The source material for this page is the Terrace Park Code of Ordinances as of May 2000. Although every effort has been made to reflect the ordinances accurately, there might be small typing errors as well as changes or additions made subsequent to May 2000 that are not incorporated here. This information is provided only as background reference and should NOT be used as the basis for any binding decisions.
Return to the Village home page
(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 "Terrace Park Code of Ordinances," for which designation "code of ordinances," "codified ordinances," "municipal code" or "code" may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
(R.C. § 1.01)
(B) All references to codes, titles, chapters, and sections are to such components of the code 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 "§" followed by the number, such as "§ 10.01." Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(`76 Code, § 101.01)
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AND may be read OR, and OR may be read AND, if the sense requires it.
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.
BOND includes an UNDERTAKING, and UNDERTAKING includes a BOND.
CHILD. Includes child by adoption.
COUNCIL. The Legislative Authority of Terrace Park, Ohio.
COUNTY. The county in which the municipality is located, being Hamilton County, Ohio.
FIRE CHIEF. Shall include the Chief of a fire department if such fire department has been established in the municipality, and shall include the Fire Prevention Officer if no fire department has been established in the municipality.
IMPRISONED. Shall have the same meaning as in R.C. § 1.05.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent, or employee.
LAND or REAL ESTATE. Includes rights and easements of incorporeal nature.
LEGISLATIVE AUTHORITY. The Legislative Authority of Terrace Park, Ohio.
MAY. Is permissive.
MUNICIPALITY, CITY, TOWN, VILLAGE, or MUNICIPAL CORPORATION. When used in this code, shall denote Terrace Park, Ohio, irrespective of its population or legal classification.
O.A.C. Refers to the Ohio Administrative Code.
OATH. Includes affirmation; and SWEAR includes affirm.
OWNER. When applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of such property.
PERSON. Includes an individual, corporation, business trust, estate, trust, partnership, and association.
PERSONAL PROPERTY. Includes all property except real property.
PLAN OF SEWERAGE, SYSTEM OF SEWERAGE, SEWER, and SEWERS. Includes sewers, sewage disposal works and treatment plants, and sewage pumping stations, together with facilities and appurtenances necessary and proper therefor.
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates, and interests.
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.
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.
R.C. or REVISED CODE. Refers to the Ohio Revised Code.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
REGISTERED MAIL. Includes certified mail; and CERTIFIED MAIL includes registered mail.
RULE. Includes regulation.
SHALL. Is mandatory.
SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE or THIS STATE. The State of Ohio.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the municipality.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
WEEK. Seven consecutive days.
WHOEVER. Includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private.
WRITING. Includes printing.
WRITTEN or IN WRITING. The terms include any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures.
YEAR. Twelve consecutive months.
(`76 Code, § 101.02) (R.C. §§ 1.02, 1.05, 1.44, 1.59, 701.01)
(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.
(R.C. § 1.42)
(B) Singular and plural; gender; tenses. As used in this code, 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 tense.
(R.C. § 1.43)
(C) Calendar; computation of time.
(1) 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.
(2) 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.
(R.C. § 1.14)
(3) When an act is to take effect or become operative from and after a day named, no part of that day shall be included. If priority of legal rights depends upon the order of events on the same day, such priority shall be determined by the times in the day at which they respectively occurred.
(R.C. § 1.15)
(4) 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.
(R.C. § 1.45)
(5) In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, 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 it is inconsistent with state law or municipal charter provisions.
(F) Exceptions. The rules of construction shall not apply to any law which contains any express provision excluding such construction, or when the subject matter or context of such law is repugnant thereto.
(`76 Code, § 101.03)
(A) The repeal of a repealing statute does not revive the ordinance originally repealed nor impair the effect of any saving clause therein.
(R.C. § 1.57)
(B) An ordinance which is re-enacted or amended is intended to be a continuation of the prior statue and not a new enactment, so far as it is the same as the prior ordinance.
(R.C. § 1.54)
(C) The reenactment, amendment, or repeal of an ordinance does not, except as provided in division (D) of this section:
(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 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 reenactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended.
(R.C. § 1.58) (`76 Code, § 101.04)
(A) Wherever in a penalty section reference is made to a violation of a section or an inclusive group of sections, or of divisions or subdivisions of a section, such reference shall be construed to mean a violation of any provision of the section, sections, divisions or subdivisions included in the reference.
(B) References in the code to action taken or authorized under designated sections of the code include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code.
(R.C. § 1.23)
(C) Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter be changed or materially altered by the amendment or revision.
(R.C. § 1.55)
(D) If a section refers to a series of numbers or letters, the first and the last numbers or letters are included.
(R.C. § 1.56) (`76 Code, § 101.05)
(A) If there is a conflict between figures and words expressing a number, the words govern.
(R.C. § 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.
(R.C. § 1.51)
(C) If legislation enacted at the same or different meetings of the Legislative Authority are irreconcilable, the legislation latest in date of enactment prevails.
(D) If amendments to the same legislation are enacted at the same or different meetings of the Legislative Authority, 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.
(R.C. § 1.52) (`76 Code, § 101.06)
(A) In enacting legislation, it is presumed that:
(1) Compliance with the Constitutions of the State and of the United States is intended;
(2) The entire piece of legislation is intended to be effective;
(3) A just and reasonable result is intended; and
(4) A result feasible of execution is intended.
(R.C. § 1.47)
(B) Legislation is presumed to be prospective in its operation unless expressly made retrospective.
(R.C. § 1.48)
(C) If legislation is ambiguous, the court, in determining the intention of the Legislative Authority, may consider among other things:
(1) The object sought to be attained;
(2) The circumstances under which the legislation was enacted;
(3) The legislative history;
(4) The common law or former statutory provisions, including laws upon the same or similar subjects;
(5) The consequences of a particular construction;
(6) The administrative construction of the legislation.
(R.C. § 1.49) (`76 Code, § 101.07)
If any provisions of a section of this code or the application thereof to any person or circumstance is held invalid, the invalidity does not affect 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.
(R.C. § 1.50) (`76 Code, § 101.08)
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
If a manifest error is discovered consisting of the misspelling of any words, the omission of any words necessary to express the intention of the provisions affected, the use of words to which no meaning can be attached, or the use of a word when another word was clearly intended to express the intention, the spelling shall be corrected, and the words supplied, omitted, or substituted shall conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
With the exception of any ordinances specifically saved by the municipality, this code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code of ordinances.
All ordinances of a temporary or special nature, all other ordinances pertaining to subjects not enumerated and embraced in this code of ordinances, and all ordinances specifically saved by the municipality shall remain in full force and effect unless herein repealed expressly or by necessary implication.
Whenever an ordinance by its nature either authorizes or enables the legislative body, or a certain municipal officer or employee, to make additional ordinances or regulations for the purpose of carrying out the intention of the ordinance, all ordinances and regulations of a similar nature serving the purpose, effected prior to the codification and not inconsistent thereto, shall remain in effect and are saved.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
(A) Any chapter, section, or division amended or added to this code by ordinances passed subsequent to the adoption of this code may be numbered in accordance with the numbering system of this code and need not be inserted in this code, but shall be treated as if printed for inclusion herein.
(B) The following language should be used by the municipality to amend, add, or repeal a chapter, section, or division:
(1) To amend a section: "Section of the Municipal Code of Ordinances is amended to read as follows: . . . ."
(2) To add a section: "Section of the Municipal Code of Ordinances, which is to be added to and amends the Municipal Code of Ordinances, reads as follows: . . . ."
(3) To repeal a section: "Section of the Municipal Code of Ordinances, which reads as follows, is repealed: . . . ."
(A) As histories for the code sections, the specific number and passage date of the original ordinance and the three most recent amending ordinances, if any, are listed following the text of the code section.
Example: (Ord. 10, passed 5-13-60; Am. Ord. 15, passed 1-1-70; Am. Ord. 20, passed 1-1-80; Am. Ord. 25, passed 1-1-85)
(B) If a section of this code is derived from the previous code of ordinances of the municipality published in 1976 and subsequently amended, the 1976 code section number shall be indicated in the history.
Example: (`76 Code, § 131.01)
(C) (1) If a statutory cite is included in the history, located in parenthesis immediately following a division or section of this code, this indicates that the text of the division or section reads substantially the same as the statutory provision.
Example: (R.C. § 4511.02)
(2) If a statutory cite is set forth as a "statutory reference" following the text of a section, this indicates that the reader should refer to that statute for further information.
