properly allocated to Huron. If the Administrator finds net profits are not properly allocated to Huron 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 of net profits to Huron.
(g) Exemptions; Sources of Income Not Taxed. The tax provided for herein shall not be levied on the following:
(1) Pay or allowance of active members of the armed forces of the United States because of active duty service or the 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 and only to the extent that the said income is exempt from federal income tax.
(2) Poor relief, unemployment insurance benefits except for supplemental unemployment benefits, IRS qualified retirement plans or similar payments paid as a result of retirement including disability benefits received from local, State or Federal governments or charitable, religious or educational organizations.
(3) Proceeds of insurance paid by reason of the death of the insured, pensions, including industrial pensions, disability benefits paid for total and permanent disability, annuities or gratuities not in the nature of compensation for services rendered from whatever source derived.
(4) Receipts from seasonal or casual entertainment, amusement, sports events and health and welfare activities when any such are conducted by bona fide charitable, religious or educational organizations and associations and only to the extent that the said income is exempt from Federal Income Tax.
(5) Alimony received.
(6) Personal earnings of any natural person under eighteen years of age.
(7) Compensations for personal injuries or for damages to property by way of insurance or otherwise but this exclusion does not apply to compensation paid for lost salaries or wages.
(8) Interest, dividends and other revenue from intangible property as set forth at Ohio R.C. 718.01.
(9) Gains from involuntary conversion, 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).
(10) 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.
(11) 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 a municipality to impose net income taxes.
(12) The amount of unreimbursed employee business expenses (2106 Expenses) which the employee deducted as an itemized deduction on his or her federal tax return. Taxpayer must furnish a copy of the Form 2106 and Schedule “A” as filed with IRS.
(h) Expenses Not Deductible. No deduction for health insurance premiums paid by self-employed taxpayers as permitted by IRS is permitted for the City of Huron.
No deduction for self-employment tax paid by self-employed taxpayers as permitted by IRS is permitted for the City of Huron.
No deduction for contributions to IRA or Keogh (H.R.10) plans by taxpayers as permitted by IRS is permitted for the City of Huron.
(Ord. 1998-37. Passed 12-7-98.)
185.04 EFFECTIVE PERIOD.
The 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 persons, businesses, professions or other activities earned from February 1, 1970, to and including the date of revocation of this chapter.
(Ord. 1998-37. Passed 12-7-98.)
185.05 ANNUAL RETURN AND PAYMENT OF TAX.
(a) Each resident of Huron regardless of whether a tax is due and any person or entity subject to the tax imposed by this chapter shall, whether or not a tax is due thereon, prepare and file a return on or before April 30, 1970, and on or before April 30th 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 such fiscal year or period.
(b) The return shall be filed with the Administrator on a form or forms furnished by or obtainable upon request from the Administrator setting forth:
(1) A. The aggregate amounts of salaries, wages, commissions and other compensation earned; and,
B. The gross income from a business, profession or other activity less allowable expenses incurred in the acquisition of such gross income to arrive at a net profit.
C. Such income shall include only income earned during the year, or portion thereof, covered by the return and subject to the tax imposed by this chapter;
(2) The amount of the tax imposed by this chapter on such salaries, commissions, and net profits less any credits to which the taxpayer may be entitled under the provisions of Sections 185.06, 185.07, or 185.13.
(3) Such other pertinent statements, information returns, or other information as the Administrator may require.
(4) The tax return shall be deemed filed when postmarked by the United States Post Office or on the date delivered during normal business hours to the Tax Office.
(c) Extension of Time for Filing Returns. Taxpayers granted extensions of time for filing their federal income tax returns may have an extension time for filing their Huron Tax Return provided that a copy of the federal extension is filed with the Tax Administrator on or before the due date of the Huron tax return.
The extended date for filing the Huron return will be the same as the extended date for the federal return regardless of the original due date of the tax return. Statutory interest will be charged from the original due date of the return until date of actual payment provided payment in full is received on or before the extended date.
If a taxpayer wishes to extend the time for filing the Huron tax return to a date other than that provided by the automatic federal extension, the taxpayer must file such a request in writing to the Tax Administrator prior to the original due date of the return. The extension may be granted by the Tax Administrator upon terms and conditions set forth by him or her.
(d) Partnerships and Sub-S corporations subject to the tax must file an annual tax return but the partners or members thereof may elect to file an individual return and report thereon their distributive share of the profits or losses in lieu of the partnership or Sub-S corporation paying the tax on the entire profit.
(e) (1) The taxpayer making a return shall, at the time of filing thereof, pay to the Administrator the balance of tax due, if any, after deducting:
A. The amount of Huron income tax deducted or withheld at the source pursuant to Section 185.06;
B. Such portion of the tax as has been paid on declaration by the taxpayer pursuant to Section 185.07;
C. Any credit allowable under the provisions of Section 185.13.
(2) Should the return, or the records of the Administrator, indicate an overpayment of the tax to which the City of Huron is entitled under the provisions of this chapter, such overpayment shall first be applied against any existing liability including penalties and interest and the balance, if any, at the election of the taxpayer communicated to the Administrator, shall be refunded or transferred against any subsequent liability.
(f) (1) 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 and/or limitations contained in Sections 185.11 and 185.13. Such amended returns shall be on a form obtainable on request from the Administrator. A taxpayer may not change the method of accounting or appointment of net profits after the due date for filing the original return.
(2) Within three months from the final determination of any federal tax liability affecting the taxpayer's Huron tax liability, such taxpayer shall make and file an amended Huron return showing income subject to the Huron 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. 1998-37. Passed 12-7-98.)
185.06 COLLECTION AT SOURCE; WITHHOLDING BY EMPLOYER.
(a) (1) Each employer within or doing business within the City of Huron who employs one or more persons on a salary, wage, commission or other compensation basis shall, at the time of payment thereof, deduct the tax of one percent (1%) from the gross salaries, wages, commissions or other compensation earned or received by Huron residents regardless of where such compensation was earned and shall deduct the tax of one percent (1%) from the salaries, wages, commissions or other compensation earned or received within Huron by nonresidents.
(2) Notwithstanding the provisions of subsection (a)(l) hereof, where such employer employs a Huron resident in another taxing municipality requiring such employer to deduct its tax from all employees engaged therein, such employer shall withhold for and remit to the City of Huron only the difference, if any, between the tax imposed by such other taxing municipality and the tax imposed by this chapter or shall withhold Huron tax on 100% of the income subject to Huron tax if the Huron resident/employee is employed in a location where a municipal tax is not imposed.
(3) Each such employer shall, on or before the last day of each month, make a return and remit to the City of Huron tax withheld in the previous month on a form furnished by the Administrator. Such return shall be on a form or forms prescribed by or acceptable to the Administrator and shall be subject to the rules and regulations prescribed therefor by the Administrator. 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. However, if the amount of tax deducted by an 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.
(4) On or before January 31 following any calendar year, such employer shall file with the Administrator an annual reconciliation return along with an information return for such employee from whom Huron income tax has been, or should have been withheld, showing the name, address and Social Security number of the employee, the total amount of compensation paid during the year and the amount of municipal income tax withheld from the employee with the municipality for which said tax was withheld identified. The information return shall include all of the information required to be reported by the employer to IRS on a W-2 Form. At the time of filing the annual reconciliation return, the employer shall pay over any amounts deducted or which should have been deducted during the preceding year but which were not remitted. The annual reconciliation form shall be obtained from the Tax Administrator.
(5) All individuals, businesses, employers, brokers or others who are required under the Internal Revenue Code to furnish forms 1099 to IRS for individuals or businesses to whom or which they have nonemployee compensation, shall furnish copies of the said form 1099's to the Tax Administrator or in lieu thereof, a listing containing the same information as required by IRS on the 1099's on or before the due date for such forms 1099's as established by IRS. Failure to provide the foregoing information may result in any deduction for payment by the taxpayer taken on the taxpayer's tax return to be disallowed.
(6) All returns and forms required to be filed by an employer are considered filed on the date postmarked by the United States Post Office or the date delivered without mailing by the taxpayer to the Huron Tax Office.
(7) The officer or employee having control or supervision or charged with the responsibility of filing the return and making the payment, shall be personally liable for failure to file the return and making the payment or pay the taxes, penalty and interest due as required herein. The dissolution, bankruptcy, or reorganization of any such employer does not discharge an officer's or employer’s liability for a prior failure of such business to file a return or pay taxes and penalty and interest due.
(Ord. 1998-37. Passed 12-7-98.)
185.07 DECLARATIONS.
(a) Every person who anticipates any taxable income which is not subject to Section 185.06, or who engages in any business, profession, enterprise or activity subject to the tax imposed by Section 185.03 shall file a declaration setting forth such estimated income or the estimated profit or loss from such business activity together with the estimated tax due thereon. No declaration or payment of estimated tax is required if the estimated tax for the current year amounts to not more than ten dollars ($10.00) or if a person's income is wholly from wages from which the tax will be withheld and remitted to the City of Huron in accordance with Section 185.06.
(b) (1) Such declaration shall be filed on or before April 30 of each year during the life of this chapter or within four months of the date the taxpayer becomes subject to tax for the first time.
(2) Those taxpayers reporting on a fiscal year basis shall file a declaration within four months after the beginning of each fiscal year or period.
(c) (1) Such declaration shall be filed upon a form furnished by, or obtainable from, the Administrator. Credit shall be taken for Huron income tax to be withheld if any, from any portion of such income. In addition, credit may be taken for tax payable to other taxing municipalities in accordance with the provisions of Section 185.13.
(2) 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.
(d) The taxpayer making the declaration shall, at the time of the filing thereof, pay to the Administrator at least one-fourth of the estimated annual tax due after deducting:
(1) Any portion of such tax to be deducted or withheld at the source pursuant to Section 185.06;
(2) Any credits allowable under the provisions of Section 185.13; and
(3) Any overpayment of previous year's tax liability which taxpayer has not elected to have refunded.
At least a similar amount shall be paid on or before the last day of the month following the seventh and tenth months after the beginning of the taxpayer's taxable year and on or before the last day of the first month of the succeeding year following the taxable year; provided that in case an amended declaration has been duly filed, or the taxpayer is taxable for a portion of the year only, the unpaid balance shall be paid in equal installments on or before the remaining payment dates.
(e) On or before the last day of the fourth month of the year following that for which such declaration or amended declaration was filed, an annual return shall be filed and any balance which may be due to the City of Huron shall be paid therewith in accordance with the provisions of Section 185.05. Provided, however, that 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 such 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. 1998-37. Passed 12-7-98.)
