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Codified Ordinances of Ashtabula, OH
CODIFIED ORDINANCES OF THE CITY OF ASHTABULA, OHIO
CITY OF ASHTABULA CERTIFICATION
CITY OFFICIALS
ADOPTING ORDINANCE NO. 2007-07
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
SECTION 1 NAME AND POWERS.
SECTION 2 ENUMERATED POWERS NOT EXCLUSIVE.
SECTION 3 POWERS.
SECTION 4 TERM OF OFFICE.
SECTION 5 QUALIFICATIONS OF MEMBERS.
SECTION 6 VACANCIES.
SECTION 7 SALARY.
SECTION 8 PRESIDENT.
SECTION 9 APPOINTEES.
SECTION 10 TIME OF MEETING; RULES; JOURNAL.
SECTION 11 PENALTY FOR ABSENCE.
SECTION 12 LEGISLATIVE PROCEDURE.
SECTION 13 ORDINANCE ENACTMENT.
SECTION 14 EMERGENCY MEASURES.
SECTION 15 RECORD AND PUBLICATION.
SECTION 16 TIMES OF PUBLICATION.
SECTION 17 PRICE AND MODE OF PUBLICATION.
SECTION 18 SALARIES AND BONDS.
SECTION 19 GENERAL DISQUALIFICATIONS.
SECTION 20 THE INITIATIVE.
SECTION 27 ELECTION; GENERAL POWERS; BOND.
SECTION 28 POWERS AND DUTIES.
SECTION 29 HEAD OF DEPARTMENTS.
SECTION 30 PLATTING COMMISSIONER.
SECTION 31 SALARY.
SECTION 32 CITY SOLICITOR.
SECTION 33 CITY DIRECTOR OF FINANCE.
SECTION 34 CITY TREASURER. (REPEALED)
SECTION 35 PURCHASING AGENT.
SECTION 36 TRUSTEES OF THE SINKING FUND. (REPEALED)
SECTION 37 OTHER BOARDS AND DEPARTMENTS.
SECTION 38 POLITICAL ACTIVITY.
SECTION 39 PENALTIES.
SECTION 40 THE CIVIL SERVICE COMMISSION.
SECTION 41 APPOINTMENTS AND REMOVALS.
SECTION 41.1 CIVIL SERVICE COMMISSION; QUALIFICATIONS; ORGANIZATION; FUNDING.
SECTION 42 NOMINATION OF CANDIDATES.
SECTION 44 BALLOTS.
SECTION 45 TIME OF ELECTION.
SECTION 46 ELECTION.
SECTION 47 GENERAL LAWS TO APPLY.
SECTION 47.1 REMOVAL FROM OFFICE BY RECALL PETITION.
SECTION 48 THE ESTIMATE.
SECTION 49 APPROPRIATION ORDINANCE.
SECTION 50 TRANSFER OF FUNDS.
SECTION 51 UNENCUMBERED BALANCES.
SECTION 52 PAYMENT OF CLAIMS.
SECTION 53 CERTIFICATION OF FUNDS.
SECTION 54 MONEY IN THE FUND.
SECTION 55 FINANCIAL REPORTS.
SECTION 56 LIMITATION OF ASSESSMENTS.
SECTION 57 IMPROVEMENTS BY DIRECT LABOR.
SECTION 58 SEWER, WATER, AND GAS CONNECTIONS.
SECTION 59 STREET SPRINKLING.
SECTION 60 ASSESSMENT FOR REMOVAL OF SNOW, WEEDS, ETC.
SECTION 61 EXPENDITURES IN EXCESS OF $10,000.00.
SECTION 62 TIME OF MAKING CONTRACTS.
SECTION 63 MODIFICATION OF CONTRACTS.
SECTION 64 BIDS IN EXCESS OF ESTIMATE.
SECTION 65 CONTRACTS - WHEN VOID.
SECTION 66 GRANTS LIMITED.
SECTION 67 PERIOD OF GRANTS.
SECTION 68 STRICT CONSTRUCTION.
SECTION 69 FREE CARRIAGE OF POLICEMEN AND FIREMEN. (REPEALED)
SECTION 70 ASSIGNMENT.
SECTION 71 RIGHT OF PURCHASE.
SECTION 72 EXTENSION BY ANNEXATION.
SECTION 73 CONSENTS.
SECTION 74 RIGHT OF REGULATION.
SECTION 75 FORFEITURES.
SECTION 76 PAVING AND SPRINKLING.
SECTION 77 ACCOUNTS AND REPORTS.
SECTION 78 GRANTS NOT INCLUDED.
SECTION 79 GENERAL PROVISION.
SECTION 80 GENERAL LAWS TO APPLY.
SECTION 81 ORDINANCES CONTINUED IN FORCE.
SECTION 82 CONTINUANCE OF PRESENT OFFICERS.
SECTION 83 CONTINUANCE OF CONTRACTS AND VESTED RIGHTS.
SECTION 84 INVESTIGATION.
SECTION 85 OATH OF OFFICE.
SECTION 86 HOURS OF LABOR.
SECTION 87 AMENDMENT OF CHARTER.
SECTION 87.1 CHARTER REVIEW.
SECTION 88 SAVING CLAUSE.
SECTION 89 WHEN CHARTER TAKES EFFECT.
SECTION 90 ANNUAL LEVY.
SECTION 91 EXCESS LEVIES.
SECTION 91.1 ELECTOR APPROVAL OF INCOME TAX.
SECTION 92 STANDARD OF TIME.
SECTION 93 USE OF PHOTO-MONITORING DEVICES TO DETECT CERTAIN TRAFFIC LAW VIOLATIONS.
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHARTER
OF THE MUNICIPALITY OF
ASHTABULA, OHIO
TABLE OF CONTENTS
   EDITOR'S NOTE: The Ashtabula, Ohio Charter was approved by the voters on November 3, 1914. Dates appearing in parentheses following section headings indicate those sections were subsequently amended, added or repealed on the date given.
Corporate Powers, Rights, and Privileges
Section 1   Name and Powers.
Section 2   Enumerated Powers not Exclusive.
 