Example: § 30.08 Public Records Available.
Unless otherwise exempted by state law, all public records shall be promptly prepared and made available for inspection to any person.
Statutory reference:
Public records, see R.C. § 149.43
All offenses committed under laws in force prior to the effective date of this code shall be prosecuted and remain punishable as provided by those laws. This code does not affect any rights or liabilities accrued, penalties incurred, or proceedings begun prior to the effective date of this code. The liabilities, proceedings and rights are continued; punishments, penalties, or forfeitures shall be enforced and imposed as if this code had not been enacted. In particular, any agreement granting permission to utilize highway rights-of-way, contracts entered into or franchises granted, the acceptance, establishment or vacation of any highway, and the election of corporate officers shall remain valid in all respects, as if this code had not been enacted.
(A) Notwithstanding any conflicting provision of R.C. § 7.12, in this municipality in which no newspaper is published, publication of ordinances and resolutions, or summaries of ordinances and resolutions, and publication of all statements, orders, proclamations, notices, and reports, required by law or ordinance to be published, shall be accomplished in either of the following methods, as determined by the Legislative Authority:
(1) By posting copies in not less than five of the most public places in the municipality, as determined by the Legislative Authority, for a period of not less than 15 days prior to the effective date thereof; or
(2) By publication in any newspaper printed in this state and of general circulation in the municipality.
(B) Notices to bidders for the construction of public improvements and notices of the sale of bonds shall be published in not more than two newspapers, printed in this state and of general circulation in the municipality, for the time prescribed in R.C. § 731.22.
(C) Where such publication is by posting, the Clerk shall make a certificate as to such posting, and as to the times when and the places where such posting is done, in the manner provided in R.C. § 731.24, and such certificate shall be prima facie evidence that the copies were posted as required.
(R.C. § 731.25) (`76 Code, § 123.01)
(A) Whenever, in this municipal code or in any ordinance of the municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be punished by a fine not exceeding $500, a term of imprisonment not exceeding six months, or both. A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
(B) The failure of any officer or employee of the municipality to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for such failure.
(`76 Code, § 101.99)
Cross-reference:
Misdemeanor classifications, see § 130.99
Statutory reference:
Ordinance violations and penalties, see R.C. § 715.67
(A) Title III of this code of ordinances is designed to include and incorporate, insofar as is practical, all legislation concerning the organization, qualifications, appointment or election, terms of office, compensation, and the powers and duties of the officials, boards, and bodies of the village. Pertinent sections of the Ohio Revised Code relative to these village offices and boards have been assembled and adopted as a part of this Title. No material changes of the Revised Code sections referred to in the legislative histories have been made. The purpose of including these sections is to afford easy reference to the statutory provisions.
(B) In the interest of uniformity and consistency, all references to "village," as the term appears in the Revised Code, have been changed to read "municipality" throughout this Title. However, the provisions of this Chapter shall only apply to the administration of village local government.
Except as otherwise provided in the Revised Code, each officer of the municipality or of any department or board thereof, whether elected or appointed as a substitute for a regular officer, shall be an elector of the municipality, and before entering upon his or her official duties shall take an oath to support the Constitution of the United States and the Constitution of the State, and an oath that he or she will faithfully, honestly, and impartially discharge the duties of the office. These provisions as to official oaths shall extend to deputies, but they need not be electors.
(R.C. § 733.68)
Before entering upon the discharge of his or her duties, each officer and employee, where such is required by the legislative authority, shall execute a bond approved according to law in the amount set forth for his or her respective office or position.
Each officer required by law or ordinance to give bond shall do so before entering upon the duties of the office, except as otherwise provided by law. The Legislative Authority may at any time require each officer to give a new or additional bond. Each bond, except that of the Auditor or Clerk, upon its approval, shall be delivered to the Auditor or Clerk, who shall immediately record it in a record provided for that purpose, and file and carefully preserve it in his or her office. The bond of the Auditor or Clerk shall be delivered to the Treasurer, who shall in like manner record and preserve it.
(R.C. § 733.69)
The official bonds of all municipal officers shall be prepared by the Solicitor or Director of Law. Except as otherwise provided in state law, the bonds shall be in a sum as the Legislative Authority prescribes by general or special ordinance, and be subject to the approval of the Mayor, except that the Mayor's bond shall be approved by the Legislative Authority, or, if it is not legally organized, by the Clerk of the Court of Common Pleas of the county in which the municipality or the larger part thereof is situated.
(R.C. § 733.70)
In each bond mentioned in § 30.05, the condition that the person elected or appointed shall faithfully perform the duties of the office shall be sufficient. The fact that the instrument is without a seal, that blanks for the date or amount have been filled subsequent to its execution but before its acceptance, without the consent of the sureties, that all the obligees named in the instrument have not signed it, that new duties have been imposed on the officers or that any merely formal objection exists shall not be available in any suit on the instrument.
(R.C. § 733.71)
Unless otherwise provided by law, vacancies arising in appointive and elective offices of the municipality shall be filled by appointment by the Mayor for the remainder of the unexpired term, provided that:
(A) Vacancies in the office of the Mayor shall be filled in the manner provided by R.C. § 733.25, or a substantially similar municipal ordinance;
(B) Vacancies in the membership of the Legislative Authority shall be filled in the manner provided by R.C. § 731.43, or a substantially similar municipal ordinance;
(C) Vacancies in the office of President Pro Tempore of the Legislative Authority shall be filled in the manner provided by R.C. § 731.11, or a substantially similar municipal ordinance;
(D) Vacancies in the office of Clerk or Treasurer may be filled in the following manner: The Mayor may appoint a person to serve as acting officer to perform the duties of the office until a permanent officer is appointed to fill the vacancy.
(R.C. § 733.31(A))
(A) Unless otherwise exempted by state law, and subject to division (D) of this section, all public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Subject to division (D) of this section, upon request, a public office or person responsible for public records shall make copies available at cost, within a reasonable period of time. In order to facilitate broader access to public records, public offices shall maintain public records in a manner that the records can be made available for inspection in accordance with this section.
(B) If any person chooses to obtain a copy of a public record in accordance with division (A) of this section, the public office or person responsible for the public record shall permit that person to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonable can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the person seeking the copy makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the person seeking the copy.
(C) (1) Upon a request made in accordance with division (A) of this section, a public office or person responsible for public records shall transmit a copy of a public record to any person by United States mail within a reasonable period of time after receiving the request for the copy. The public office or person responsible for the public record may require the person making the request to pay in advance the cost of postage and other supplies used in the mailing.
(2) Any public office may adopt a policy and procedures that it will follow in transmitting, within a reasonable period of time after receiving a request, copies of public records by United States mail pursuant to this division. A public office that adopts a policy and procedures under this division shall comply with them in performing its duties under this division.
(3) In any policy and procedures adopted under this division, a public office may limit the number of records requested by a person that the office will transmit by United States mail to ten per month, unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes. For purposes of this division, COMMERCIAL shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding the operation or activities of government, or nonprofit educational research.
(D) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justiciable claim of the person.
(E) (1) Upon written request made and signed by a journalist on or after December 16, 1999 (the effective date of this amendment), a public office, or person responsible for public records, having custody of the records of the agency employing a specified peace officer shall disclose to the journalist the address of the actual personal residence of the peace officer and, if the peace officer's spouse, former spouse, or child is employed by a public office, the name and address of the employer of the peace officer's spouse, former spouse or child. The request shall include the journalist's name and title and the name and address of the journalist's employer and shall state that disclosure of the information sought would be in the public interest.
(2) As used in division (E) of this section, JOURNALIST means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar medium, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating information for the general public.
(R.C. § 149.43(B))
Statutory reference:
Public records availability and scope; mandamus action to compel disclosure, see R.C. § 149.43
Competitive bidding, public inspection and copying prohibited, see R.C. § 125.071
(A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings, unless the subject matter is specifically excepted by law.
(B) As used in this section:
MEETING. Any prearranged discussion of the public business of the public body by a majority of its members.
PUBLIC BODY. Means any of the following:
(1) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;
(2) Any committee or subcommittee of a body described in division (1) of this definition.
(3) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic municipal and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to R.C. § 6115.10, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in this division (3), "court of jurisdiction" has the same meaning as "court" in R.C. § 6115.01.