185.08 DUTIES OF THE ADMINISTRATOR.
(a) (1) It shall be the duty of the Administrator of Taxation of Huron, Ohio to receive the tax imposed by this chapter in the manner prescribed herein from the taxpayers; to keep an accurate record thereof; and to report all moneys so received.
(2) It shall be the duty of the Administrator to enforce payment of all taxes owing Huron, to keep accurate records for a minimum of five years showing the amount due from each taxpayer required to file a declaration and/or make any return, including taxes withheld and to show the dates and the amounts of payments thereof.
(b) The Administrator 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 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.
The Administrator 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 Administrator 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 owned 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 185.11 and 185.99 shall apply.
(c) In any case where a taxpayer has failed to file a return or has filed a return which does not show the proper amount of tax due, the Administrator may determine the amount of tax appearing to be due Huron from the taxpayer and shall send to such taxpayer a written statement showing the amount of tax so determined, together with interest and penalties thereon, if any.
(d) Subject to the consent of the Board of Review or pursuant to regulation approved by the Board, the Administrator shall have the power to compromise any interest or penalty, or both, imposed by Section 185.10.
(Ord. 1998-37. Passed 12-7-98.)
185.09 INVESTIGATIVE POWERS OF THE ADMINISTRATOR; PENALTY FOR DIVULGING CONFIDENTIAL INFORMATION.
(a) The Administrator, 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 Administrator believes is subject to the provisions of this chapter, for 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 Administrator, or his duly authorized agent or employee, the means, facilities and opportunity for making such examinations and investigations as are hereby authorized.
(b) The Administrator 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 inquiry.
(c) The refusal to produce books, papers, records and federal income tax returns, or the refusal to submit to such examinations by any employer or person subject or presumed to be subject to the tax or by any officer, agent or employee of a person subject to the tax required to withhold tax or the failure of any person to comply with the provisions of this section or with an order or subpoena of the Administrator authorized hereby shall be deemed a violation of this chapter, punishable as provided in Section 185.99.
(d) 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 which includes the exchange of information with other tax authorities and, except in accordance with proper judicial order. Any person divulging such information in violation of this section shall be subject to the penalty provided in Section 185.99. Each disclosure shall constitute a separate offense.
In addition to the above penalty, any employee of the City who violates the provisions of this section relative to the disclosure of confidential information shall be guilty of an offense punishable by immediate dismissal.
(e) 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. 1998-37. Passed 12-7-98.)
185.10 INTEREST AND CIVIL PENALTIES.
(a) Interest. All taxes imposed and all moneys withheld or required to be withheld by employers under the provisions of this chapter and remaining unpaid after they become due shall bear interest at the rate of one percent (1%) per month or any portion thereof.
(b) Penalties. In addition to interest as provided in subsection (a) hereof, penalties based on the unpaid tax are hereby imposed as follows:
(1) For failure to pay taxes due - other than taxes withheld: ten percent per year computed on a monthly basis, but not less than twenty-five dollars($25.00).
(2) For failure to remit taxes withheld for employees: ten percent per month or fraction thereof, but accumulated penalty shall not exceed fifty percent upon any unpaid amount and shall not be less than twenty-five dollars ($25.00).
(c) Exceptions. A penalty shall not be assessed on an additional tax assessment made by the Administrator when a return has been filed in good faith and the tax paid thereon within the time prescribed by the Administrator; and provided further, that in the absence of fraud, penalty shall not be assessed on any additional tax assessment resulting from a federal audit, providing an amended return is filed and the additional tax, if any, is paid within three months after final determination of the federal tax liability as set forth at Section 185.05(e). Interest on any additional tax due will be assessed from the original due date of the return at the rate of one percent (1%) per month or portion thereof. Interest will be paid on any overpayment of tax from the original due date ofthe return at the rate set forth at Ohio R.C. 718.06 D. and Ohio R.C. 5703.47.
(d) Abatement. Upon recommendation of the Administrator, the Board of Review may abate penalty or interest, or both, or upon an appeal from the refusal of the Administrator to recommend abatement of penalty and interest, the Board may nevertheless abate penalty or interest, or both.
(Ord. 1998-37. Passed 12-7-98.)
185.11 COLLECTION OF UNPAID TAXES, CIVIL LITIGATION; CRIMINAL PROSECUTION; STATUTE OF LIMITATIONS; REFUNDS OF OVERPAYMENTS.
(a) 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. Such suit shall be brought within three years after the tax was due or the return was filed, whichever is later. However in those cases in which the Commissioner of Internal Revenue and the taxpayer have executed a waiver of the federal statute of limitation, the period within which an additional assessment may be made by the Administrator shall be one year from the time of the final determination of the federal tax liability.
(b) Prosecutions for an offense made punishable under this chapter shall be
commenced within three (3) years after the commission of the offense, provided that in the case of fraud, failure to file a return, or the omission of twenty-five percent (25%) or more of the compensation or net profits required to be reported, prosecutions may be commenced within six (6) years after the commission of the offense. Taxes erroneously paid or withheld shall not be refunded unless a claim for refund is made within the time specified in Ohio R.C. 718.06.
(Ord. 1998-37. Passed 12-7-98.)
185.12 BOARD OF REVIEW.
(a) A Board of Review, consisting of a chairman and two other individuals each to be appointed by the City Manager and approved by Council, is hereby created. The first three members of the Board of Review shall be appointed in the following manner: One to serve for a term of two years; one to serve for a term of four years; and one to serve for a term of six years.
At the expiration of each term of office set forth above, the succeeding member shall be appointed for a term of six years. 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 185.09 with reference to the confidential character of information required to be disclosed by this chapter shall apply to such matters and may be heard before the Board on appeal.
(b) All rules and regulations and amendments or changes thereto, which are adopted by the Administrator 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 Administrator, and, at the request of the taxpayer or Administrator, is empowered to substitute alternate methods of allocation.
(c) Any person dissatisfied with any ruling or decision of the Administrator 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 Administrator, and the Board shall, on hearing, have jurisdiction to affirm, reverse or modify any such ruling or decision, or any part thereof. A decision on a taxpayer's appeal must be rendered within sixty (60) days from the date of the final hearing of the appeal.
(Ord. 1998-37. Passed 12-7-98.)
185.13 RELIEF PROVISIONS; CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY.
It is the intent of this section that a taxpayer, subject to tax in more than one municipality on the same income, who has complied with the provisions hereof, shall not be required by this chapter to pay a total Municipal income tax on such income greater than 150 percent (150%) of the tax imposed at the higher rate, notwithstanding any other provision of this chapter.
(a) Residents of Huron.
(1) When a resident of Huron is subject to and has paid, or has acknowledged liability for, a municipal income tax in another municipality on the same income taxable under this chapter and such other municipality does not allow credit to its nonresidents, such Huron resident may claim a credit of fifty percent (50%) of the amount of such tax paid to such other municipality, but not in excess of the Huron tax.
(2) When a resident of Huron is subject to and has paid, or has acknowledged liability for, a municipal income tax in another municipality on the same income taxable under this chapter, then such resident may claim fifty percent (50%) credit allowance against the City of Huron income tax.
(b) Nonresidents of Huron. When a nonresident of Huron is subject to the tax imposed by this chapter and is also subject to tax on the same income in the municipality of his residence he shall not be allowed any credit or claim of refund, nor will the City of Huron acknowledge or allow any claim for refund of any portion of such tax so levied.
(c) Claim for Credit. The credits provided for in subsection (a) hereof will not be allowed unless the same are claimed in a timely return or form acceptable to, and filed with the Administrator. In the event a taxpayer fails, neglects or refuses to file such timely return or form, he shall not be entitled to such credit and shall be liable for the full amount of tax assessed by this chapter, together with such interest and penalties, both civil and criminal, as prescribed in this chapter.
(d) No credit shall be given to any taxpayer for any school district tax.
(Ord. 1998-37. Passed 12-7-98.)
185.14 COLLECTION OF TAX AFTER TERMINATION OF CHAPTER.
(a) This chapter shall continue effective insofar as the levy of taxes is concerned until revoked, and insofar as the collection of taxes levied hereunder and actions or proceedings for collecting any tax so levied or enforcing any provisions of this chapter are concerned, it shall continue effective until all of such taxes levied in the aforesaid period are fully paid and any and all suits and prosecutions for the collection of such taxes or for the punishment of violations of this chapter have been fully terminated, subject to the limitations contained in Sections 185.11 and 185.99.
(b) Annual returns due for all or any part of the last effective year of this chapter shall be due on the date provided in Sections 185.05 and 185.06 as though the same were continuing.
(Ord. 1998-37. Passed 12-7-98.)
185.15 ALLOCATION OF FUNDS.
The funds collected under the provisions of this chapter shall be applied for the following purposes:
(a) Such part thereof as shall be necessary to defray all costs of collecting the taxes levied by this chapter and the cost of administering and enforcing the provisions thereof.
(b) After providing for the allocation of funds set forth in subsection (a) hereof, not less than ten percent (10%) of the funds shall be set aside, appropriated and paid as follows:
(1) Into the General Bond Retirement Fund, an amount equal to the annual principal and interest payments on the $424,000 City Building bonds, the $60,000 Fire Station bonds and the $350,000 Service Building bonds;
(2) Into the Capital Improvement Fund, the amount remaining after providing for the amount provided in subsection (b)(1) hereof.
(c) The funds remaining after providing for the allocations set forth in subsections (a) and (b) shall be used for any purpose as may be determined by ordinance of the Council.
(Ord. 1998-37. Passed 12-7-98.)
185.99 VIOLATIONS; PENALTY.
(a) Any person who:
(1) Fails, neglects or refuses to make any return or declaration or other required information form required by this chapter, or,
(2) Makes any incomplete, false or fraudulent return; or,
(3) Fails, neglects or refuses to pay the tax, penalties or interest imposed by this chapter; or,
(4) Fails, neglects or refuses to withhold the tax from his employees or remit such withholding to the Administrator; or,
(5) Refuses to permit the Administrator 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; or,
(6) Fails to appear before the Administrator 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 Administrator; or,
(7) Refuses to disclose to the Administrator any information with respect to the income or net profits of a taxpayer; or,
(8) Fails to comply with the provisions of this chapter or any order or subpoena of the Administrator authorized hereby; or,
(9) Gives to an 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; or,
(10) Fails to use ordinary diligence in maintaining proper records of employees' residence addresses, total wages paid and Huron tax withheld, or to knowingly give the Administrator false information; or,
(11) Attempts to do anything whatever to avoid the payment of the whole or any part of the tax, penalties or interest imposed by this chapter; shall, upon conviction, be guilty of a 3rd degree misdemeanor.
(b) Every taxpayer having a taxable income, not having a tax due thereon and failing, neglecting or refusing to make any return or declaration required by this chapter shall be subject to a penalty of twenty-five dollars ($25.00) for such failure, neglect or refusal, such fine to be imposed by the City Administrator.
