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ARTICLE IV |
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LEGISLATIVE PROCEDURE |
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4.01 Form of Action by Council. |
Action by Council shall be by ordinance, resolution or motion. Motion shall
be used to conduct the business of Council, in procedural matters, for elections conducted among
and appointments made by Council members, to provide directions to and to make requests of
administrative officers and employees and Members of Boards and Commissions, and as otherwise
provided in this Charter. All other action shall be taken by ordinance or resolution.
No action of Council shall be invalidated merely because the form thereof fails to comply with
the provisions of this Section.
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4.02 Introduction of Ordinances and Resolutions. |
Any member of Council may introduce any ordinance or resolution, at a regular or
special meeting, which shall be in written or printed form and shall contain a concise title.
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4.03 Form of Ordinances and Resolutions. |
Any member of Council may introduce any ordinance or resolution, at a regular or
special meeting, which shall be in written or printed form and shall contain a concise title.
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4.03 Form of Ordinances and Resolutions. |
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(A) The form and style of ordinances and resolutions shall be determined by the Rules of Council. |
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(B) Each ordinance or resolution shall contain only one subject, which shall be expressed in its title;
provided that appropriation ordinances may contain the various subjects, accounts and amounts for which monies are appropriated,
and that ordinances and resolutions which are codified or recodified are not subject to the limitation of containing one subject. |
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4.04 Reading Ordinances and Resolutions. |
Each ordinance and resolution shall be read by title only on three separate days, unless this
requirement is dispensed with by a vote of at least two-thirds of the members of the Council.
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4.05 Vote Required For Passage. |
The vote on the question of passage of each ordinance, resolution and motion shall
be taken by a roll call of members to be entered on the Journal, or other record of proceedings of the
Council, and none shall be passed without concurrence of a majority of the members of Council. Each
emergency ordinance or resolution shall require the affirmative vote of at least two-thirds of the members
of Council for its enactment. If an emergency ordinance or resolution shall fail to receive the required
two-thirds affirmative vote, but receives the necessary majority for passage as non-emergency legislation,
it shall become effective as non-emergency legislation.
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4.06 Content of Emergency Legislation. |
Each emergency ordinance or resolution shall determine that the ordinance or resolution
is necessary for the immediate preservation of the public peace, health, safety or welfare, and shall contain
a statement of the necessity for the emergency.
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4.07 Effective Date of Legislation. |
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(A) The following ordinances or resolutions shall take effect upon passage unless a later
time is specified therein: |
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(1) Appropriation of money. |
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(2) An annual tax levy for current expenses. |
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(3) Improvements petitioned for by owners of the requisite majority of the front
footage or of the area of the property benefitted and to be assessed. |
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(4) Submission of any question to the electorate or the determination
to proceed with an election. |
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(5) Approval of a revision, codification,
recodification, or rearrangement of ordinances. |
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(6) Any emergency ordinance or resolution. |
(B) All other ordinances and resolutions shall go into effect thirty
days after their passage by the Council.
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4.08 Authentication |
Each ordinance and resolution shall be authenticated by the signature
of a presiding officer of the Council and the Clerk of Council. The failure or refusal to sign
shall not invalidate an otherwise properly enacted ordinance or resolution.
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4.09 Recording Legislation. |
Each ordinance and resolution shall be recorded in a book or other
record prescribed by Council. The Clerk of Council or a duly authorized representative of the Clerk
shall, upon request of any person and upon the payment of a fee if established by Council, certify true
copies of any ordinance or resolution, which copies shall be admissible as evidence in any court.
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4.10 Recording Legislation. |
(A) pending ordinance or resolution may be amended at any time prior to its passage by the
Council by a majority vote of the members of the Council present and voting on the amendment, and such amendment
shall not require additional readings of the ordinance or resolution.
(B) Any ordinance or resolution, or the codified ordinances or resolutions of the Municipality, may be amended
by the passage of subsequent ordinances or resolutions that: revise existing sections or parts thereof; enact new or
supplemental sections or parts thereto; or repeal existing sections or parts thereof. This Division does not prevent repeals by implication.
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4.11 Zoning Measures. |
(A) Ordinances or resolutions establishing, amending, revising, changing or
repealing zoning classifications, districts, uses or regulations shall be subject to the provisions of this
Charter pertaining to their enactment and matters of initiative or referendum. Except as otherwise provided
in this Charter the Council shall, by ordinance or resolution, specify the powers of administrative officials,
the relationship between the Council and the Planning and Zoning Commission, and any additional procedures or
process with respect to zoning. The General Laws of Ohio which are not in conflict with this Charter shall be
followed until such time as the Council shall determine, by ordinance or resolution, the powers of administrative
officials, the relationship between the Council and the Planning and Zoning Commission, and any additional
procedures or process with respect to zoning.
(B) A concurring vote of at least three-fourths of the membership of Council shall be necessary to pass any
zoning ordinance or resolution which differs from the written recommendations of the Planning and Zoning
Commission, but in no event shall an ordinance or resolution be considered as having passed unless it receives
at least a majority vote of the members of Council.
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4.12 Adoption of Technical Codes. |
(A) Council may, by ordinance or resolution, adopt standard ordinances and codes
prepared by the State or any department, board or other agency or subdivision of the State, or any standard or
model ordinance or code prepared and promulgated by a public or private organization, including but not limited
to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing, heating, electrical,
ventilation, air conditioning, refrigeration machinery, state pressure piping, piping, boilers, buildings
standards, housing standards, and such other matters as the Council may determine to be appropriate for adoption
by reference, by incorporation by reference.
(B) The ordinance or resolution adopting any such standard ordinance or code shall make reference to the
date and source of such standard ordinance or code without reproducing the same at length in the ordinance.
In such cases, publication of the standard ordinance or code shall not be required, but at least two copies of
such code shall be kept at all times in the office of the Clerk of Council and available for reference by
interested persons. If the standard ordinance or code is amended after its adoption by reference by the Council,
the Council may adopt the amendment or change by incorporation by reference under the same procedure as is
established herein for the adoption of the original standard ordinance or code.
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4.13 Codification. |
By a majority vote of the members of Council, the Council may cause the ordinances and resolutions
of the Municipality to be revised, codified, recodified, rearranged, or published in book form, and such action
shall become effective immediately upon approval thereof by a majority vote of the members of Council and may
contain new matter therein. The Clerk of Council shall cause a notice of such proposed action by the Council to
be published one time in a newspaper of circulation in the Municipality at least seven days prior to Council's
action, and no further publication shall be necessary. A current service supplementing the Municipality's codified
ordinances and resolutions shall be maintained in the manner prescribed by the Council.
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4.14 Publication of Ordinances and Resolutions. |
(A) Ordinances and resolutions shall be published by posting copies thereof in not less than
three public places in the municipal corporation for a period of not less than fifteen days after their adoption. The
public places for such posting shall be determined by the Council. The Council may, by ordinance or resolution, require
that ordinances and resolutions be published by other means either in lieu of or in addition to the posting as required
by this Division.
(B) The Clerk of Council shall make and retain a certificate as to the times and places where such postings are
done and other means, if any, by which an ordinance or resolution is published; and that certificate shall be prima-facie
evidence that the copies were posted and otherwise published as required by Division (A) of this Section. Failure to make
or retain the certificate required by this Division shall not invalidate any ordinance or resolution.
(C) Failure to publish by posting or to maintain such posting, or to otherwise publish, as required by Division
(A) of this Section shall not invalidate an ordinance or resolution, and in such events, the Clerk of Council may authorize
publication by posting, and publication by other means if any such other means have been required pursuant to Division
(A) of this Section, at a later date.
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