REGULATED INDIVIDUAL. Means either of the following:
(1) A student in a state or local public educational institution;
(2) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness or retardation, disease, disability, age, or other condition requiring custodial care.
(C) (1) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.
(2) The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (F) of this section.
(D) This section does not apply to a grand jury, to an audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit, or to other state agencies as set forth in R.C. § 121.22(D) and (E).
(E) (1) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least 24 hours advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.
(2) The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.
(F) The members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected official's removal from office. If a public body holds an executive session pursuant to division (F)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (F)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.
(2) (a) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use this division (F)(2) as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
(b) If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law or regulations or state statutes;
(6) Specialized details of security arrangements if disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law.
(7) If a public body holds an executive session to consider any of the matters listed in divisions (F)(2) to (6) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.
(8) A public body specified in division (3) of the definition of "public body" in this section shall not hold an executive session when meeting for the purposes specified in that division (3).
(G) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (F) of this section and conducted at an executive session held in compliance with this section. A resolution, rule or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (E) of this section.
(H) (1) Any person may bring an action to enforce this section. An action under this division (H)(1) shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions.
(2) (a) If the court of common pleas issues an injunction pursuant to division (H)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of $500 to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in this division (H)(2), reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought the injunction or not award attorney's fees to that party if the court determines both of the following:
1. That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section;
2. That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(b) If the court of common pleas does not issue an injunction pursuant to division (H)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in R.C. § 2323.51(A), the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court.
(3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an injunction issued pursuant to division (H)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.
(R.C. § 121.22)
Statutory reference:
Open meetings and exceptions to specific state bodies, see R.C. § 121.22(D), (E) and (J)
The executive power and authority of the municipality shall be vested in the Mayor, Clerk, Treasurer, Police Chief, Street Commissioner, and such other officers and departments as are created by law.
(R.C. § 733.23)
The Mayor shall be elected for a term of four years commencing on the first day of January next after his or her election. He or she shall be an elector of the municipality, and shall have resided in the municipality for at least one year immediately preceding his or her election. He or she shall be the chief conservator of the peace within the municipality, and shall have the powers and duties provided by law. He or she shall be the President of the Legislative Authority, and shall preside at all regular and special meetings thereof, but shall have no vote except in case of a tie.
(R.C. § 733.24)
The Mayor shall perform all the duties prescribed by the bylaws and ordinances of the municipality. He or she shall see that all ordinances, bylaws, and resolutions of the Legislative Authority are faithfully obeyed and enforced. He or she shall sign all commissions, licenses, and permits granted by the Legislative Authority, or authorized by Title VII of the Revised Code, and such other instruments as by law or ordinance require his or her certificate.
(R.C. § 733.30)
The Mayor shall communicate to the Legislative Authority from time to time a statement of the finances of the municipality, and other information relating thereto, and the general condition of the affairs of the municipality as he or she deems proper, or as is required by the Legislative Authority.
(R.C. § 733.32)
If, in the opinion of the Mayor, an expenditure authorized by the Legislative Authority exceeds the revenues of the municipality for the current year, he or she shall protest against the expenditure and enter the protest, and the reason therefor, on the journal of the Legislative Authority.
(R.C. § 733.33)
The Mayor shall supervise the conduct of all the officers of the municipality, inquire into and examine the grounds of all reasonable complaints against any officers, and cause their violations or neglect of duty to be punished promptly or reported to the proper authority for correction.
(R.C. § 733.34)
At the first regular meeting in January of each year, and at other times as the Mayor deems expedient, he or she shall report to the Legislative Authority concerning the affairs of the municipality, and recommend such measures as seem proper to him or her.
(R.C. § 733.41)
The Mayor shall have general supervision over each department and the officers provided for in Title VII of the Revised Code. When the Mayor has reason to believe that the head of a department or an officer has been guilty, in the performance of his or her official duty, of bribery, misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he or she shall immediately file with the Legislative Authority, except when the removal of the head of the department or officer is otherwise provided for, written charges against the person, setting forth in detail a statement of alleged guilt, and, at the same time, or as soon thereafter as possible, serve a true copy of the charges upon the person against whom they are made. Service may be made on the person or by leaving a copy of the charges at the office of the person. Return thereof shall be made to the Legislative Authority, as is provided for the return of the service of summons in a civil action.
(R.C. § 733.35)
Statutory reference:
Hearing of charges, action taken, suspension pending hearing, process, oaths, compulsory
testimony, costs, see R.C. §§ 733.36 et seq.
When the Mayor is absent from the municipality, or is unable for any cause to perform his or her duties, the President Pro Tempore of the Legislative Authority shall be acting Mayor. In case of the death, resignation, or removal of the Mayor, such President Pro Tempore shall become the Mayor and shall hold office until his or her successor is elected and qualified. Such successor shall be elected to the office for the unexpired term at the first regular municipal election that occurs more than 40 days after the vacancy has occurred, except that when the unexpired term ends within one year immediately following the date of such election, an election to fill such unexpired term shall not be held and the President of the Legislative Authority shall hold the office for such unexpired term.
(R.C. § 733.25)
The Clerk shall be elected for a term of four years, commencing on April 1 next after his or her election. He or she shall be an elector of the municipality.
(R.C. § 733.26)
Cross-reference:
Vacancies, filling of, see § 30.07(D)
Statutory reference:
Combined offices of Clerk and Treasurer authorized, procedure, see R.C. § 733.261
(A) The Clerk shall attend all meetings of the Legislative Authority and keep a record of its proceedings and of all rules, bylaws, resolutions, and ordinances passed or adopted, which shall be subject to the inspection of all persons interested. In case of the absence of the Clerk, the Legislative Authority shall appoint one of its members to perform his or her duties.
(B) The Clerk shall attend training programs for new clerks and annual training programs of continuing education for clerks that are provided by the Auditor of State pursuant to R.C. § 117.44.
(R.C. § 733.27)
The Clerk shall keep the books of the municipality, exhibit accurate statements of all moneys received and expended, of all the property owned by the municipality and the income derived therefrom, and of all taxes and assessments. The Legislative Authority may, by majority vote, merge the duties of the Clerk of the Board of Trustees of Public Affairs with those of the Clerk, allowing the Clerk such additional assistance and compensation in performing the additional duties as the Legislative Authority determines.
(R.C. § 733.28)
Statutory reference:
Board of Trustees of Public Affairs; appointment; election; organization, see R.C. § 735.28
The Legislative Authority shall provide a seal for the Clerk, in the center of which shall be the name of the municipality, and around the margin "Village Clerk," an impression of which seal shall be affixed to all transcripts, orders, certificates, or other papers requiring authentication.
(R.C. § 733.29)
The Treasurer shall be elected for a term of four years, commencing on January 1 next after his or her election. He or she shall be an elector of the municipality.
(R.C. § 733.42)
Cross-reference:
Vacancies, filling of, see § 30.07(D)
Statutory reference:
Combined offices of Clerk and Treasurer authorized, procedure, see R.C. § 733.261
Continuing education programs for Treasurers, see R.C. § 135.22
(A) The Treasurer shall keep an accurate account of:
(1) All moneys received by him or her, showing the amount thereof, the time received, from whom, and on what account received;
(2) All disbursements made by him or her, showing the amount thereof, the time made, to whom, and on what account paid.
(B) He or she shall so arrange his or her books so that the amount received and paid on account of separate funds, or specified appropriations, shall be exhibited in separate accounts. In addition to the ordinary duties of the Treasurer, he or she shall have such powers and perform such duties as are required by any ordinance of the municipality, not inconsistent with Title VII of the Revised Code, and not incompatible with the nature of the office.
(R.C. § 733.43)
The Treasurer shall demand and receive from the County Treasurer taxes levied and assessments made and certified to the County Auditor by the Legislative Authority, and placed on the tax list by the Auditor for collection, moneys from persons authorized to collect or required to pay them, accruing to the municipality from any judgments, fines, penalties, forfeitures, licenses, and costs taxed in Mayor's Court, and debts due the municipality. These funds shall be disbursed by the Treasurer on the order of any person authorized by law or ordinance to issue orders therefor.
(R.C. § 733.44)
The Treasurer shall settle and account with the Legislative Authority, quarterly, and at any other time which it by resolution or ordinance requires. At the first regular meeting of the Legislative Authority in January of each year, the Treasurer shall report to it the condition of the finances of the municipality, the amount received by the Treasurer, the sources of the receipts, the disbursements made by him or her, and on what account, during the year preceding. This account shall exhibit the balance due on each fund which has come into the Treasurer's hands during the year.