(c) All prosecutions under this section must be commenced within the time specified in the Ohio R.C. 718.06.
(d) 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. 1998-37. Passed 12-7-98.)
CHAPTER 187
Motor Vehicle License Tax
187.01 Purpose.
187.02 Imposition of Tax.
187.03 Effective period.
187.04 Additional tax levied.
CROSS REFERENCE
Power to levy - see Ohio R.C. 4504.06, 4504.172
187.01 PURPOSE.
For the purpose of paying the costs and expenses of enforcing and administering the tax provided for in this chapter; and for planning, constructing, improving, maintaining and repairing public roads, highways and streets; maintaining and repairing bridges and viaducts; paying the municipal corporation's portion of the costs and expenses of cooperating with the Department of Transportation in the planning, improvement and construction of State highways; paying the City's portion of the compensation, damages, cost and expenses of planning, constructing, reconstructing, improving, maintaining and repairing roads and streets; paying any costs apportioned to the City under Ohio R.C. 4907.47; paying debt service charges on notes or bonds of the City issued for such purposes; purchasing, erecting and maintaining street and traffic signs and markers; purchasing, erecting and maintaining traffic lights and signals; and to supplement revenue already available for such purposes, there is hereby levied an annual license tax, in addition to the tax levied by Ohio R.C. 4503.02, 4503.07 and 4503.18, upon the operation of motor vehicles on the public roads or highways.
(Ord. 1975-19. Passed 6-23-75.)
187.02 IMPOSITION OF TAX.
Such tax shall be at the rate of five dollars ($5.00) per motor vehicle on all motor vehicles the district of registration of which, as defined in Ohio R.C. 4503.10 is in the City and which are not subject to a County motor vehicle license tax previously levied by a resolution adopted pursuant to Ohio R.C. 4504.02. Such tax shall be in addition to the taxes at the rates specified in Ohio R.C. 4503.04 and 4503.16 subject to quarterly reductions in the manner provided in Ohio R.C. 4503.13 and the exemptions provided in Ohio R.C. 4503.101 (4503.10.1), 4503.16, 4503.17 and 4503.171 (4503.17.1).
(Ord. 1975-19. Passed 6-23-75.)
187.03 EFFECTIVE PERIOD.
The tax levied herein shall be effective with the 1976 motor vehicle registration year and shall continue in effect until the same shall be rescinded by Council by proper legislation.
(Ord. 1975-19. Passed 6-23-75.)
187.04 ADDITIONAL TAX LEVIED.
(a) There is hereby levied an annual license tax upon the operation of motor vehicles on the public roads or highways pursuant to Ohio R.C. 4504.172, for the purposes of paying the costs and expenses of enforcing and administering the tax provided for in this section; and to provide additional revenue for the purposes set forth in Ohio R.C. 4504.06; and to supplement revenue already available for such purposes.
Such tax shall be at the rate of five dollars ($5.00) per motor vehicle on each and every motor vehicle the district of registration of which, as defined in Ohio R.C. 4503.10, is in the City.
As used in this section "motor vehicle" means any and all vehicles included within the definition of motor vehicles in Ohio R.C. 4501.01 and 4505.01.
(b) The tax imposed by this section shall apply to and be in effect for the registration year commencing January 1, 1988 and shall continue in effect and application during each registration year thereafter.
(c) The tax imposed by this section shall be paid to the Registrar of Motor Vehicles of the State or to a deputy registrar at the time application for registration of a motor vehicle is made as provided in Ohio R.C. 4503.10.
(d) All moneys derived from the tax hereinbefore levied shall be used by the City for the purposes specified in this section.
(Ord. 1987-13. Passed 8-24-87.)
TITLE ELEVEN - Urban Renewal
Chap. 191. Standards and Procedures.
CHAPTER 191
Standards and Procedures
191.01 Necessity.
191.02 Council policy.
191.03 Definitions.
191.04 City Manager; responsibility.
191.05 Preparation; studies; plans.
191.06 Contents of plan; relocation plan; supporting documentation.
191.07 Action by Planning Commission.
191.08 Public hearing; Council action.
191.09 Federal aid contracts.
191.10 Modification of urban renewal and general neighborhood renewal plan.
191.11 Execution of urban renewal projects.
191.12 Finance.
191.13 Building permits.
191.14 Tax exemption.
CROSS REFERENCES
Appropriation of property - see Ohio Const., Art. I, §19; Art. XVIII, §10, 11
Procedure for appropriation of property - see Ohio R.C. Ch. 163, 719
Power to transfer or convey real property without bids - see Ohio R.C. Ch 725
Urban renewal debt retirement fund - see Ohio R.C. Ch. 725
191.01 NECESSITY.
It is hereby found and determined that there exist within the City slum, blighted, deteriorated and deteriorating areas of the nature defined in this chapter which constitute a serious and growing menace injurious and inimicable to the public health, safety, morals and general welfare of the residents thereof; that the existence of such areas (a) contributes substantially and increasingly to the spread of disease and crime and to losses by fire and accident, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection and for other public services and facilities; (b) constitutes an economic and social liability, and (c) substantially impairs and arrests the sound growth of the community; retards the provisions of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; that this menace is beyond remedy and control solely by regulatory processes and exercise of the police power and cannot be dealt with effectively by the ordinary operation of private enterprise without the aids herein provided; that the elimination in whole or in part of slum, blighted, deteriorated and deteriorating areas and the prevention of occurrence or recurrence of such areas by redevelopment and by the conservation, rehabilitation and reconditioning to the extent feasible, of the salvageable portions of such areas and by other activities pursuant to urban redevelopment or urban renewal as defined herein, are public uses and purposes for which public money may be expended and private property acquired by purchase, by donation and by eminent domain and are governmental functions of concern to the City and require the exercise of the powers of government granted to the City by the provisions of Article XVIII of the Ohio Constitution and that the necessity in the public interest and general welfare, for the provisions of this chapter is hereby declared as a matter of legislative determination.
(Ord. 1966-27. Passed 5-9-66.)
191.02 COUNCIL POLICY.
It is hereby declared to be the policy of Council to promote and encourage the sound development, including renewal and redevelopment where necessary, of the entire City in accordance with the general plan for the City. Council realizes that the City government will be unable to carry out coordinated and effective programs for renewing the City without the cooperation and support of the public as a whole. Therefore, Council stands ready to cooperate with private enterprise, civic groups, neighborhood agencies and governmental agencies in developing and carrying out urban renewal programs and projects to promote the sound development of new areas, to prevent the spread of slums and blight and to eliminate slums, blighted, deteriorated and deteriorating areas in the City.
(Ord. 1966-27. Passed 5-9-66.)
191.03 DEFINITIONS.
For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section unless a different meaning is clearly indicated in the context.
(a) "Agency", "urban renewal agency", "local public agency" or "City" means the City of Huron, Ohio.
(b) "Slum, blighted or deteriorated area" means an area within the corporate limits of the City in which there are a majority of structures or other improvements, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation or open spaces, high density of population and overcrowding, unsafe and unsanitary conditions or the existence of conditions which endanger life or property by fire or other hazards and causes or any combination of such factors, and an area with overcrowding or improper location of structures on the land, excessive dwelling unit density, detrimental land uses or conditions, unsafe, congested, poorly designed streets or inadequate public facilities or utilities, all of which substantially impair the sound growth and planning of the community, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime and is detrimental to the public health, safety, morals and general welfare.
(c) "Deteriorating area" means either:
(1) An area, whether predominately built up or open, which is not a slum, blighted or deteriorated area but which, because of incompatible land uses, nonconforming uses, lack of adequate parking facilities, faulty street arrangement, obsolete platting, inadequate community and public utilities, diversity of ownership, tax delinquency, increased density of population without commensurate increases in new residential buildings and community facilities, high turnover in residential or commercial occupancy, lack of maintenance and repair of buildings, or any combination thereof, is detrimental to the public health, safety, morals and general welfare, and which will deteriorate or is in danger of deteriorating into a slum, blighted or deteriorated area; or
(2) An area consisting principally of land in highways, railway or subway tracks, bridge or tunnel entrances or other similar facilities, which have a blighting influence on the surrounding area and over which air right sites can be developed thereby eliminating such blighting influence,
(d) "Project area", "urban redevelopment area" or "urban renewal area" means a slum, blighted, deteriorated or deteriorating area or any combination or part thereof which Council designates as of a character and size appropriate for urban renewal activities and for which an urban redevelopment plan or urban renewal plan is proposed or prepared.
(e) "General neighborhood renewal area" means an urban renewal area or areas, together with any adjoining areas having specially related problems, of such scope that urban renewal activities in the urban renewal area or areas may have to be initiated in more than one separate urban renewal project, over an estimated period of up to eight years.
(f) "Urban renewal" or "urban redevelopment" means the activities of the City, with or without federal or State aid or assistance, for developing, undertaking and carrying out of urban renewal or redevelopment programs and projects, including all planning and other related activities of the City in connection therewith, or any part of such activities.
(g) "Open space land" means land which has not been developed by the construction or installation of streets, utilities, buildings (except sporadic or incidental structures) or other site improvements. Whether or not such an area has been platted in whole or in part does not prevent its classification as "open space land".
(h) "Redeveloper" means any person or entity (1) purchasing property from the City within a project area or (2) owning property located within such area and entering into a conforming agreement with the City in consideration of being permitted by the City to retain title to such property.
(i) "Urban renewal plan" or "urban redevelopment plan" means a plan as it exists, from time to time, for the urban renewal or redevelopment of a project area or part thereof.
(j) "General neighborhood renewal plan" means the plan and program as it exists, from time to time, for the urban renewal or redevelopment of a general neighborhood renewal area. The general neighborhood renewal plan need not contain all of the required contents set forth in Section 191.06 hereof with respect to an urban renewal plan or urban redevelopment plan. Approval of the general neighborhood renewal plan by Council does not create authority to carry out project execution activities.
(k) "Urban renewal project", "urban redevelopment project" or "project" means undertakings and activities of the City, with or without federal or state aid or assistance, in a project area for the elimination and prevention of the development or spread of slum, blighted, deteriorated or deteriorating areas, and may involve clearance and redevelopment in a project area or rehabilitation and conservation in a project area, or any combination or part thereof, in accordance with the urban renewal or urban redevelopment plan for the project area to the full extent of and in accordance with the rights, powers and authority of the City, whether derived from the applicable provisions of the Federal or State Constitution or statutes, or the City Charter or City ordinances. Such undertakings and activities in a project area may include:
(1) Acquisition of realty, including the acquisition of air rights.
(2) Demolition and removal of buildings and improvements.
