ADOPTING ORDINANCE
ORDINANCE NO. 137-2020
TITLE: ENACTING THE CODE OF ORDINANCES
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF BARBERTON REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.
WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and
WHEREAS, the Acts of the Legislature of the State of Ohio empower and authorize the political subdivision to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS, the Legislative Authority of the Political Subdivision has authorized a general compilation, revision and codification of the ordinances of the Political Subdivision of a general and permanent nature and publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Barberton, State of Ohio:
SECTION 1. The general ordinances of the Political Subdivision as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the “Code of Ordinances of the City of Barberton.”
SECTION 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
TABLE OF CONTENTS
CHARTER
PART TWO: ADMINISTRATION CODE
TITLE TWO: GENERAL PROVISIONS
202. Code of Ordinances
204. Official Standards
206. Wards and Boundaries
208. Open Meetings
210. Contracts
212. Acquisition and Disposal of Property
214. Compliance with Americans with Disabilities Act
TITLE FOUR: LEGISLATION
220. Council
222. Ordinances and Resolutions
TITLE SIX: ADMINISTRATION
230. Mayor
232. Department of Law
234. Department of Finance
236. Department of Public Safety
238. Division of Police
240. Division of Fire
242. Department of Public Service
244. Division of Building Inspection
246. Division of Engineering
248. Division of Utilities
250. Division of Streets
252. Department of Urban Renewal
253. Department of Human Resources
254. Employees Generally
256. Residential Anti-Displacement and Relocation Plan
TITLE EIGHT: BOARDS AND COMMISSIONS
260. Planning Commission
262. Board of Zoning and Building Appeals
264. Parks and Recreation Commission
266. Board of Health
268. Civil Service Commission
270. Board of Control
272. Charter Review Commission
274. Tree Commission
276. Barberton Community Foundation
278. Industrial Wastewater Review Board
280. Tax Incentive Review Board
282. Treasury Investment Board
284. Litter Control Advisory Board
286. Beautification Committee
TITLE TEN: JUDICIAL
298. Municipal Court
PART THREE: TRAFFIC CODE
TITLE ONE: ADMINISTRATION
301. Definitions
303. Enforcement, Impounding and Penalty
305. Traffic Control
TITLE THREE: STREETS AND TRAFFIC-CONTROL DEVICES
311. Street Obstructions and Special Uses
313. Traffic-Control Devices
TITLE FIVE: VEHICLES
331. Operation Generally
333. O.V.I.; Reckless Operation; Speed
335. Licensing; Accidents
337. Safety and Equipment
339. Commercial and Heavy Vehicles
341. Drivers of Commercial Vehicles
343. Offenses Relating to Theft and Fraud
TITLE SEVEN: PARKING
351. Parking Generally
353. Parking Meters
355. Municipal Parking Lots
357. Snow Emergencies
359. Parking Commission
TITLE NINE: PEDESTRIANS, BICYCLES AND MOTORCYCLES
371. Pedestrians
373. Bicycles and Motorcycles Generally
375. Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles
PART SIX: GENERAL OFFENSES CODE
606. General Provisions; Administration and Enforcement
610. Air Pollution
612. Alcoholic Beverages
618. Animals
624. Drugs
630. Gambling
632. Junk Cars
634. Minors
635. Noise Abatement
636. Offenses Relating to Persons
642. Offenses Relating to Property
648. Peace Disturbances
654. Railroads
656. Registration of Convicted Persons
660. Safety, Sanitation and Health
666. Sex Related Offenses
668. Streets and Sidewalks
670. Trees, Weeds and Grass
672. Weapons and Explosives
674. Criminal Activity Nuisances
698. Penalties and Sentencing
PART EIGHT: BUSINESS REGULATION AND TAXATION CODE
TITLE TWO: BUSINESS REGULATION
804. Advertising and Billposting
808. Amusements and Shows
812. Auctions
816. Billiard and Pool Rooms
820. Boxing and Wrestling
822. Cable Television
824. Dances and Dance Halls
828. Fortunetelling
830. Gasoline Service Stations
832. Going-Out-of-Business Sales
834. Late Night Retail Establishments and Gasoline Stations
836. Amusement Devices, Skill-Based Amusement Machines and Arcades