(R.C. § 733.45)
The Treasurer shall receive and disburse all funds of the municipality and such other funds as arise in or belong to any department or part of the municipality.
(R.C. § 733.46)
The Treasurer, at the expiration of his or her term of office, or on his or her resignation or removal, shall deliver to his or her successor, all moneys, books, papers, and other property in his or her possession as Treasurer. In the case of the death or incapacity of the Treasurer, his or her legal representatives shall, in like manner, deliver the money and property which were in the Treasurer's hands to the person entitled thereto.
(R.C. § 733.47)
(A) Whenever there is money in the treasury of the municipality which will not be required to be used by the municipality for a period of six months or more, such money, in lieu of being deposited in a bank or banks, may be invested in obligations of the municipality, or in such other bonds or obligations as are or may be specified in R.C. § 731.56, as amended.
(B) Such investments shall be made in the manner and pursuant to the terms and provisions set forth in R.C. §§ 731.56 to 731.59, inclusive.
(`76 Code, § 135.01)
(A) So long as the municipality has not provided for the appointment of an Administrator under R.C. § 735.271 or a substantially similar municipal ordinance, a Street Commissioner shall be appointed by the Mayor and confirmed by the Legislative Authority for a term of one year. He or she need not be a resident of the municipality at the time of his or her appointment, but shall become a resident thereof within six months after his or her appointment and confirmation, unless the residence requirement is waived by ordinance. Vacancies in the office of Street Commissioner shall be filled by the Mayor for the unexpired term.
(B) The appointment of a Street Commissioner shall include a probationary period of six months. If an appointment is made for an unexpired term, and if the same Street Commissioner is reappointed at the end of that term, the probationary period shall continue into his or her next term. No appointment is final until the appointee has satisfactorily completed his or her probationary period. If the service of the appointee is unsatisfactory during the probationary period, he or she may be removed by the Mayor and the reasons for the removal shall be communicated to the Legislative Authority. If a person is appointed to successive terms as Street Commissioner, he or she shall serve only one six month probationary period during those successive terms.
(C) The Police Chief shall be eligible to appointment as Street Commissioner.
(R.C. § 735.31)
Cross-reference:
Police Chief as Acting Street Commissioner, see § 34.03
Under the direction of the Mayor or other chief executive officer, the Street Commissioner, or an engineer, when one is provided by the Legislative Authority, shall supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, wards, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, ship channels, streams, and water courses. The Street Commissioner or engineer shall also supervise the lighting, sprinkling, and cleaning of all public places, and shall perform such other duties, consistent with the nature of his or her office, as the Mayor or other chief executive officer requires.
(R.C. § 735.32)
The Street Commissioner or engineer mentioned in § 31.41 shall have such assistants as the Legislative Authority provides, who shall be employed by the Street Commissioner, and serve for such time and compensation as is fixed by the Legislative Authority.
(R.C. § 735.33)
When it deems it necessary, the Legislative Authority may provide legal counsel for the municipality, or for any department or official thereof, for a period not to exceed two years, and provide compensation for such counsel.
(R.C. § 733.48)
(A) Position established. The position of Urban Forester is hereby established for the purposes of managing the vegetation owned and maintained by the village. The Urban Forester shall be a certified arborist and shall perform all other duties assigned by the Village Council through the Chairperson of the Buildings and Grounds Committee. The Urban Forester shall be appointed by the Mayor but shall not take office until such appointment has been approved by a majority vote of the members elected to the Village Council.
(`76 Code, § 147.01)
(B) Powers and duties. The Urban Forester shall have the powers and perform the duties necessary to manage and maintain the village-owned vegetation in accordance with the standards set forth by the National Arborist Association. The Urban Forester's responsibilities shall include but shall not be limited to the following:
(1) Manage all village-owned vegetation including village-owned trees;
(2) Diagnose problems and present solutions associated with the vegetation management;
(3) Supervise all work crews hired to plant, remove, fertilize, prune or otherwise maintain village-owned vegetation;
(4) Select tree species for the village-owned land in accordance with the Master Street Tree Plan prepared for the village;
(5) Assist the Chairperson of the Buildings and Grounds Committee with street tree planning and upgrading and maintenance programs including insect and disease control;
(6) Encourage and foster the planting of trees and other vegetation for the benefit of the village and disseminate information to the public concerning the selection and care of trees;
(7) Evaluate tree planting and maintenance programs and make recommendations to the Chairperson of the Building and Grounds Committee for improvements;
(8) Implement and maintain street tree inventories;
(9) Provide developers with information and recommendations of the village relative to trees or other vegetation planted on village-owned property;
(10) Assist the Buildings and Grounds Chairperson in the preparation of the budget for the Shade Tree Program;
(11) Assist the Buildings and Grounds Chairperson in the preparation of any grant applications which involve the request of funds for the village-maintained vegetation;
(12) Participate in public relations with residents and commercial establishments as a result of changes or adjustments in the village's vegetation and investigate complaints from any person concerning the planting, removal or protection of any tree or other village vegetation.
(13) Shall, together with the Chairperson of the Buildings and Grounds Committee, at their discretion, establish the Tree Board Advisory Committee to work with the Chairperson and the Urban Forester in the management of the tree program for the village.
(`76 Code, § 147.02) (Ord. 10-1-1993, passed 12-7-93)
Cross-reference:
Shade Tree Program, see § 94.04
There is hereby established the office of Secretary, Custodian of the Community House and Clerk of Mayor's Court to furnish clerical, secretarial and custodial services to the municipality and to assist the Mayor and Police Department in the keeping of records, filing of documents and to attend the village office and Community House and answer calls of residents during working hours.
(`76 Code, § 131.01) (Ord. 5-1974, passed 1-8-74)
Cross-reference:
Administration Secretary of Police Department as Clerk of Mayor's Court, see § 34.02
Community House, see § 94.65
The legislative power of each municipality shall be vested in, and exercised by, a Legislative Authority, composed of six members, who shall be elected by the electors of the municipality at large, for terms of four years.
(R.C. § 731.09)
(A) At the first meeting in January of each year, the Legislative Authority shall immediately proceed to elect a President Pro Tempore from its own number, who shall serve until the first meeting in January next after his or her election. The Legislative Authority may provide employees for the municipality as it determines, and employees may be removed at any regular meeting by a majority of the members elected to the Legislative Authority.
(B) When the Mayor is absent from the municipality, or is unable, for any cause, to perform his or her duties, the President Pro Tempore shall be the acting Mayor, and shall have the same powers and perform the same duties as the Mayor.
(R.C. § 731.10)
When the President Pro Tempore of the Legislative Authority becomes the Mayor, the vacancy thus created shall be filled as provided in § 32.06, and the Legislative Authority shall elect another President Pro Tempore from its own number, who shall have the same rights, powers, and duties as his or her predecessor.
(R.C. § 731.11)
(A) Each member of the Legislative Authority shall have resided in the municipality for at least one year immediately preceding the member's election, and shall be an elector of the municipality. No member of the Legislative Authority shall hold any other public office, be interested in any contract with the municipality, or hold employment with the municipality, except that the member may be a notary public, a member of the state militia, or a volunteer firefighter of the village; provided that such member shall not receive any compensation for his or her services as a volunteer firefighter of the village in addition to his or her regular compensation as a member of the Legislative Authority. Any member who ceases to possess any of these qualifications, or who moves from the municipality, shall forfeit his or her office.
(B) The purpose of establishing a one-year residency requirement in this section is to recognize that the municipality has a substantial and compelling interest in encouraging qualified candidacies for election to the office of member of the Legislative Authority by ensuring that a candidate for the office has every opportunity to become knowledgeable with and concerned about the problems and needs of the area the candidate seeks to represent. In enacting this requirement, the municipality finds that the one-year period is reasonably related to this purpose, while leaving unimpaired a person's right to travel, to vote, and to be a candidate for public office.
(R.C. § 731.12)
The Legislative Authority shall fix the compensation and bonds of all officers, clerks, and employees of the municipality, except as otherwise provided by law. The Legislative Authority shall, in the case of elective officers, fix their compensation for the ensuing term of office at a meeting held not later than five days prior to the last day fixed by law for filing as a candidate for such office. All bonds shall be made with sureties subject to the approval of the Mayor. The compensation so fixed shall not be increased or diminished during the term for which any officer is elected or appointed. This section does not prohibit the payment of any increased costs of continuing to provide the identical benefits provided to an officer at the commencement of his or her term of office.