(3) Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out the urban renewal or urban redevelopment plan.
(4) Disposition of property for uses in accordance with the urban renewal or urban redevelopment plan.
(5) Encouraging and assisting interested citizens in a private program of voluntary repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan, with or without aid and assistance by Federal Housing Administration mortgage insurance or special support for mortgage financing through the Federal National Mortgage Association or similar organizations.
(6) Acquisition of any real property where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen such lot occupancy or population density as create such conditions, eliminate uses incompatible with the general character of a neighborhood and which are detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities, and disposition of property, so acquired herein, for voluntary repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan.
(7) Construction of foundations and platforms necessary for the appropriate provision of air right sites in accordance with the urban renewal or urban redevelopment plan.
(8) Acquisition, repair or rehabilitation for guidance purposes and resale of structures which, under the urban renewal plan, are to be repaired or rehabilitated for dwelling use or related facilities, provided that there shall not be acquired for such purposes in any project area buildings which contain or will contain more than 100 dwelling units, or five percent of the total number of dwelling units in such area which, under the urban renewal plan, are to be repaired or rehabilitated, whichever is the lesser.
(9) Relocating, within the project area, a structure which the City determines to be of historic value and which will be disposed of to a public body or a private nonprofit organization which will renovate and maintain such structure for historic purposes. The urban renewal project shall not include the construction or improvement by the City of any building other than municipal buildings, except as provided in subsections (k)(7) and (8) hereof and this subsection (k)(9).
(l) "General plan" or "master plan" means a broad and general guide and pattern for the future growth and development of the City, including maps, plats, charts and descriptive, interpretive and analytical narratives, as may be appropriate, and specifically shall mean the Comprehensive Community Plan of Huron, Ohio, as adopted by the Planning Commission on February 2, 1965, pursuant to Ohio R.C. 713.02, and any subsequent amendments thereto.
(m) "Slum clearance" or "clearance" or "urban redevelopment" may include those undertakings and activities identified in subsections (k)(l), (2), (3), (4) and (7).
(n) "Rehabilitation", "conservation" or "reconditioning" may include those undertakings and activities identified in subsections (k)(3), (4), (5), (6), (8) and (9).
(Ord. 1966-27. Passed 5-9-66.)
191.04 CITY MANAGER; RESPONSIBILITY.
The City Manager is hereby charged with the responsibility of supervising the urban renewal and urban redevelopment activities of the City, coordinating the activities of the several officers, employees, commissions and boards concerned with such projects and executing on behalf of the City, as its authorized representative, all applications to the Federal government for grants, loans and advances.
(Ord. 1966-27. Passed 5-9-66.)
191.05 PREPARATION; STUDIES; PLANS.
(a) Upon the recommendation of the City Manager and approval by Council, the City Manager shall enter into such contracts on behalf of the City with engineers, architects and other professional services as may be necessary to provide the necessary inspections, studies, plans, surveys and reports in connection with the preparation of the general neighborhood renewal plan and in connection with the urban renewal or redevelopment activities to be undertaken by the City to the extent that funds have been appropriated therefor. The Planning Commission may conduct such inspections, studies, plans, surveys and reports.
(b) When studies, plans, surveys or reports pursuant to subsection (a) hereof have been prepared, they shall be submitted to Council and filed as provided from time to time.
(Ord, 1966-27. Passed 5-9-66.)
191.06 CONTENTS OF PLAN; RELOCATION PLAN; SUPPORTING DOCUMENTATION.
(a) Any urban renewal or redevelopment plan hereafter prepared shall be prepared in such detail as to clearly set forth sufficient information to permit the Planning Commission to exercise its power of approval or disapproval under Ohio R.C. 713.02, and in any event such plan shall include, but shall not be limited to the following:
(1) A description of the boundaries of the project area;
(2) A land use plan showing the location, character and extent of public and private land ownership, utilities, use and occupancy proposed within the area;
(3) A delineation of areas of land acquisition, demolition and removal of structures or rehabilitation, conservation or reconditioning of existing structures, if any, as may be proposed to be carried out in the project area;
(4) A statement indicating the controls, use, development and building restrictions to be placed on the property in the project area to prevent a recurrence of slum or blighted conditions; and in addition thereto, such plan or its supporting documentation shall include, but shall not be limited to, the following:
(5) A report showing the proposed changes, if any, in the building, housing or zoning ordinances or maps, and street layouts, levels or grades;
(6) A statement from the appropriate City official or officials setting forth the capability of the City to finance the portion of the project costs to be contributed by the City;
(7) A statement of the relationship of the plan to such definite objectives of the City respecting appropriate land uses, improved traffic conditions and transportation, public utilities, recreation and community facilities and other public improvements.
(b) A relocation plan shall indicate a feasible method for the temporary relocation of individuals and families displaced from the project area, and that there are or are being provided in the project area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the individuals and families to be displaced from the project area, decent, safe and sanitary dwellings equal in number to the number of such displaced individuals and families and available to them and reasonably accessible to their places of employment.
(Ord. 1966-27. Passed 5-9-66.)
191.07 ACTION BY PLANNING COMMISSION.
(a) When a general neighborhood renewal plan or an urban renewal or urban redevelopment plan and the supporting documentation therefor is filed with Council, Council shall refer such plan and supporting documentation to the Planning Commission for its review and recommendations, including the exercise of its power of approval or disapproval under Ohio R.C. 713.02, and its certification as to whether or not the plan is in conformity with the general plan of the City, by causing a copy of such plan and supporting documentation to be delivered to the person charged with the preparation and custody of the record of proceedings of the Planning Commission
(b) The Planning Commission shall submit in writing to Council its approval or recommendation concerning such plan. The approval of the Commission shall also constitute its approval of those matters placed under its jurisdiction by Ohio R.C. 713.02 except as the recommendations of the Planning Commission may include a disapproval pursuant to such section. Except as recommendations or disapprovals are received from the Planning Commission on or before the thirtieth day after the day of delivery to the person charged with the preparation and custody of the record of proceedings of the Planning Commission of such plan and supporting documentation, the plan shall be conclusively presumed to have been approved by the Planning Commission.
(Ord. 1966-27. Passed 5-9-66.)
191.08 PUBLIC HEARING; COUNCIL ACTION.
(a) Council, before approving a general neighborhood renewal plan or an urban renewal or urban redevelopment plan, shall hold a public hearing on the plan at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel, which hearings may be adjourned from time to time, Notice of the date, time and place of such hearing shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks on the same day of the week, and at least seven full days shall elapse between the second publication and the date set for the public hearing. Such notice shall also contain a description of the project area by its location in relation to highways, streets, watercourses or other natural or artificial boundaries, and shall also designate the place at which the plan, maps, plats and other materials describing the project area are and will be available for public inspection.
(b) Following the completion of such public hearing, Council may either approve or reject the general neighborhood renewal plan or the urban renewal or urban redevelopment plan, or make modifications and approve such plan as modified; provided that:
(1) If the boundaries of the project area are extended to include any land (except land contained within the right-of-way lines of a dedicated street or alley) not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, or if there is added a type of urban renewal or redevelopment activity not included in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof which required the acquisition of property, or if there is any change in land use or redevelopment restrictions contained in the urban renewal or urban redevelopment plan upon which the public hearing was held pursuant to subsection (a) hereof, public hearing shall be held on such urban renewal or urban redevelopment plan as modified prior to approval thereof by Council in accordance with the provisions of subsection (a) hereof, and
(2) If such modifications are other than in accordance with the recommendations of the Planning Commission, such general neighborhood renewal plan, urban renewal plan or urban redevelopment plan as modified shall be resubmitted to the Planning Commission for its written approval or recommendations pursuant to the provisions of Section 191.07.
(c) When Council wishes to approve a general neighborhood renewal plan, or an urban renewal or redevelopment plan, it shall do so by ordinance, passed by a majority vote and in accordance with the requirements of the City Charter; provided, however, if such plan has not been approved by the Planning Commission, or if there were any partial disapprovals by or adverse recommendations of the Planning Commission under Ohio R.C. 713.02, not accepted by Council by its modifications of the plan in accordance therewith, then an affirmative vote of two-thirds of the members of Council shall be required to pass such ordinance and, to the extent that such disapproval involves the construction of an improvement or utility within the meaning of Ohio R.C. 713.02, the concurrence of the head of the department or departments having control of the construction of such proposed improvement or utility shall also be necessary.
(d) The ordinance of Council approving a general neighborhood renewal plan should contain a finding that such plan conforms to the general plan and to the workable program of the City and such other findings as may be necessary or desirable, but need not contain the other findings set forth in subsection (e) hereof for approval of urban renewal or redevelopment plans. Such approval of a general neighborhood renewal plan may be made before, or at the same time as, the approval of an urban renewal or redevelopment plan for a project within the general neighborhood renewal area.
(e) The ordinance of Council approving an urban renewal or redevelopment plan shall include the following findings:
(1) Specific findings of fact as to the conditions in the project area which make it a slum, blighted, deteriorated or deteriorating area and findings that the project area is a slum, blighted, deteriorated or deteriorating area.
(2) That the size and character of the area and the location of elements of slum, blight and deterioration in the area make it appropriate for urban renewal activities.
(3) That the proposals for the proper relocation of individuals and families displaced in carrying out the project in decent, safe and sanitary dwellings in conformity with acceptable standards are feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the project; and that such dwellings or dwelling units available or to be made available to such displaced individuals and families are at least equal in number to the number of displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families in the project area, are available at rents or prices within the financial means of the displaced individuals and families and are reasonably accessible to their places of employment.
(4) (This finding is to be made only if federal aid is needed.) That financial aid to be provided by the Federal Government under its contract is necessary to enable the project to be undertaken in accordance with the plan.
(5) That the plan for the project area will afford maximum opportunity consistent with the sound needs of the community as a whole for the rehabilitation or redevelopment of the project area by private enterprise.
(6) That the plan conforms to the existing general or master plan for the overall development of the City as prepared by the Planning Commission pursuant to Ohio R.C. 713.02.
(7) That the plan gives due consideration to the provision of adequate park and recreational areas and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan.
(8) (This finding is to be made only if there is included in the plan any provision permitting the new construction of hotels, motels or other housing for transient use.) That the City has caused to be made a competent independent analysis of the local supply of transient housing and as a result thereof determines that there exists in the project area a need for additional units of such housing.
(9) (This finding is to be made only if the project area is not predominantly residential in character and is not to be redeveloped for predominantly residential use.) That the redevelopment of the project area for predominantly nonresidential uses is necessary for the proper development of the community.