Council
Section 3   Powers. (5-7-46)
Section 4   Term of Office. (5-3-94)
Section 5   Qualifications of Members. (5-2-95)
Section 6   Vacancies. (11-4-58)
Section 7   Salary. (5-2-95)
Section 8   President. (11-2-48)
Section 9   Appointees. (5-7-13)
Section 10   Time of Meetings; Rules; Journal. (11-7-17)
Section 11   Penalty for Absence. (11-2-04)
Section 12   Legislative Procedure. (11-7-17)
Section 13   Ordinance Enactment. (3-19-96)
Section 14   Emergency Measures. (3-19-96)
Section 15   Record and Publication. (11-7-17)
Section 16   Times of Publication.
Section 17   Price and Mode of Publication. (5-19-80)
Section 18   Salaries and Bonds.
Section 19   General Disqualifications.
 
Initiative and Referendum
Section 20   The Initiative.
 
City Manager
Section 27   Election; General Powers; Bond. (11-2-48; 5-3-94)
Section 28   Powers and Duties.
Section 29   Head of Departments. (5-7-46)
Section 30   Platting Commissioner.
Section 31   Salary.
 
Administrative Officers and Departments
Section 32   City Solicitor. (5-3-94)
Section 33   City Director of Finance. (5-7-13)
Section 34   City Treasurer. (Repealed) (5-7-13)
Section 35   Purchasing Agent.
Section 36   Trustees of the Sinking Fund. (11-7-17)
Section 37   Other Boards and Departments.
Section 38   Political Activity.
Section 39   Penalties.
 
Civil Service
Section 40   The Civil Service Commission. (5-7-46)
Section 41   Appointments and Removals.
Section 41.1   Civil Service Commission; Qualifications; Organization; Funding. (6-8-82)
 
Elections
Section 42   Nomination of Candidates. (5-2-95)
Section 44   Ballots. (11-4-58)
Section 45   Time of Election. (11-2-10)
Section 46   Election. (11-4-58)
Section 47   General Laws to Apply. (11-4-58)
Section 47.1   Removal From Office by Recall Petition. (3-6-12)
 
Appropriations
Section 48   The Estimate.
Section 49   Appropriation Ordinance.
Section 50   Transfer of Funds.
Section 51   Unencumbered Balances.
 
Payments - Reports
Section 52   Payment of Claims.
Section 53   Certification of Funds.
Section 54   Money in the Fund.
Section 55   Financial Reports.
 
Improvements - Contracts
Section 56   Limitation of Assessments.
Section 57   Improvements by Direct Labor.
Section 58   Sewer, Water, and Gas Connections.
Section 59   Street Sprinkling.
Section 60   Assessment for Removal of Snow, Weeds, Etc.
Section 61   Expenditures in Excess of $10,000.00. (3-19-96)
Section 62   Time of Making Contracts.
Section 63   Modification of Contracts.
Section 64   Bids in Excess of Estimate.
Section 65   Contracts - When Void.
 
Franchises
Section 66   Grants Limited.
Section 67   Period of Grants.
Section 68   Strict Construction.
Section 69   Free Carriage of Policemen and Firemen. (11-7-17)
Section 70   Assignment.
Section 71   Right of Purchase.
Section 72   Extension by Annexation.
Section 73   Consents.
Section 74   Right of Regulation.
Section 75   Forfeitures.
Section 76   Paving and Sprinkling.
Section 77   Accounts and Reports.
Section 78   Grants not Included.
Section 79   General Provision.
 
Miscellaneous Provisions
Section 80   General Laws to Apply.
Section 81   Ordinances Continued in Force.
Section 82   Continuance of Present Officers.
Section 83   Continuance of Contracts and Vested Rights.
Section 84   Investigation. (5-7-46)
Section 85   Oath of Office.
Section 86   Hours of Labor.
Section 87   Amendment of Charter. (11-2-71)
Section 87.1   Charter Review. (6-8-82)
Section 88   Saving Clause.
Section 89   When Charter Takes Effect.
 