(R.C. § 731.13)
(A) Except as otherwise provided in division (B) of this section, when the office of a member of the Legislative Authority becomes vacant, the vacancy shall be filled by election by the Legislative Authority for the unexpired term. If the Legislative Authority fails within 30 days to fill the vacancy, the Mayor shall fill it by appointment, except that subject to division (B) of this section, when the vacancy occurs because of the operation of R.C. § 733.25, or a substantially similar municipal ordinance, the successor shall hold office only for the period the President Pro Tempore of the Legislative Authority holds the office of Mayor.
(B) When a vacancy occurs in the office of a member of the Legislative Authority of a village with a population of less than 2,000 because of the operation of R.C. § 733.25, or a substantially similar municipal ordinance, at the time the President Pro Tempore becomes Mayor, the President Pro Tempore shall decide whether he or she wishes to serve the remainder of his or her unexpired term as a member of the Legislative Authority when the Mayor's successor is elected and qualified in accordance with R.C. § 733.25, or a substantially similar municipal ordinance. If the President Pro Tempore decides to serve the remainder of his or her unexpired term as a member of the Legislative Authority, the vacancy on the Legislative Authority shall not be filled and the President Pro Tempore shall resume serving his or her unexpired term on the Legislative Authority as soon as the Mayor's successor is elected and qualified. If the President Pro Tempore decides not to resume serving the remainder of his or her unexpired term as a member of the Legislative Authority as soon as the Mayor's successor is elected and qualified, then the vacancy in the office of the member of the Legislative Authority shall be filled in accordance with this section.
(R.C. § 731.43(A))
The Legislative Authority shall be the judge of the election and qualification of its members. A majority of all the members elected shall be a quorum, but a less number may adjourn from day to day and compel attendance of absent members in a manner and under penalties as are prescribed by ordinance. The Legislative Authority shall provide rules for the manner of calling special meetings.
(R.C. § 731.44)
Cross-reference:
Open meetings, see § 30.09
The Legislative Authority shall determine its own rules, and keep a journal of its proceedings. It may punish or expel any member for disorderly conduct or violation of its rules, and declare his or her seat vacant for absence without valid excuse, where the absence has continued for two months. No expulsion shall take place without the concurrence of two-thirds of all the members elected, and until the delinquent member has been notified of the charge against him or her, and has had an opportunity to be heard.
(R.C. § 731.45)
The Legislative Authority shall not be required to hold more than one regular meeting in each week. The meetings may be held at a time and place as is prescribed by ordinance, and shall, at all times, be open to the public. The Mayor, or any three members of the Legislative Authority, may call special meetings upon at least 12 hours notice to each member, served personally or left at his or her usual place of residence.
(R.C. § 731.46)
Cross-reference:
Open meetings, see § 30.09
Rules of Council: 24 hour notice required for special meetings, see § 32.13(C)
The Legislative Authority shall have the management and control of the finances and property of the municipality, except as otherwise provided.
(R.C. § 731.47)
The Legislative Authority may declare vacant the office of any person elected or appointed to the office who, within ten days after he or she has been notified of his or her appointment or election, or obligation to give a new or additional bond, fails to take the required official oath or to give any bond required of him or her.
(R.C. § 731.49)
Statutory reference:
Ordinances and resolutions generally, see R.C. §§ 731.17 through 731.27
(A) When the Legislative Authority declares by resolution that an officer shall give a new bond, written notice shall be served by the Clerk upon the officer designated, and a copy of the notice, with a statement of the time and place of service, shall be recorded in the proceedings of the Legislative Authority.
(B) If the officer fails to give such new bond, with sureties, to the satisfaction of the Mayor, within ten days after such service, the Legislative Authority shall declare the office vacant, and the vacancy shall be filled in the manner provided in Title VII of the Revised Code.
(C) When a new bond is accepted or the Legislative Authority declares the office vacant, the sureties of the original bond shall cease to be liable for the acts of such officer done thereafter, but shall continue to be liable for his or her acts then already done.
(R.C. § 731.50)
(A) Meeting. The regular meetings of Council shall be held in the Council Chambers on the second Tuesday of each month commencing at 7:30 p.m, or such other time as Council unanimously agrees to meet upon proper public notice in accordance with law.
(B) Discussions. Discussions at meetings of Council shall be confined to members thereof, except at designated public hearings when the public shall be permitted to address Council. Any person or group of persons or organization may address any meeting of Council through a designated representative who shall speak for them, after having requested and received permission from the Mayor.
(C) Special meetings. The Mayor or any three members of Council may call a special meeting of Council upon at least 24 hours notice to each member of Council, served personally in writing or left at his or her usual place of residence.
(D) Question of order. The Mayor shall preserve decorum and decide all questions of order, subject to an appeal to Council. In case of an appeal being taken the question is: "Shall the decision of the chair stand as the decision of Council?" If any member transgresses the rules of Council, the Mayor shall, or any member may, call him or her to order, in which case the member called to order shall take his or her seat, unless permitted to explain.
(E) Statement of questions. All questions are to be stated and put by the Chairperson who shall decide all votes, but in doubtful cases he or she may direct, or any member may call for a division, which shall be taken by calling the roll and the Clerk recording the yeas and nays.
(F) Temporary Chairperson. The Mayor may, at any time, call the President Pro Tem to the chair; in his or her absence, any other member of Council may be called to the chair, such substitution not to be continued beyond adjournment.
(G) Recess. The Mayor shall have the right at any regular or special meeting to call a recess or recesses, any one of which shall not exceed 30 minutes duration.
(H) Seating. Council shall be seated in alphabetical order, commencing at the left of the Mayor.
(I) Debate. Every member of Council when about to speak or make a motion shall respectfully address the Mayor or presiding officer, who shall recognize the member entitled to the floor, and such member shall confine himself or herself to the subject matter.
(J) Speaking to the subject. No member shall be allowed to speak on any one subject more than once until every member choosing to speak on that subject shall have spoken, nor more than twice on the same subject without consent of Council.
(K) Vote. Every member present when a question is put shall vote, unless Council excuses the member for special reasons. Application to be so excused must be made before Council is divided or the call of the yeas and nays commenced, and the reasons for the request having been briefly stated, the question shall be immediately put by the Mayor.
(L) Division of question. Any member may request the division of an ordinance, resolution or motion, by paragraph, when the same will admit thereof, subject to the approval of Council by majority vote.
(M) Protest. Any member shall have the right to dissent from or protest against any ordinance or resolution of Council. The dissenting member may, not later than the next regular meeting thereafter, request in writing that his or her dissent or protest be recorded in the Clerk's journal.
(N) Consent to leave meeting. No member shall leave Council without the consent of the majority of those present.
(O) Order of business. At the regular meetings of Council, the following shall be the order of business:
(1) Call to order by Mayor or President Pro Tem, who shall preside.
(2) Roll call by Clerk.
(3) Permission to address Council.
(4) Approval of minutes of the preceding meeting, which minutes may be submitted in writing to the Mayor and each member of Council prior to the meeting.
(5) Communications:
(a) Private parties.
(b) Mayor.
(c) Other officers.
(d) Members of Council.
(6) Reports of Standing Committees:
(a) Rules and Law.
(b) Buildings and Grounds.
(c) Finances.
(d) Public Safety.
(e) Public Works and Services.
(f) Planning and Zoning.
(7) Presentation of notices.
(8) Miscellaneous resolutions (single reading).
(9) Resolutions directing officers of village (single reading).
(10) Resolutions of finance or legal resolutions (three readings).
(11) Introduction of ordinances (three readings).
(12) Second reading:
(a) Resolutions.
(b) Ordinances.
(13) Third reading:
(a) Resolutions.
(b) Ordinances.
(c) Indefinite postponement.
(14) Adjournment.
(P) Adjournment. Petitions having been presented, the business of all meetings will commence at the point where the order of business at the preceding meeting was interrupted by the adjournment. This division does not apply to meetings called for a purpose specifically named. At such meetings no other business except that specially named in the call shall be in order.
(Q) Standing Committees. There shall be six Standing Committees appointed of three members each. Each member of Council shall be Chairperson of one committee and serve on two other committees. The Standing Committees are as follows, with functions:
(1) Rules and Law: General Assembly, law, contracts and claims.