(10) (This finding is to be made only where an open space land program is involved.) That the land and the interests in land to be acquired are for the purpose of preserving such area as open space land and are necessary to orderly long range development, to curb urban sprawl and the spread of urban blight and deterioration, to encourage more economical and desirable urban development and to provide areas for parks, playgrounds, parkways, conservation areas, watersheds and to preserve natural resources and that the area so to be acquired is of a size and character appropriate for such purposes.
(11) (This finding is to be made only if Federal aid is involved and clearing is the sole treatment proposed.) That the objectives of the urban renewal plan cannot be achieved through rehabilitation of the urban renewal area.
(12) (This finding is to be made only if Federal aid is involved and both clearance and rehabilitation treatment are proposed.) That the objectives of the urban renewal plan cannot be achieved through more extensive rehabilitation of the urban renewal area.
(13) (This finding is to be made only if Federal aid is involved.) That the United States of America and the Secretary of Housing and Urban Development are assured of full compliance by the City with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964.
(14) (This finding is to be made only where an educational institution or a hospital is located in or near the project area and it is desired to utilize Section 112 of the Housing Act of 1949, as amended.) That, in addition to the elimination of slums and blight from such area, the undertaking of an urban renewal or urban redevelopment project in such area will further promote the public welfare and the proper development of the community (i) by making land in such area available for disposition, for uses in accordance with the urban renewal or urban redevelopment plan, to such educational institution or hospital for redevelopment in accordance with the uses specified in the urban renewal or urban redevelopment plan, (ii) by providing, through the redevelopment of the area in accordance with the urban renewal or urban redevelopment plan, a cohesive neighborhood environment compatible with the functions and needs of such educational institution or hospitals or (iii) by any combination of the foregoing.
(f) Any documents which were submitted to Council to support findings in the ordinance should be filed by the Clerk of Council with a copy of the ordinance.
(g) The taking effect of the ordinance approving an urban renewal or redevelopment plan shall constitute authority to spend moneys of the City appropriated for carrying out urban renewal or redevelopment activities in accordance with the plan, as well as the proceeds of bonds or notes issued for such purpose, and to accept advances, gifts, donations and grants from the Federal Government, the State of Ohio, any entity, instrumentality or subdivision of either, or from any other entity or person for such purpose.
(Ord. 1966-27. Passed 5-9-66.)
191.09 FEDERAL AID CONTRACTS.
Any contract with a Federal agency for loans, advances, grants or other Federal aid to the City shall be approved by the Director of Law as to form and legality and after approval and authorization by ordinance of Council, passed in accordance with the requirements of the Charter of the City, shall be executed by the City Manager.
(Ord 1966-27. Passed 5-9-66.)
191.10 MODIFICATION OF URBAN RENEWAL AND GENERAL NEIGHBORHOOD RENEWAL PLAN.
An approved urban renewal plan may be amended, modified or changed by ordinance of Council from time to time; provided that if the boundaries of the project area are extended to include any land (except land contained within the right-of-way lines of a dedicated street or alley) not previously included therein, if there is added a new type of urban renewal activity which requires the acquisition of property, if there is any change in the land use or redevelopment restrictions or if there is a change in the proposed location, extent or character of a public improvement or utility within the project area or in any other matter directly within the jurisdiction of the Planning Commission to approve or disapprove under Ohio R.C. 713.02, or if such amendment, modification or change is deemed by Council to be a substantial change in the urban renewal or redevelopment plan, then all of the proceedings provided for in Sections 191.07 and 191.08 shall be carried out in connection with such amendment, modification or change except that the findings to be made in the ordinance approving the urban renewal or urban redevelopment plan shall be altered to fit the circumstances. The land use or redevelopment restrictions applicable to any land previously conveyed by the City may not be amended, modified or changed without the consent of the property owner thereto.
A general neighborhood renewal plan may be amended, modified or changed by ordinance of Council from time to time, provided that any such amendment, modification or change shall be submitted to the Planning Commission for its written approval or recommendations pursuant to the provisions of Section 191.07.
(Ord. 1966-27. Passed 5-9-66.)
191.11 EXECUTION OF URBAN RENEWAL PROJECTS.
(a) Acquisition of Property. As authorized by Council, the City Manager with the appropriate advice and assistance of the Director of Law, shall cause the necessary steps to be taken to acquire the parcels of land in the project area in accordance with the urban renewal or redevelopment plan, including but not limited to, the negotiation for such parcels, obtaining appraisals, title examinations and reports, with the City Manager executing contracts for any of such services and appropriate documents to transfer title to the City; provided, that in the event appropriation of property is necessary, Council shall initiate and carry out the necessary proceedings, with the appropriate assistance of the several officers, employees, boards and commissions of the City. Acquisitions may take place at any time after compliance with Sections 191.07 and 191.08.
(b) City Activities Preparing Property for Disposition. After any necessary appropriations of City moneys and authorization of expenditures by ordinances of Council; Council action, where appropriate, to rezone property, vacate or dedicate streets or other public places and provide for the establishment and preservation of open space areas; certification of funds by the Director of Finance, where appropriate and preparation of or approval of legal form of contracts by the Director of Law, the City Manager shall make the contracts and cause the purchase of the necessary supplies and materials and the provisions of the necessary labor for such City activities as may be necessary to carry out the urban renewal project, including but not limited to the demolition, rehabilitation or repair of structures (whether voluntarily by the private owners thereof or by the City for demonstration purposes in limited numbers), the removal of pavement, sidewalks, lighting and trees, capping, removal and relocation of City-owned utility lines, grading, construction of site improvements and supporting facilities and the temporary lease, rental or permission to let others use structures or parcels of land while owned by the City, relocation activities and the enforcement of any applicable provisions of law or conforming agreements relative to building, zoning, platting and the repair or rehabilitation of land and structures remaining in private ownership.
(c) Disposition of Property. Council may authorize by ordinance the transfer, lease or conveyance of any real property in accordance with and for the purpose of the plan, subject to such lawful terms, conditions, restrictions and covenants, including covenants running with the land, to assist in carrying out the purposes of the plan. All dispositions of real property shall be at not less than the fair value thereof determined by Council based upon the proposed new uses and restrictions to be imposed thereon under the urban renewal plan by Council through zoning ordinances, private covenant or otherwise. Such determination shall be made only after obtaining independent appraisals of such fair value upon the aforesaid bases, which appraisals shall not be binding upon the City. The manner of disposition shall be prescribed by ordinance, and may be by negotiation, with or without any competitive bidding, and such competition and award of a disposition contract may be based on factors other than price alone. Two weeks' publication in a newspaper of general circulation in the City shall be sufficient notice for the taking of competitive bids or of the execution of a disposition contract without competitive bidding. The financial qualifications and legal status of those proposing to acquire or lease such real property shall be considered in all dispositions. The City Manager shall execute, on behalf of the City, such instruments as may be necessary to transfer, lease or convey such real property in the form approved by the Director of Law and authorized by Council, which form shall include all covenants running with the land, including any portions of the plan incorporated by reference, and shall execute any certificates of completion of improvements or other appropriate instruments, on behalf of the City, that may be necessary in accordance with any covenants in such instruments of lease or conveyance.
(d) Conforming Agreement With Owner. If the owner of property in the project area is willing to make the use of his property conform to the urban renewal or redevelopment plan and Council finds and determines that the acquisition of such property by the City will not be necessary if so conformed, the City Manager, upon Council authorization, may enter into a conforming agreement upon such terms and security as may be authorized by Council. Such agreement may provide for the acquisition of property upon continued failure of the property owner to keep his agreement after notice from the City specifying such failure.
(e) Council May Authorize Employment of Community Corporations. In the execution of urban renewal or redevelopment projects, Council may authorize as to any appropriate projects or parts of projects, the employment of community improvement corporations, community redevelopment corporations, and metropolitan housing authorities, as defined by the statutes of Ohio, and when authorized by ordinance of Council may grant leases, make conveyances and enter into agreements with such corporations related to appropriate aspects of such projects to the full extent of the powers possessed by such corporations.
(Ord. 1966-27. Passed 5-9-66.)
191.12 FINANCE.
The cost of urban renewal activities may be paid in whole or in part by the City from appropriate general or special funds or accounts established in accordance with the City Charter, City ordinances and applicable laws, and the City may accept grants or gifts of moneys or real or personal property from persons, entities, governments or taxing authorities to be used for the planning and financing of such urban renewal activities.
All bonds or notes payable from the general credit and taxes of the City to finance the urban renewal activities shall be issued in accordance with the applicable provisions of Ohio R.C. Chapter 133. Accounts shall be maintained for the carrying out of those urban renewal activities being financed by loans or advances from the Federal Government separate from any other City accounts, including City accounts used to carry out activities being financed by the City and no money or real or personal property shall in any way be pledged as security for the repayment of any federal loans or advances, except the separately described portion of a project area set aside for such purpose, together with the proceeds from the sale, lease or temporary operation thereof and federal capital grant moneys earned in connection therewith in order to avoid violating statutory and constitutional debt and tax limitations.
(Ord. 1966-27. Passed 5-9-66.)
191.13 BUILDING PERMITS.
After approval of an urban renewal or redevelopment plan by Council, no building permit shall be issued for the improvement or enlargement of any existing structure or for the construction of a new structure, in the clearance and redevelopment portion of the project area, except that such permit may be issued for the repair of an existing structure when such repair is deemed necessary by the Director of the Department of Building and Housing Inspection for the immediate preservation of the public health and safety or is required by the redeveloper in accordance with the redevelopment plan.
(Ord. 1966-27. Passed 5-9-66.)
191.14 TAX EXEMPTION.
(a) All property of the City, including funds, owned or held by it for the purposes of this chapter shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against the City be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by the City on its rents, fees, grants or revenues from urban renewal or redevelopment projects.
(b) The property of the City acquired or held for the purposes of this chapter on January 1, of any year is declared to be public property used exclusively for essential public and governmental purposes, and such property shall be exempt from all taxes of the City, County, State or any taxing authority thereof; provided, however, that such tax exemption shall terminate when the City sells, leases or otherwise disposes of such property in a project area to a purchaser or lessee which is not a person, corporation, partnership or other association entitled to tax exemption with respect to such property.
(Ord. 1966-27. Passed 5-9-66.)
CODIFIED ORDINANCES OF HURON
PART THREE - TRAFFIC CODE
TITLE ONE - Administration
Chap. 301. Definitions.
Chap. 303. Enforcement, Impounding and Penalty.
Chap. 305. Traffic Control Map and File.
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. DUI; Willful Misconduct; Speed.
Chap. 335. Licensing; Accidents.
Chap. 337. Safety and Equipment.
Chap. 339. Commercial and Heavy Vehicles.
Chap. 341. Commercial Drivers.
TITLE SEVEN - Parking
Chap. 351. Parking Generally.