840. Payday Loan/Cash Advance Facilities
844. Peddlers, Solicitors and Vendors
848. Polygraph Tests
852. Secondhand Dealers
856. Taxicabs
860. Trailer Camps and Tourist Camps
862. Self-Service Retail Pricing
864. Private Investigators and Agencies
866. Private Patrol Watchmen and Agencies
868. Christmas Tree Sales
870. Strikebreakers
872. Residential Care Facilities
874. Tow Trucks
875. Tobacco 21
876. Medical Marijuana Cultivators, Processors and Retail Dispensaries
TITLE FOUR: TAXATION
880. Earned Income Tax (Effective Beginning January 1, 2016)
884. Motor Vehicle License Tax
PART TEN: STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE TWO: STREET AND SIDEWALK AREAS
1020. Excavations
1024. Street Classifications and Pavement
1028. Sidewalks
1032. Number of Buildings
TITLE FOUR: UTILITIES
1040. Sewers
1044. Water
1048. Gas
1052. Electricity
1054. Industrial Waste Discharges
1056. Illicit Discharge Detection and Elimination Program
1058. General Lighting Utility
TITLE SIX: OTHER PUBLIC SERVICES
1060. Refuse Collection and Disposal
1062. Alarm Systems
1064. Metro Regional Transit Authority
1068. Parks and Recreation Areas
1072. Barberton Reservoir; Wolf Creek
1074. Management, Administration and Control of the Use of the City's Public Rights-of-Way
PART TWELVE: PLANNING AND ZONING CODE
PART FOURTEEN: BUILDING AND HOUSING CODE
TITLE TWO: BUILDING STANDARDS
1402. Residential Building Code of Ohio for One-, Two- and Three-Family Dwellings
1404. Ohio Building Code
1406. National Electrical Code
TITLE FOUR: LICENSING OF TRADESMEN
1422. Registration in General
1424. Electrical Registration
1426. Heating, Ventilation and Air Conditioning
1428. Plumbing Registration
1430. Sign Licensing
TITLE SIX: ADMINISTRATION; MISCELLANEOUS REGULATIONS
1442. Division of Building Inspection
1444. Permits and Fees
1446. Fire Districts
1448. Insulation
1450. Erosion and Sediment Control Regulation
1452. Land Reutilization Program
1454. Vacant Property Registration Program
TITLE EIGHT: HOUSING CODE
1462. ICC International Property Maintenance Code
1464. National Electrical Contractors Association, Tri-County, Minimum Residential Rewire Electrical Code
TITLE TEN: COMMERCIAL MAINTENANCE CODE
1476. Minimum Requirements
1478. Rental Property Registration Program
PART SIXTEEN: FIRE PREVENTION CODE
1604. Ohio and National Fire Codes
1606. Fire Department: Plan Review and System Test Fees
1608. Nursing Homes and Rest Homes
1610. Smoke Detectors
1612. Oil and Gas Wells: Emergency Information and Regulations
TABLE OF SPECIAL ORDINANCES
A. Franchises and Agreements
B. Easements
C. Vacating of Streets and Alleys
D. Dedication and Plat Approval
E. Acquisition and Disposal of Real Property
F. Lease of Real Property
G. Grade Levels and Change of Street Name
H. Annexation and Detachment of Territory
I. Zoning Map Changes
PARALLEL REFERENCES
References to Ohio Revised Code (ORC)
References to Prior Code
References to Resolutions
References to Ordinances
SECTION 3. All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.
SECTION 4. Such Code shall be deemed published as of the day of its adoption and approval by the Legislative Authority and the Clerk of the Political Subdivision is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk.
SECTION 5. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.
SECTION 6. That it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were meetings open to the public in compliance with the law.
SECTION 6. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, convenience and welfare of the City of Barberton and the inhabitants thereof, and provided it receives the necessary votes required by the City Charter, shall be in full force and effect from and after its passage and approval; otherwise to be in full force and effect from and after the earliest period allowed by law.
Passed ______________________________ 2020
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Clerk of Council President of Council
Approved ____________________________ 2020
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Mayor