(2) Buildings and Grounds: health, sanitation, parks, playgrounds and community property.
(3) Finances: appropriation of property, sale of property, assessments for improvement, finance, ways and means.
(4) Public Safety: fire, police, traffic.
(5) Public Works: services, light, telephone, telegraph, water, conduits, sewers, streets, roads, waste collection, transportation.
(6) Planning and Zoning: Building Code, zoning, dedication of property.
(R) Appointment of committee. The members shall be appointed by the Mayor or presiding officer, unless otherwise ordered by Council.
(S) Committee rules. The members of a committee shall meet on the call of the Chairperson, who shall be the first named person on the committee. In case of absence of the Chairperson, the person named second on the committee shall be recognized as the Chairperson. A majority shall constitute a quorum to do business.
(T) Committee reports. The report of all committees (except the Committee of the Whole and except committee reports on proposed ordinances which shall be in writing) shall be agreed to by a majority of the committee. Nothing in this division shall be construed to prevent the introduction of a minority report in writing.
(U) Committee of the Whole. In forming the Committee of the Whole, the Mayor shall leave the chair, and the President Pro Tem shall preside, and the rules of Council shall govern the Committee, except that no limit is placed on the time or frequency of speaking, that the previous question cannot be moved and that the yeas and nays cannot be demanded.
(V) Procedure for legislation.
(1) The following procedures shall apply to the passage of ordinances and resolutions:
(a) Each ordinance and resolution shall be read by title only, provided the Legislative Authority may require any reading to be in full by a majority vote of its members.
(b) Each ordinance or resolution shall be read on three different days, provided the Legislative Authority may dispense with this rule by a vote of at least three-fourths of its members.
(c) The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.
(d) Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least of majority of all the members of the Legislative Authority.
(2) Action by the Legislative Authority, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken.
(R.C. § 731.17)
(W) Motions. When a motion is made and seconded, it shall, before discussion, be stated by the Mayor or presiding officer.
(X) Precedence of motions when a question is before Council.
(1) When a question is before Council, no motion shall be entertained unless:
(a) To adjourn;
(b) To recess;
(c) To postpone indefinitely;
(d) To lay on the table;
(e) For the previous question;
(f) To postpone to a certain time;
(g) To refer;
(h) To amend;
(2) These motions shall have precedence in the order in which they are listed here.
(Y) Special order. It shall require the vote of a majority of the members present to make any subject a special order.
(Z) Suspending the rules. A motion to suspend the rules shall require the concurrence of two-thirds of all the members elected and shall be decided without debate.
(AA) First reading. The first reading of a proposed ordinance or resolution shall be for information, the second for the purpose of amendments. If at the third reading an ordinance is ordered to be laid on the table, it shall not be taken up again, except by a majority vote of all the members elected.
(BB) Bills. All bills against the municipality for money must have the approval of the committee ordering the work, material or article for which the bills are presented.
(CC) Emergency separation.
(1) Upon each ordinance containing an emergency clause, there may first be had the usual vote necessary for the passage of the particular ordinance. Such vote, however, may be upon the ordinance exclusive of the emergency section, and shall be announced as the vote upon the ordinance. Immediately upon the passage of such an ordinance, a vote may be taken by separate roll call upon the emergency section.
(2) The emergency section may be passed only upon the affirmative vote of three-fourths of all members elected to Council.
(DD) Parliamentary procedure. Robert's Rules of Order, revised edition, shall be used to cover all points of parliamentary procedure not covered by the foregoing rules of procedure.
(`76 Code, § 121.01) (Ord. 17-1960, passed 9-13-60)
All contracts made by the Legislative Authority shall be executed in the name of the municipality and signed on its behalf by the Mayor and Clerk. Except where the contract is for equipment, services, materials or supplies to be purchased under R.C. § 125.04, 713.23(D), or 5513.01, or available from a qualified nonprofit agency pursuant to R.C. §§ 4511.31 through 4511.35, when any expenditure, other than the compensation of persons employed therein, exceeds $15,000, such contracts shall be in writing and made to the lowest and best bidder after advertising for not less than two nor more than four consecutive weeks in a newspaper of general circulation within the municipality. The bids shall be opened and shall be publicly read by the Clerk or a person designated by the Clerk at the time, date and place specified in the advertisement to bidders or specifications. The time, date and place of bid openings may be extended to a late date by the Legislative Authority, provided that written or oral notice of the change shall be given to all persons who have received or requested specifications no later than 96 hours prior to the original time and date fixed for the opening. This division does not apply to the municipality if an Administrator has been appointed pursuant to the provisions of R.C. § 735.271, or a substantially similar municipal ordinance.
(R.C. § 731.14)
Each bid on any contract under § 32.25 shall contain the full name of every person interested in such bid. If the bid is for the construction, demolition, alteration, repair, or reconstruction of an improvement, it shall meet the requirements of R.C. § 153.54. If the bid is for any other contract authorized by § 32.25, it shall be accompanied by a sufficient bond or certified check, cashiers check, or money order on a solvent bank or savings and loan association that, if the bid is accepted, a contract will be entered into and the performance of it properly secured. If the bid for work embraces both labor and materials, it shall be separately stated, with the price thereof. The Legislative Authority or Administrator, in the event an Administrator has been appointed as provided by R.C. § 735.271, or a substantially similar municipal ordinance, may reject any and all bids. The contract shall be between the municipality and the bidder, and the municipality shall pay such contract price in cash. When a bonus is offered for completion of a contract prior to a specified date, the Legislative Authority or Administrator, in the event an Administrator has been appointed as provided in R.C. § 735.271, or a substantially similar municipal ordinance, may exact a prorated penalty in like sum for each day or delay beyond the specified date. When there is reason to believe there is collusion or combination among bidders, the bids of those concerned therein shall be rejected.
(R.C. § 731.15)
When it becomes necessary in the opinion of the Legislative Authority or Administrator, in the event an Administrator has been appointed as provided in R.C. § 735.271, or a substantially similar municipal ordinance, in the prosecution of any work under contract, to make alterations or modifications in such contract, such alterations or modifications shall be made only by the Legislative Authority by resolution or by the Administrator in writing, in the event an Administrator had been appointed as provided in R.C. § 735.271, or a substantially similar municipal ordinance, but such resolution or written modification shall be of no effect until the price to be paid for the work and material, or both, under the altered or modified contract has been agreed upon in writing and signed by the contractor, and by the Mayor or Administrator in the event an Administrator has been appointed as provided in R.C. § 735.271, or a substantially similar municipal ordinance, on behalf of the municipality. No contractor shall recover anything for work or material because of any alteration or modification unless such contract is made as provided in this section, nor shall the contractor recover for such work or material, or either, more than the agreed price. The law relating to requiring bids and the awarding of contracts for public buildings, so far as they apply, shall remain in effect. A duplicate copy of each contract shall be filed in the office of the Treasurer.
(R.C. § 731.16)
The Legislative Authority shall not enter into any contract which is not to go into full operation during the term for which all the members of such Legislative Authority are elected.
(R.C. § 731.48)
(A) In all municipalities not being the site of a municipal court nor a place where a judge sits pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor has jurisdiction, except as provided in divisions (B), (C) and (E) of this section and subject to the limitation contained in R.C. § 1905.03 and the limitation contained in R.C. § 1905.031, to hear and determine any prosecution for the violation of an ordinance of the municipality, to hear and determine any case involving a violation of a vehicle parking or standing ordinance of the municipality unless the violation is required to be handled by a parking violations bureau or joint parking violations bureau pursuant to R.C. Chapter 4521, and to hear and determine all criminal cases involving any moving traffic violation occurring on a state highway located within the boundaries of the municipality, subject to the limitations of R.C. §§ 2937.08 and 2938.04.
(B) (1) In all municipalities not being the site of a municipal court nor a place where a judge of a court sits as required pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor has jurisdiction, subject to the limitation contained in R.C. § 1905.03, to hear and determine prosecutions involving a violation of an ordinance of the municipality relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, and to hear and determine criminal causes involving a violation of R.C. § 4511.19 or a substantially similar municipal ordinance that occur on a state highway located within the boundaries of the municipality, subject to the limitations of R.C. §§ 2937.08 and 2938.04, only if the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
(a) A violation of an ordinance of any municipality relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;
(b) A violation of R.C. § 4511.19 or a substantially similar municipal ordinance;
(c) A violation of any ordinance of any municipality or of any section of the Revised Code that regulates the operation of vehicles upon the streets, in relation to which all of the following apply:
1. The person, in the case in which the conviction was obtained or the plea of guilty was entered, had been charged with a violation of an ordinance of any municipality relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or with a violation of R.C. § 4511.19 or a substantially similar municipal ordinance.