TITLE NINE - Pedestrians, Bicycles and Motorcycles
Chap. 371. Pedestrians.
Chap. 373. Bicycles and Motorcycles.
Chap. 375. Snowmobiles, Off-Highway Motorcycles and All Purpose Vehicles.
Chap. 377. Skateboards.
TITLE ELEVEN - Watercraft
Chap. 381. Watercraft Regulations.
Chap. 383. Licensing and Accidents.
Chap. 385. Small Boat Mooring Harbor.
Chap. 387. Harbor Line.
TITLE ONE - Administration
Chap. 301. Definitions.
Chap. 303. Enforcement, Impounding and Penalty.
Chap. 305. Traffic Control Map and File.
CHAPTER 301
Definitions
301.01 Meaning of words and phrases.
301.02 Agricultural tractor.
301.03 Alley.
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.
301.17 Intersection.
301.18 Laned street or highway.
301.19 Motorcycle.
301.20 Motor vehicle.
301.21 Park or parking.
301.22 Pedestrian.
301.23 Person.
301.24 Pole trailer.
301.25 Police officer.
301.26 Private road or driveway.
301.27 Public safety vehicle.
301.28 Railroad.
301.29 Railroad sign or signal.
301.30 Railroad train.
301.31 Residence district.
301.32 Right of way.
301.33 Roadway.
301.34 Safety zone.
301.35 School bus.
301.36 Semitrailer.
301.37 Sidewalk.
301.38 State route.
301.39 Stop (when required).
301.40 Stopping or standing.
301.41 Stop intersection.
301.42 Street or highway; arterial street.
301.43 Through street or highway.
301.44 Thruway.
301.45 Traffic.
301.46 Traffic control devices.
301.47 Traffic control signal.
301.48 Trailer.
301.49 Truck.
301.50 Urban district.
301.51 Vehicle.
301.52 Wheelchair, motorized.
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 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))
301.04 BICYCLE; MOTORIZED BICYCLE.
(a) "Bicycle" means every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled solely by human power, upon which any person may ride having either two tandem wheels or one wheel in the front and two wheels in the rear, 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))
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 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))
301.17 INTERSECTION.
"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 highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(b) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. If an intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
(c) The junction of an alley with a street or highway, or with another alley, shall not constitute an intersection.
(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))
301.19 MOTORCYCLE.
"Motorcycle" means every motor vehicle, other than a tractor, having a 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.
(a) "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, trailers 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 of twenty-five miles per hour or less, threshing machinery, hay-baling machinery, agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural and vegetable products 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))
(b) “Motor vehicle” includes manufactured homes and mobile homes for the purposes of Chapter 337, Safety and Equipment.
(ORC 4513.01)
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))
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))
301.26 PRIVATE ROAD OR DRIVEWAY.
"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))
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;
(b) 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;
(c) 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);
(d) 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))
(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))
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))
301.37 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))
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 any street or highway for purposes of travel.
(ORC 4511.01(TT))
301.46 TRAFFIC CONTROL DEVICES.
"Traffic control devices" means all flaggers, signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic, including signs denoting names of streets and highways.
(ORC 4511.01(QQ))
301.47 TRAFFIC CONTROL SIGNAL.
"Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction or not to change direction.
(ORC 4511.01(RR))
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 motorized wheelchairs and devices other than bicycles 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))
CHAPTER 303
Enforcement, Impounding and Penalty
303.01 Compliance with lawful order of police officer; fleeing.
303.02 Traffic direction in emergenices; 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 Impounding of vehicles; redemption.
303.081 Impounding of vehicles on private residential or agricultural property.
303.082 Private tow-away zones.
303.083 Release of vehicles; records; charges.
303.09 Providing false information to police officer.
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 his motor vehicle to a stop. (ORC 2921.331)
(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.)
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.
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)
303.04 ROAD WORKERS, MOTOR VEHICLES AND EQUIPMENT EXCEPTED.
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 street or highway within an area designated by the traffic control devices, but apply to such persons and vehicles when traveling to or from such work.
The drivers of snow plows, traffic line stripers, road sweepers, mowing machines, tar distributing vehicles and other vehicles utilized in snow and ice removal or road surface maintenance, while engaged in work upon a street or highway, provided such vehicles are equipped with flashing lights and such other markings as are required by law, and such lights are in operation when the vehicles are so engaged shall be exempt from criminal prosecution for violations of Sections 331.01 to 331.04, inclusive, 331.06 to 331.08, inclusive, 331.31, 333.04 and Ohio R.C. 4511.66. Such exemption shall not apply to such drivers when their vehicles are not so engaged. This section shall not exempt a driver of such equipment from civil liability arising from the violation of the sections referred to herein.
(ORC 4511.04)
303.041 EMERGENCY, PUBLIC SAFETY AND CORONER’S VEHICLES EXEMPT.
(a) Ohio R.C. 4511.12, 4511.13, 4511.131, 4511.132, 4511.14, 4511.15, 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)
(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.
No person, unless otherwise directed by a police officer, shall:
(a) 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;
(b) 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.
(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.
303.08 IMPOUNDING OF VEHICLES; REDEMPTION.
(a) Police officers are authorized to provide for the removal of a vehicle under the following circumstances:
(1) When any vehicle is parked at a place where parking is prohibited by any provision of the Codified Ordinances or is parked in violation of any provision of the Codified Ordinances.
(2) When any vehicle is left 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.
(3) When any vehicle has been stolen or operated without the consent of the owner and is located upon either public or private property.
(4) When any vehicle displays illegal license plates or fails to display the current lawfully required plates and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
(5) When any vehicle has been used in or connected with the commission of a felony and is located upon either public or private property.
(6) 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, and is located upon any public street or other property open to the public for purposes of vehicular travel or parking.
(7) When any vehicle is left unattended either on public or private property due to the removal of an ill, injured or arrested operator, or due to the abandonment thereof by the operator during or immediately after pursuit by a law enforcement officer.
(8) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision and is located either on public or private property.
(9) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
(10) 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 has failed to respond to such citation tags as lawfully required, and is located upon a public street or other property open to the public for purposes of vehicular travel or parking.
(b) Any vehicle removed under authority of subsection (a)(2) hereof shall be ordered into storage and/or disposed of as provided under Ohio R.C. 4513.60 et seq. Any other vehicle removed under authority of this section shall be ordered into storage and the Municipal police shall forthwith 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 offices to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for 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 the receipt of the release form and payment of all towage and storage charges.
(c) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima-facie evidence that it was so removed by the owner or operator.
303.081 IMPOUNDING VEHICLES ON PRIVATE RESIDENTIAL OR AGRICULTURAL PROPERTY.
(a) The Chief of Police upon complaint of any person adversely affected may order into storage any motor vehicle, other than an abandoned junk motor vehicle as defined in Ohio R.C. 4513.63, that has been left on private residential or private agricultural property for at least four hours without the permission of the person having the right to the possession of the property. The Chief of Police, upon complaint of the owner of a repair garage or place of storage, may order into storage any motor vehicle, other than an abandoned junk motor vehicle, that has been left at the garage or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the Chief of Police. When ordering a motor vehicle into storage pursuant to subsection (a) hereof, the Chief of Police, whenever possible, shall arrange for the removal of the motor vehicle by a private tow truck operator or towing company. Subject to Section 303.083(a), the owner of a motor vehicle that has been removed pursuant to subsection (a) hereof may recover the vehicle only in accordance with Section 303.083(c).
(b) This section does not apply to any private residential or private agricultural property that is established as a private tow-away zone in accordance with Section 303.082.
(c) As used in this section "private residential property" means private property on which is located one or more structures that are used as a home, residence or sleeping place by one or more persons, if no more than three separate households are maintained in the structure or structures. "Private residential property" does not include any private property on which is located one or more structures that are used as a home, residence or sleeping place by two or more persons, if more than three separate households are maintained in the structure or structures.
(d) Any person who registers a complaint that is the basis of a Police Chief's order for the removal and storage of a motor vehicle under this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who identifies himself as the owner or operator of the motor vehicle and requests information pertaining to its location.
(ORC 4513.60)
303.082 PRIVATE TOW-AWAY ZONES.
(a) The owner of private property may establish a private tow-away zone only if all of the following conditions are satisfied:
(1) The owner posts on the owner’s property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property and that contains at least all of the following information:
A. A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
B. The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and the place from which it may be recovered;
C. A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge, in an amount not to exceed ninety dollars ($90.00) and a storage charge, in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer.
(2) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the Municipality.
(b) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with subsection (a) hereof without the consent of the owner of the property or in violation of any posted parking condition or regulation, the owner or the owner’s agent may remove, or cause the removal of the vehicle. The owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle and to the payment of the towing and storage charges specified in subsection (a) hereof, and the owner may recover a vehicle that has been so removed only in accordance with Section 303.083.
(c) If an owner of private property that is established as a private tow-away zone in accordance with subsection (a) hereof or the authorized agent of such an owner removes or causes the removal of a vehicle from that property under authority of subsection (b) hereof, the owner or agent promptly shall notify the police offices of the removal, the vehicle's license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.
(d) No owner of private property shall remove, or shall cause the removal and storage of, any vehicle pursuant to this section by a tow truck or tow truck operator in violation of any other municipal ordinance regulating such truck or operator.
(e) This section does not affect or limit the operation of Section 303.081 or Ohio R.C. 4513.61 to 4513.65 as they relate to property other than private property that is established as a private tow-away zone under this section.
(f) No person shall remove or cause the removal of any vehicle from private property that is established as a private tow-away zone under this section other than in accordance with subsection (b) hereof.
(ORC 4513.60)
303.083 RELEASE OF VEHICLE; RECORDS; CHARGES.
(a) Release Prior to Removal. If the owner or operator of a motor vehicle that has been ordered into storage pursuant to Section 303.081 or of a vehicle that is being removed under authority of Section 303.082 arrives after the motor vehicle or vehicle has been prepared for removal but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of motor vehicles under Section 303.081 or of vehicles under Section 303.082 whichever is applicable, that normally is assessed by the person who has prepared the motor vehicle or vehicle for removal, in order to obtain release of the motor vehicle or vehicle. Upon payment of that fee, the motor vehicle or vehicle shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that:
(1) If the motor vehicle was ordered into storage pursuant to Section 303.081, it is not on the private residential or private agricultural property without the permission of the person having the right to possession of the property, or is not at the garage or place of storage without the permission of the owner, whichever is applicable;
(2) If the vehicle was being removed under authority of Section 303.082, it is not parked on the private property established as a private tow-away zone without the consent of the owner or in violation of any posted parking condition or regulation.
(b) Records. The Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage pursuant to Section 303.081 and of vehicles removed from private property in the Chief’s jurisdiction that is established as a private tow-away zone of which the Chief has received notice under Section 303.082. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle's or vehicle's license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.