Taxation
Section 90   Annual Levy. (8-15-83)
Section 91   Excess Levies. (5-7-46)
Section 91.1   Elector Approval of Income Tax. (3-4-08)
 
Time
Section 92   Standard of Time. (3-4-08)
 
Traffic
Section 93   Use of Photo-Monitoring Devices to Detect Certain Traffic Law Violations. (11-8-11)
CHARTER
OF THE MUNICIPALITY OF
ASHTABULA, OHIO
PREAMBLE
   We, the people of the City of Ashtabula, Ohio, in order to obtain the benefits of local self-government, to encourage more direct and business-like methods in the transaction of our municipal affairs, and otherwise to promote our common welfare, do adopt the following Charter of our City.
CORPORATE POWERS, RIGHTS, AND PRIVILEGES
SECTION 1 NAME AND POWERS.
   The inhabitants of the City of Ashtabula, as its limits now are, or may hereafter be, shall be a body politic and corporate by name, the City of Ashtabula, and as such shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire property in fee simple or lesser interest or estate by purchase, gift, devise, appropriation, lease, or lease with the privilege to purchase for any municipal purpose; may sell, lease, hold, manage, and control such property, and make any and all rules and regulations by ordinance or resolution which may be required to carry out fully all the provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property; may acquire, construct, own, lease, and operate and regulate public utilities; may assess, levy, and collect taxes for general and special purposes on all the subjects or objects which the City may lawfully tax; may borrow money on faith and credit of the City by the issue or sale of bonds or notes of the City; may appropriate the money of the City for all lawful purposes; may create, provide for, construct, regulate, and maintain all things of the nature of public works and improvements; may levy and collect assessments for local improvements; may license and regulate persons, corporations, and associations engaged in any business, occupation, profession, or trade; may define, prohibit, abate, suppress, and prevent all things detrimental to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction, height, and the material used in all buildings, and the maintenance and occupancy thereof; may regulate the construction, location, size, height, and the materials used in all billboards, and the maintenance and use of the same; may regulate and control the use, for whatever purposes, of the streets and other public places; may create, establish, organize, and abolish offices and fix the salaries and compensations of all officers and employees; may make and enforce local police, sanitary, and other regulations; and may pass such ordinances as may be expedient for maintaining and promoting the peace, good government, and welfare of the City, and for the performance of the functions thereof. The City shall have all powers that now are, or hereafter may be granted to municipalities by the Constitution or laws of Ohio; and all such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed by this Charter, or when not prescribed herein, in such manner as shall be provided by ordinances or resolutions of the Council.
SECTION 2 ENUMERATED POWERS NOT EXCLUSIVE.
   The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the City shall have, and may exercise, all other powers which, under the Constitution and laws of Ohio, it would be competent for this Charter specifically to enumerate.
COUNCIL
SECTION 3 POWERS.
   All powers of the City, except as otherwise provided by this Charter or by the Constitution of the State, are hereby vested in a Council to consist of not less than 7 members, 1 of whom shall be elected from each ward, and 2 of whom shall be elected at large; and, except as otherwise prescribed by this Charter or by the Constitution of the State, the Council may by ordinance or resolution prescribe the manner in which any power of the City shall be exercised. In the absence of such provision as to any power, such power shall be exercised in the manner now or hereafter prescribed by the general laws of the State applicable to municipalities.
   Council shall subdivide the City into 5 wards of adjacent and compact territory with as well defined boundaries and as nearly equal population as practicable, and after each recurring Federal Census Council shall subdivide said 5 wards to the extent and in the manner prescribed by general law for increasing the number of wards upon the basis of population. (Amended 5-7-46)
SECTION 4 TERM OF OFFICE.
   Members of Council shall hold their office for four (4) years beginning December 1st of their election in 1995 except the members of Council from Wards 3, 4 and 5. Council members from Wards 3, 4 and 5 shall hold office for a two (2) year term beginning December 1st after their election in 1995, and then, beginning December 1st after their election in 1997, shall hold office for four (4) year terms, thereby staggering the terms of Council.
(Amended 5-3-94)
SECTION 5 QUALIFICATIONS OF MEMBERS.
   Each member of the Council immediately prior to his election or appointment shall have been, and during his term of office shall continue to be, a qualified elector of the City of Ashtabula, Ohio, and shall continue to have the qualifications of an elector therein. A member from a ward shall reside in his ward immediately prior to his election or appointment, and removal of a ward member from his ward during his term of office shall work as a forfeiture of his office. Each member of Ashtabula’s City Council shall not hold any other public office, except that of a notary public or member of the State militia, and shall not be interested in any contract with the City of Ashtabula, and no such member may hold employment with the City of Ashtabula.
   The City Council of Ashtabula shall be the judge of the election and qualifications of its members, reviewable by the courts. Council members may be removed from office in the manner and for the causes provided by general law for the removal of public officers.
(Amended 5-2-95)
SECTION 6 VACANCIES.
   Any vacancy in the Council shall be filled for the unexpired term in the manner provided by the general laws of the State of Ohio now in force or as hereafter amended.
(Amended 11-4-58)
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