2. The charge of the violation described in division (B)(1)(c)1. of this section was dismissed or reduced;
3. The violation of which the person was convicted or to which he or she pleaded guilty arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(d) A violation of a statute of the United States or any other state or a municipal ordinance of a municipality located in any other state that is substantially similar to R.C. § 4511.19.
(2) The Mayor does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (B)(1)(a) or (b) of this section, regardless of where the violation occurred, if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (b), (c), or (d) of this section.
(3) If the Mayor, in hearing a prosecution involving a violation of an ordinance of the municipality he or she serves relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, or in hearing a criminal cause involving a violation of R.C. § 4511.19 or a substantially similar municipal ordinance, determines that the person charged, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (b), (c), or (d) of this section, the Mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation charged, in accordance with R.C. § 1905.032.
(C) (1) In all municipalities not being the site of a municipal court and not being a place where a judge of a court listed in division (A) of this section sits as required pursuant to R.C. § 1901.021 or by designation of the judges pursuant to R.C. § 1901.021, the Mayor, subject to R.C. §§ 1901.031, 2937.08, and 2938.04, has jurisdiction to hear and determine prosecutions involving a violation of a municipal ordinance that is substantially equivalent to R.C. § 4507.02(B)(1) or (D)(2) and to hear and determine criminal causes that involve a moving traffic violation, that involve a violation of R.C. § 4507.02(B)(1) or (D)(2), and that occur on a state highway located within the boundaries of the municipality only if all of the following apply regarding the violation and the person charged:
(a) Regarding a violation of R.C. § 4507.02(B)(1) or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within five years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
1. A violation of R.C. § 4507.02(B)(1).
2. A violation of a municipal ordinance that is substantially equivalent to R.C. § 4507.02(B)(1).
3. A violation of any municipal ordinance or section of the Revised Code that regulates the operation of vehicles upon the highways or streets, in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(a)1. or 2. of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(b) Regarding a violation of R.C. § 4507.02(D)(2) or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within five years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
1. A violation of R.C. § 4507.02(D)(2).
2. A violation of a municipal ordinance that is substantially equivalent to R.C. § 4507.02(D)(2).
3. A violation of any municipal ordinance or section of the Revised Code that regulates the operation of vehicles upon the highways or streets, in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(b)1. or 2. of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(2) The Mayor does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(a)1. or 2. of this section if the person charged with the violation, within five years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(a)1. through 3. of this section and does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(b)1. or 2. of this section if the person charged with the violation, within five years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(b)1. through 3. of this section.
(3) If the Mayor, in hearing a prosecution involving a violation of an ordinance of the municipality he or she serves that is substantially equivalent to R.C. § 4507.02(B)(1) or (D)(2) or a violation of R.C. § 4507.02(B)(1) or (D)(2), determines that, under division (C)(2) of this section, he or she does not have jurisdiction of the prosecution, the Mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation in accordance with R.C. § 1905.032.
(D) If the Mayor has jurisdiction pursuant to division (B)(1) of this section to hear and determine a prosecution or criminal cause involving a violation described in division (B)(1)(a) or (b) of this section, the authority of the Mayor to hear or determine the prosecution or cause is subject to the limitation contained in R.C. § 1905.03(C). If the Mayor has jurisdiction pursuant to division (A) or (C) of this section to hear and determine a prosecution or criminal cause involving a violation other than a violation described in division (B)(1)(a) or (b) of this section, the authority of the Mayor to hear or determine the prosecution or cause is subject to the limitation contained in R.C. § 1905.031(C).
(E) (1) The Mayor of a municipal corporation does not have the jurisdiction to hear and determine any prosecution or criminal cause involving any of the following:
(a) A violation of R.C. § 2919.25 or 2919.27;
(b) A violation of R.C. § 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211 that involves a person who was a family or household member of the defendant at the time of the violation;
(c) A violation a municipal ordinance that is substantially equivalent to an offense described in division (E)(1)(a) or (E)(1)(b) of this section and that involves a person who was a family or household member of the defendant at the time of the violation.
(2) The Mayor of a municipal corporation does not have the jurisdiction to hear and determine a motion filed pursuant to R.C. § 2919.26 or filed pursuant to a municipal ordinance that is substantially equivalent to that section or to issue a protection order pursuant to that section or a substantially equivalent municipal ordinance.
(3) As used in this section, FAMILY OR HOUSEHOLD MEMBER has the same meaning as in R.C. § 2919.25.
(F) In keeping his or her docket and files, the Mayor and a Mayor's Court Magistrate appointed under R.C. § 1905.05 shall be governed by the laws pertaining to county courts.
(R.C. § 1905.01)
Cross-reference:
Mayor generally, see §§ 31.10 through 31.17
(A) The Mayor has, within the corporation limits, all the powers conferred upon sheriffs to suppress disorder the keep the peace.
(B) The Mayor shall award and issue all writs and process that are necessary to enforce the administration of justice throughout the municipality. The Mayor shall subscribe his or her name and affix his or her official seal to all writs, process, transcripts, and other official papers. A Mayor's Court Magistrate, in hearing and determining prosecutions and criminal causes that are within the scope of his or her authority under R.C. § 1905.05, has the same powers and duties as are granted to or imposed upon a Mayor under this division.
(C) The Mayor shall be disqualified in any criminal case in which he or she was the arresting officer, assisted in the arrest, or was present at the time of arrest, and shall not hear the case.
(R.C. § 1905.20)
Statutory reference:
Mayor's power in OMVI cases to suspend or revoke driver's licenses, see R.C. § 1905.201
(A) The Mayor and a Mayor's Court Magistrate shall keep a docket. Neither the Mayor nor a Mayor's Court Magistrate shall retain or receive for his or her own use any of the fines, forfeitures, fees, or costs he or she collects. A Mayor's Court Magistrate shall account for all such fines, forfeitures, fees, and costs he or she collects and transfer them to the Mayor. The Mayor shall account for and dispose of all such fines, forfeitures, fees, and costs he or she collects, including all such fines, forfeitures, fees, and costs that are transferred to him or her by a Mayor's Court Magistrate, as provided in R.C. § 733.40.
(B) The Mayor shall be paid such fixed annual salary as the Legislative Authority provides under R.C. §§ 731.08 and 731.13, and a Mayor's Court Magistrate shall receive compensation as provided in R.C. § 1905.05.
(C) The Mayor shall keep an office, provided by the Legislative Authority, at a convenient place in the municipality, and shall be furnished by the Legislative Authority with the corporate seal of the municipality. In the center of the seal shall be the words, "Mayor of the Village of . . . ."
(R.C. § 1905.21)
(A) A Mayor of a municipality that has a Mayor's Court may appoint a person as Mayor's Court Magistrate to hear and determine prosecutions and criminal cases in the Mayor's Court that are within the jurisdiction of the Mayor's Court, as set forth in R.C. § 1905.01. No person shall be appointed as a Mayor's Court Magistrate unless the person has been admitted to the practice of law in this state and, for a total of at least three years preceding his or her appointment or the commencement of his or her service as magistrate, has been engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both.
(1) A person appointed as a Mayor's Court Magistrate under this division is entitled to hear and determine prosecutions and criminal cases in the Mayor's Court that are within the jurisdiction of the Mayor's Court, as set forth in R.C. § 1905.01. If a Mayor is prohibited from hearing or determining a prosecution or cause that charges a person with a violation of R.C. § 4511.19 or a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine due to the operation of R.C. § 1905.03(C), or is prohibited from hearing or determining any other prosecution or cause due to the operation of R.C. § 1905.031(C), the prohibition against the Mayor hearing or determining the prosecution or causes does not affect and shall not be construed as affecting the jurisdiction or authority of a person appointed as a Mayor's Court Magistrate under this division to hear and determine the prosecution or cause in accordance with this section. In hearing and determining such prosecutions and causes, the magistrate has the same powers, duties, and authority as does a Mayor who conducts a Mayor's Court to hear and determine prosecutions and causes in general, including, but not limited to, the power and authority to decide the prosecution or cause, enter judgement, and impose sentence; the powers, duties, and authority granted to Mayors of Mayor's Courts by this chapter, in relation to the hearing and determination of prosecutions and causes in Mayor's Courts; and the powers, duties, and authority granted to Mayors of Mayor's Courts by any provisions of the Revised Code, in relation to the hearing and determination of prosecutions and causes in Mayor's Courts. A judgement entered and a sentence imposed by a Mayor's Court Magistrate do not have to be reviewed or approved by the Mayor who appointed the Magistrate, and have the same force and effect as if they had been entered or imposed by the Mayor.