(c) Removal and Storage Charges. The owner of a motor vehicle that is ordered into storage pursuant to Section 303.081 or of a vehicle that is removed under authority of Section 303.082 may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed ninety dollars ($90.00), and storage, in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00) per twenty-four-hour period, if the vehicle has a manufacturer’s gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle also shall be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage pursuant to Section 303.081 remains unclaimed by the owner for thirty days, the procedures established by Ohio R.C. 4513.61 and 4513.62 shall apply.
(ORC 4513.60)
303.09 PROVIDING FALSE INFORMATION TO POLICE OFFICER.
No person shall knowingly present, display or orally communicate a false name, social security number or date of birth to a law enforcement officer who is in the process of issuing to the person a traffic ticket or complaint.
(ORC 4513.361)
303.99 GENERAL TRAFFIC CODE PENALTIES.
(a) Misdemeanor Classifications.
(1) General classification. Whoever violates any provision of this Traffic Code, for which violation no penalty is otherwise provided, is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree. When any person is found guilty of a first offense for a violation of Section 333.03 upon a finding that he operated a motor vehicle faster than thirty-five miles an hour in a business district, or faster than fifty miles an hour in other portions, or faster then thirty-five miles an hour while passing through a school zone during recess or while children are going to or leaving school during the opening or closing hours, such person is guilty of a misdemeanor of the fourth degree.
(ORC 4511.99, 4513.99)
(2) Compliance with order of police officer; fleeing. Whoever violates Section 303.01 is guilty of failure to comply with an order or signal of a police officer. A violation of Section 303.01(a) is a misdemeanor of the first degree. A violation of Section 303.01(b) is a misdemeanor of the first degree, unless the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:
A. In committing the offense, the offender was fleeing immediately after the commission of a felony;
B. The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;
C. The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.
(ORC 2921.331)
(3) Watercraft.
A. Whoever violates Sections 381.24, 381.26, 383.03 or 383.04 is guilty of a misdemeanor of the first degree.
B. Whoever violates Section 381.20 or 381.25 without causing injury to persons or damage to property is guilty of a misdemeanor of the fourth degree.
C. Whoever violates Section 381.20 or 381.25 causing injury to persons or damage to property is guilty of a misdemeanor of the third degree.
D. Whoever violates Section 381.27, 381.38, 381.47, 381.50 or 381.51 is guilty of a misdemeanor of the fourth degree.
E. Whoever violates Section 381.44 is guilty of a misdemeanor of the fourth degree and also shall be assessed any costs incurred by the Municipality in disposing of an abandoned junk vessel or outboard motor, less any money accruing to the Municipality from that disposal.
F. Whoever violates Section 381.45 is guilty of a misdemeanor of the fourth degree on a first offense. On each subsequent offense, the person is guilty of a misdemeanor of the third degree.
(ORC 1547.99)
(4) Providing false information. Whoever violates Section 303.09 is guilty of a misdemeanor of the first degree.
(ORC 4513.99)
(5) Placing dangerous materials on streets. Whoever violates Section 311.01(e) is guilty of a misdemeanor of the first degree.
(ORC 4511.99)
(6) Tampering with traffic control devices. Except as otherwise provided in this paragraph, whoever violates Section 313.08(a) or (c) or 313.10 is guilty of a misdemeanor of the third degree. If a violation of Section 313.08(a) or (c) creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first degree. A violation of Section 313.08(a) or (c) that causes serious physical harm to property that is owned, leased or controlled by a State or local authority is a felony of the fourth degree and shall be prosecuted under appropriate State law.
(7) Stopping for school buses. Whoever violates Section 331.38(a) may be fined an amount not to exceed five hundred dollars ($500.00). A person who is issued a citation for a violation of Section 331.38(a) is not permitted to enter a written plea of guilty and waive his right to contest the citation in a trial, but instead must appear in person in the proper court to answer the charge.
(ORC 4511.99)
(8) Driving under the influence. Whoever violates Section 333.01(a) or (b), in addition to the license suspension or revocation provided in Ohio R.C. 4507.16, is guilty of a misdemeanor of the first degree.
(9) Physical control; street racing. Whoever violates Section 333.01(d) or (e) shall be fined not more than five hundred dollars ($500.00). Whoever violates Section 333.07 is guilty of a misdemeanor of the first degree.
(ORC 4511.99)
(10) Licensing.
A. 1. Whoever violates Section 335.01(a)(1) or (3) by operating a motor vehicle when his driver's or commercial driver's license has been expired for no more than six months is guilty of a minor misdemeanor.
2. Whoever violates Section 335.03 or 335.031 is guilty of a minor misdemeanor.
B. Except as provided in subparagraph A. above whoever violates any provision of Section 335.01 to 335.07 is guilty of a misdemeanor of the first degree.
(ORC 4507.99; ORC 4511.99)
C. Whoever violates Section 335.08 is guilty of a misdemeanor of the second degree.
D. Whoever violates Section 335.09(b) or 335.11 is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the third degree.
(ORC 4549.99)
(11) Accidents. Except as otherwise provided in this subsection, whoever violates any provision of Section 335.12 to 335.14 is guilty of a misdemeanor of the first degree. Whoever violates Section 335.12 or 335.13 when the accident or collision that is the basis of the violation results in serious physical harm or death to a person is guilty of a felony and shall be prosecuted under appropriate State law.
(ORC 4549.99)
(12) Snowmobiles, off-highway motorcycles and all purpose vehicles.
A. Whoever violates Section 375.03 or 375.05 is guilty of a misdemeanor of the third degree.
B. Whoever violates Section 375.08 is guilty of a misdemeanor of the second degree.
(13) Failure to yield right of way to public safety or coroner’s vehicle. Whoever violates Section 331.21 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.
(14) Child restraint systems.
A. Whoever is a resident of this State and violates Section 337.26 is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.
B. Whoever is not a resident of this State, violates Section 337.26, and fails to prove by a preponderance of the evidence that his use or nonuse of a child restraint system was in accordance with the law of the state of which he is a resident is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree.
(ORC 4511.99)
(15) Seat Belt Requirements.
A. Whoever violates Section 337.27(b)(1) shall be fined thirty dollars ($30.00).
B. Whoever violates Section 337.27(b)(3) shall be fined twenty dollars ($20.00). (ORC 4513.99)
(16) Driving Across Grade Crossing. Whoever violates Section 331.39 is guilty of a misdemeanor of the fourth degree.
(ORC 4511.99)
(17) Commercial Drivers. Whoever violates Chapter 341 is guilty of a misdemeanor of the first degree.
(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 Maximum Term Maximum
Misdemeanor of Imprisonment Fine
First degree 6 months $1,000.00
Second degree 90 days 750.00
Third degree 60 days 500.00
Fourth degree 30 days 250.00
Minor No imprisonment 100.00
(ORC 2929.21)
(c) Construction Zone Violations. Notwithstanding subsection (b) hereof, upon a finding that any person referred to in subsection (a)(1) hereof or Section 333.99(a) has operated a motor vehicle in violation of this Traffic Code, in a construction zone where a sign was then lawfully posted, 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. No court shall impose a fine of two times the usual amount imposed for the violation upon an offender who alleges, in an affidavit filed with the court prior to his sentencing, that the offender is indigent and is unable to pay the fine imposed pursuant to this subsection, provided the court determines the offender is an indigent person and is unable to pay the fine.
(ORC 4511.99)
CHAPTER 305
Traffic Control Map and File
305.01 Traffic Control Map.
305.02 Traffic Control File.
305.03 Incorporation, maintenance and amendments.
305.04 Amendments listed.
CROSS REFERENCE
Power to designate traffic control areas - see Ohio R.C. 4511.07
305.01 TRAFFIC CONTROL MAP.
There is established a Traffic Control Map which shall reflect by legend and proper designation the City's currently existing:
(a) Traffic control signals.
(b) Through streets.
(c) One-way streets and alleys.
(d) Stop intersections.
(e) Yield right of way intersections.
(f) Commercial and passenger loading zones.
(g) Prohibited and limited parking areas.
(h) Angle parking areas.
(i) Tow-away zones.
(j) Restricted and prohibited turning movements.
(k) Truck routes.
(l) Fire lanes.
305.02 TRAFFIC CONTROL FILE.
There is established a Traffic Control File which shall list, in chart form, all types of traffic control designations specified in Section 305.01 and shall also include:
(a) Adequate description of the street or area affected.
(b) Authorizing ordinance number and effective date.
(c) Date when official signs, signals, markings or parking meters were erected or placed in proper position.
(d) Date when designation was recorded upon Traffic Control Map.
(Ord. 1962-20. Passed 7-23-62.)
305.03 INCORPORATION, MAINTENANCE AND AMENDMENTS.
(a) The Traffic Control Map and File, existing as of the date of passage of this Traffic Code, is incorporated as a part of this Traffic Code. The Map and File shall be prepared and maintained to date by the Police Division under supervision of the City Manager.
(b) Council may amend the Traffic Control Map and File by ordinance, but no such ordinance shall be enforceable until after the effective date of the ordinance and the official signs, signals or markings are erected or placed in proper position. The Police Division upon receipt of a copy of the amending ordinance shall record the information on the File and amend the Map to conform with the ordinance provisions.
305.04 AMENDMENTS LISTED.
EDITOR'S NOTE: Since the adoption of the Traffic Control Map and File in the 1962 Codification, the following ordinances have amended the Traffic Control Map and File:
Ordinance No. Passage Date
1962-22 9-24-62
1962-31 10-29-62
1962-37 11-26-62
1963-19 5-13-63
1963-51 11-25-63
1964-2 1-27-64
1964-16 6-8-64
1964- 17 6-8-64
1964-33 11-9-64
1965-26 10-25-65
1966-37 7-28-66
1966-48 10-10-66
1966-50 11-14-66
1967-34 10-23-67
1968-28 5-13-68
1968-29 6-10-68
1968-39 8-26-68
1968-45 11-11-68
1969-15 2-24-69
1969-26 4-28-69
1969-33 5-26-69
1969-42 7-14-69
1969-43 7-28-69
1969-50 7-28-69
1969-53 8-25-69
1970-1 1-19-70
1970-13 3-2-70
1970-25 5-11-70
1970-28 5-11-70
1970-38 8-24-70
1970-43 11-23-70
Ordinance No. Passage Date
1971-11 1-25-71
1971-13 2-8-71
1971-48 8-9-71
1971-58 12-27-71
1972-64 12-28-72
1973-13 2-26-73
1973-15 3-26-73
1973-40 8-27-73
1973-41 8-27-73
1973-53 10-8-73
1973-54 10-8-73
1974-30 6-10-74
1974-40 8-26-74
1974-43 9-23-74
1974-68 12-30-74
1975-1 1-13-75
1975-8 2-24-75
1975-16 4-14-75
1975-18 5-12-75
1975-20 6-23-75
1975-35 7-14-75
1975-36 7-28-75
1975-50 9-8-75
1976-22 7-12-76
1976-31 10-11-76
1976-39 12-13-76
1977-6 1-24-77
1977-28 12-12-77
1978-13 3-27-78
1978-20 4-24-78
1978-24 5-22-78
1978-37 8-14-78
1978-39 8-28-78
1979-8 5-29-79
1979-30 10-22-79
1980-31 11-24-80
1980-32 11-24-80
1980-35 11-24-80
1981-21 7-13-81
1981-48 11-9-81
1982-22 5-10-82
1982-23 5-24-82
1982-31 8-9-82
1982-38 9-13-82
1983-4 2-28-83
1983-17 5-23-83
1983-18 5-23-83
1983-20 6-27-83
1983-23 7-11-83
1984-17 3-26-84
1984-26 5-29-84
1984-27 5-29-84
Ordinance No Passage Date
1984-29 7-23-84
1984-35 9-24-84
1984-36 9-24-84
1984-52 12-17-84
1985-4 2-11-85
1985-8 5-13-85
1985-9 5-13-85
1985-12 5-28-85
1986-1 1-13-86
1986-9 6-9-86
1986-10 6-9-86
1986-11 6-9-86
1986-12 6-9-86
1987-9 6-8-87
1987-10 6-22-87
1987-11 7-27-87
1988-11 2-22-88
1988-18 2-22-88
1988-27 9-26-88
1989-7 3-13-89
1989-15 6-12-89
1989-28 9-11-89
1989-31 9-26-89
1990-7 6-11-90
1990-16 8-13-90
1991-16 6-10-91
1991-21 9-23-91
1992-10 6-22-92
1992-11 8-10-92
1992-16 10-26-92
1993-9 6-14-93
1994-9 5-23-94
1996-29 8-12-96
1996-58 10-28-96
1997-3 1-13-97
1997-4 2-10-97
1997-13 4-28-97
1997-17 6-9-97
1997-19 7-14-97
1997-20 7-14-97
1997-21 7-14-97
1997-22 7-14-97
1997-27 7-28-97
1997-29 8-11-97
1998-29 7-13-98
1999-23 11-8-99
2000-15 8-28-00
2000-16 8-28-00
2000-17 8-28-00
2000-20 8-28-00
2001-18 6-25-01
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 assemblages.
311.03 Toy vehicles on streets.
311.04 Zones of quiet.
311.05 Play streets.
311.99 Penalty.
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.
(ORC 4511.74)
311.02 PARADES AND ASSEMBLAGES.
No person, group of persons or organization shall conduct or participate in any parade, assemblage or procession other than a funeral procession upon any street or highway, or block off any street or highway area, without first obtaining a permit from the City Manager.
Applications for such permits shall be made on such forms as may be prescribed and shall contain such information as is reasonably necessary to a fair determination of whether a permit should be issued. Applications shall be filed not less than five days before the time intended for such parade, procession or assemblage.
The permit may be refused or cancelled if:
(a) The time, place, size or conduct of the parade including the assembly areas and route of march would unreasonably interfere with the public convenience and safe use of the streets and highways.
(b) The parade would require the diversion of so great a number of police officers to properly police the line of movement, assembly area and areas contiguous thereto so as to deny normal police protection to the Municipality.
(c) The parade route of march or assembly areas would unreasonably interfere with the movement of police vehicles, fire-fighting equipment or ambulance service to other areas of the Municipality.
(d) The parade would unreasonably interfere with another parade for which a permit has been issued.
(e) The information contained in the application is found to be false, misleading or incomplete in any material detail.
(f) An emergency such as a fire or storm would prevent the proper conduct of the parade.
The permit or any order accompanying it may limit or prescribe reasonable conditions, including the hours, the place of assembly and of dispersal, the route of march or travel and the streets, highways or portions thereof which may be used or occupied.
311.03 TOY VEHICLES ON STREETS.
No person on roller skates or riding in or by means of any sled, toy vehicle, skateboard or similar device shall go upon any roadway except while crossing a street on a crosswalk and except on streets set aside as play streets.
311.04 ZONES OF QUIET.
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.
311.05 PLAY STREETS.
Whenever authorized sign are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within such closed area, and then such drivers shall exercise the greatest care in driving upon any such street or portion thereof.
311.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty and penalties applicable to misdemeanor classifications.)
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 control signal terms and lights.
313.04 Lane-use control signals over individual lanes.
313.05 Pedestrian control signals.
313.06 Flashing traffic signals.
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 No parking signs.
313.99 Penalty.
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.
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.
(ORC 4511.12)
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 CONTROL SIGNAL TERMS AND LIGHTS.
Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used except for special pedestrian signals carrying words or symbols. The lights shall indicate and apply to drivers of vehicles and to pedestrians as follows:
(a) Green Indication:
(1) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(2) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Unless otherwise directed by a pedestrian-control signal as provided in Section 313.05, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(b) Steady Yellow Indication:
(1) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
(2) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 313.05, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(c) Steady Red Indication:
(1) Vehicular traffic facing a steady red signal alone 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 before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subsections (c)(2) and (3) hereof.
(2) Unless a sign is in place prohibiting a right turn as provided in subsection (c)(5) hereof, vehicular traffic facing a steady red signal may cautiously enter the intersection to make a right turn after stopping as required by subsection (c)(1) hereof. Such vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Unless a sign is in place prohibiting a left turn as provided in subsection (c)(5) hereof, vehicular traffic facing a steady red signal on a one-way street that intersects another one-way street on which traffic moves to the left may cautiously enter the intersection to make a left turn into the one-way street after stopping as required by subsection (c)(1) hereof, and yielding the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(4) Unless otherwise directed by a pedestrian-control signal as provided in Section 313.05, pedestrians facing a steady red signal alone shall not enter the roadway.
(5) Council may by ordinance, or the authorized local authority may by rule, 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.
(d) Signals; Locations Other Than Intersections: 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.
(ORC 4511.13)
313.04 LANE-USE CONTROL SIGNALS OVER INDIVIDUAL LANES.
When lane-use control signals are placed over individual lanes of a street or highway, such signals shall indicate and apply to drivers of vehicles as follows:
(a) A Steady Downward Green Arrow: Vehicular traffic may travel in any lane over which a green arrow signal is shown.
(b) A Steady Yellow "X": Vehicular traffic is warned to vacate in a safe manner any lane over which such signal is shown to avoid occupying that lane when a steady red "X" signal is shown.
(c) A Flashing Yellow "X": Vehicular traffic may use with proper caution any lane over which such signal is shown for only the purpose of making a left turn.
(d) A Steady Red "X": Vehicular traffic shall not enter or travel in any lane over which such signal is shown.
(ORC 4511.131)
313.05 PEDESTRIAN CONTROL SIGNALS.
Whenever special pedestrian 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:
(a) "Walk" or the symbol of a walking person: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the operators of all vehicles.
(b) "Don't walk" or the symbol of an upraised palm: No pedestrian shall start to cross the roadway in the direction of the signal.
(c) Nothing in this 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.
(ORC 4511.14)
313.06 FLASHING TRAFFIC SIGNALS.
Whenever an illuminated flashing red or yellow traffic signal is used in a traffic signal or with a traffic sign it shall require obedience as follows:
(a) Flashing Red Stop Signal: Operators of vehicles 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, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing Yellow Caution Signal: Operators of vehicles may proceed through the intersection or past such signal only with caution.
This section shall 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 4511.15)
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.
(b) 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.
(ORC 4511.16)
313.08 ALTERATION, INJURY, REMOVAL OF TRAFFIC CONTROL DEVICES.
No person without lawful authority, shall do any of the following:
(a) 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;
(b) 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;
(c) Knowingly move, damage, destroy or otherwise improperly tamper with a manhole cover.
(ORC 4511.17)
313.09 DRIVER'S DUTIES UPON APPROACHING AMBIGUOUS OR NON-WORKING TRAFFIC SIGNAL.
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 him 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:
(a) 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;
(b) 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.
(c) Exercise ordinary care while proceeding through the intersection.
(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 his 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 his employment by any manufacturer of traffic control devices other than a State or local authority;
(3) For the purpose of demonstrating the design and function of a traffic control device to State or local officials;
(4) 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;
(5) 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.
(ORC 4511.18)
313.11 NO PARKING SIGNS.
In places where parking is prohibited by this Traffic Code, the curb adjacent to or alongside such place may be painted yellow which shall satisfy the requirement of an official sign as required by Section 313.01.
313.99 PENALTY.
(EDITOR'S NOTE: See Section 303.99 for general Traffic Code penalty and penalties applicable to misdemeanor classifications.)
TITLE FIVE - Vehicles
Chap. 331. Operation Generally.
Chap. 333. DUI; Willful Misconduct; Speed.
Chap. 335. Licensing; Accidents.
Chap. 337. Safety and Equipment.
Chap. 339. Commercial and Heavy Vehicles.
Chap. 341. Commercial Drivers.
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.
331.35 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.
331.38 Stopping for school bus; discharging children.
331.39 Driving across grade crossing.
331.40 Stopping at grade crossing.
331.41 Slow-moving vehicles crossing railroad tracks.
331.42 Littering from motor vehicle.
331.43 Wearing earplugs or earphones prohibited.
331.44 Paths exclusively for bicycles.
331.45 Shortcutting; avoiding traffic control devices.
331.99 Penalty.
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) Upon all roadways any vehicle proceeding at less than the normal 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, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.
(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.
Subsection (c) hereof 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.
(ORC 4511.25)
331.02 PASSING TO RIGHT WHEN PROCEEDING IN OPPOSITE DIRECTIONS.
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.
(ORC 4511.26)
331.03 OVERTAKING, PASSING TO LEFT; DRIVER'S DUTIES.
The following rules govern the overtaking and passing of vehicles proceeding in the same direction:
(a) The operator of a vehicle overtaking another vehicle proceeding in the same direction shall, except as provided in subsection (c) 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.
(b) 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 he shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
(c) 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.
(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.
(ORC 4511.28)
331.05 OVERTAKING, PASSING TO LEFT OF CENTER.
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.
(ORC 4511.29)
331.06 ADDITIONAL RESTRICTIONS ON DRIVING UPON LEFT SIDE OF ROADWAY.
No vehicle shall be driven upon the left side of the roadway under the following conditions:
(a) When approaching the crest of a grade or upon a curve in the highway, where the operator's view is obstructe