(2) A person appointed as a Mayor's Court Magistrate under this division is not entitled to hear or determine any prosecution or criminal cause other than prosecutions and causes that are within the jurisdiction of the Mayor's Court, as set forth in R.C. § 1905.01.
(3) A municipality that a Mayor's Court Magistrate serves shall pay the compensation for the services of the Magistrate, which shall be either a fixed annual salary set by the Legislative Authority or a fixed annual amount or fees for services rendered set under a contract the Magistrate and the municipality enter into.
(B) The appointment of a person as a Mayor's Court Magistrate under division (A) of this section does not preclude the Mayor that appointed the Magistrate, subject to the limitation contained in R.C. § 1905.03 and the limitation contained in R.C. § 1905.031, from also hearing and determining prosecutions and criminal causes in the Mayor's Court that are within the jurisdiction of the Mayor's Court, as set forth in R.C. § 1905.01.
(R.C. § 1905.05)
Statutory reference:
Mayor's Court Magistrate's power in OMVI cases to suspend or revoke driver's licenses, see R.C. § 1905.201
The Mayor or the Mayor's Court Magistrate, in the absence of the Mayor, may summarily punish a person guilty of misbehavior in the presence of or so near the court or judge as to obstruct the administration of justice.
(`76 Code, § 171.01(a)) (Ord. 4-1-1997, passed 5-13-97)
Statutory reference:
Authorized, see R.C. §§ 1905.28 and 2705.01
(A) A person guilty of any of the following acts may be punished for contempt:
(1) Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment, or command of a court or officer of the court;
(2) Misbehavior of an officer of the court in the performance of official duties, or in official transactions;
(3) A failure to obey a subpoena duly served, or a refusal to be sworn or to answer as a witness, when lawfully required;
(4) The rescue or attempted rescue of a person or of property in the custody of an officer by virtue of an order or process of court held by the officer;
(5) A failure upon the part of a person recognized to appear as a witness in a court to appear in compliance with the terms of the person's recognizance;
(6) A failure to comply with an order issued pursuant to R.C. § 3111.20, 3111.211 or 3111.22 or a withholding or deduction notice issued under R.C. § 3111.23;
(7) A failure to obey a subpoena issued by the Department of Job and Family Services or a child support enforcement agency pursuant to R.C. § 5101.37;
(8) A willful failure to submit to genetic testing, or a willful failure to submit a child to genetic testing, as required by an order for genetic testing issued under R.C. § 3111.22.
(R.C. § 2705.02) (`76 Code, § 171.01(b)) (Ord. 4-1-1997, passed 5-13-97)
(B) If a person summoned to appear as provided in R.C. § 2935.10(B) fails to appear without just cause and personal service of the summons was had upon the person, he or she may be found guilty of contempt of court, and may be fined not to exceed $20 for such contempt. Upon failure to appear, the court or magistrate may forthwith issue a warrant for his or her arrest.
(R.C. § 2935.11)
In cases under § 33.21, a charge in writing shall be filed with the Clerk of the Court, an entry thereof made upon the journal, and an opportunity given to the accused to be heard, by himself, herself or counsel. This section does not prevent the court from issuing process to bring the accused into court, or from holding him or her in custody pending such proceedings.
(R.C. § 2705.03) (`76 Code, § 171.01(c)) (Ord. 4-1-1997, passed 5-13-97)
(A) As used in this section, TITLE IV-D CASE has the same meaning as in R.C. § 3113.21.
(B) (1) Any party who has a legal claim to any support ordered for a child, spouse, or former spouse may initiate a contempt action for failure to pay the support. In Title IV-D cases, the contempt action for failure to pay support also may be initiated by an attorney retained by the party who has the legal claim, the prosecuting attorney, or an attorney of the Department of Job and Family Services or the child support enforcement agency.
(2) Any person who is granted visitation rights under a visitation order or decree issued pursuant to R.C. § 3109.051, 3109.11 or 3109.12 or pursuant to any other provision of the Ohio Revised Code, or any other person who is subject to any visitation order or decree, may initiate a contempt action for the failure to comply with, or an interference with, the order or decree.
(C) In any contempt action initiated pursuant to division (B) of this section, the accused shall appear upon the summons and order to appear that is issued by the court. The summons shall include all of the following:
(1) Notice that failure to appear may result in the issuance of an order of arrest, and in cases involving alleged failure to pay support, the issuance of an order for the payment of support by withholding an amount from the personal earnings of the accused or by withholding or deducting an amount from some other asset of the accused;
(2) Notice that the accused has a right to counsel, and that if indigent, the accused must apply for a public defender or court appointed counsel within three business days after receipt of the summons;
(3) Notice that the court may refuse to grant a continuance at the time of the hearing for the purposes of the accused obtaining counsel if the accused fails to make a good faith effort to retain counsel or to obtain a public defender;
(4) Notice of the potential penalties that could be imposed upon the accused if the accused is found guilty of contempt for failure to pay support or for a failure to comply with, or an interference with, a visitation order or decree.
(D) If the accused is served as required by the Rules of Civil Procedure or by any special statutory proceedings that are relevant to the case, the court may order the attachment of the person of the accused upon failure to appear as ordered by the court.
(E) The imposition of any penalty under § 33.25 shall not eliminate any obligation of the accused to pay any past, present or future support obligation or any obligation of the accused to comply with or refrain from interfering with the visitation order or decree. The court shall have jurisdiction to make a finding of contempt for the failure to pay support and to impose the penalties set forth in § 33.25 in all cases in which past due support is at issue even if the duty to pay support has terminated, and shall have jurisdiction to make a finding of contempt for a failure to comply with, or an interference with, a visitation order or decree and to impose the penalties set forth in § 33.25 in all cases in which the failure or interference is at issue even if the visitation order or decree is no longer in effect.
(R.C. § 2705.031)
(A) In proceedings under § 33.21, if the writ is not returnable forthwith, the court may fix the amount of a bond to be given by the accused, with surety to the satisfaction of the sheriff. Upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of a bond to be given, with surety to the satisfaction of the Clerk of the Court, for the appearance of the accused to answer the charge.
(B) On the execution of such bond, the accused shall be released from custody.
(R.C. § 2705.04)
(A) In all contempt proceedings, the court shall conduct a hearing. At the hearing, the court shall investigate the charge and hear any answer or testimony that the accused makes or offers and shall determine whether the accused is guilty of the contempt charge. If the accused is found guilty, the court may impose any of the following penalties:
(1) For a first offense, a fine of not more than $250, a definite term of imprisonment of not more than 30 days in jail, or both;
(2) For a second offense, a fine of not more than $500, a definite term of imprisonment of not more than 60 days in jail, or both;
(3) For a third or subsequent offense, a fine of not more than $1,000, a definite term of imprisonment of not more than 90 days in jail, or both.
(B) In all contempt proceedings initiated pursuant to § 33.23 against an employer, the Bureau of Workers' Compensation, an employer that is paying workers' compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution that is ordered to withhold or deduct an amount of money from the income or other assets of a person required to pay support and that fails to withhold or deduct the amount of money as ordered by the support order, the court may also require the employer, the Bureau of Workers' Compensation, an employer that is paying workers' compensation benefits, a board, board of trustees, or other governing entity of a retirement system, person paying or distributing income to an obligor under a support order, or financial institution to pay the accumulated support arrearages.
(R.C. § 2705.05) (`76 Code, § 171.01(d)) (Ord. 4-1-1997, passed 5-13-97)
When the contempt consists of the omission to do an act which the accused yet can perform, he or she may be imprisoned until he or she performs it.
(R.C. § 2705.06)
If the party released on bail under § 33.24 fails to appear upon the day named, the court may issue another order or arrest, or order the bond for his or her appearance to be prosecuted, or both. If the bond is prosecuted, the measure of damages in the action is the extent of loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted, and the costs of the proceeding.