TITLE TWO: GENERAL PROVISIONS
Section
202.01 Designation; citation; headings.
202.02 General definitions.
202.03 Rules of construction.
202.04 Revivor; effect of re-enactment, amendment or repeal.
202.05 Construction of section references.
202.06 Separability.
202.07 Master copies.
202.99 General Code penalty.
Cross-reference:
Codification in book form, see Ohio R.C. 731.23
General Offenses Code penalties and sentencing, see GEN. OFF. Ch. 698
Imprisonment until fine paid, see Ohio R.C. 1905.30, 2947.14
Ordinance violations and penalties, see Ohio R.C. 715.67
Ordinances and resolutions, see ADM. Ch. 222
Powers of the municipality, see CHTR. Art. 2
See section histories for similar state law
Statute of limitations on prosecutions, see GEN. OFF. 606.06
Traffic Code penalties, see TRAF. Ch. 303
This document, consisting of general and permanent legislation relating to Ohio municipalities in general, together with such general and permanent legislation of the municipality that Council may wish to include herein, as revised, arranged, compiled, numbered, codified and printed herewith, consolidated into component codes, titles, chapters and sections, shall be known, designated and cited as the Code of Ordinances of Barberton, Ohio, for which designation the term “code of ordinances” may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in these code of ordinances.
(Prior Code, § 202.01)
For the purpose of this code of ordinances, 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.
CHILD. Includes child by adoption.
CITY. The City of Barberton, Ohio.
COUNCIL. The legislative authority of the municipality.
COUNTY. Summit County, Ohio.
FIRE CHIEF. Includes the Chief of the 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. The same meaning as in Ohio R.C. 1.05.
INTERNET. The international computer network of both federal and non-federal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
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 the municipality.
MAY. The act referred to is permissive.
MUNICIPALITY. The City of Barberton, Ohio.
OAC. The Ohio Administrative Code.
OATH. Includes affirmation; and “swear” includes affirm.
OF UNSOUND MIND. The person lacks the relevant mental capacity.
OHIO R.C., ORC or REVISED CODE. The Ohio Revised Code.
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.
REAL PROPERTY. Includes lands, tenements and hereditaments.
REGISTERED MAIL. Includes certified mail; and “certified mail” includes registered mail.
SHALL. The act referred to is mandatory.
SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
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.
UNDERTAKING. Includes a bond.
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. Include any representation of words, letters, symbols or figures; this provision does not affect any law relating to signatures.
YEAR. Twelve consecutive months.
(ORC 1.02, 1.05, 1.44, 1.59, 701.01) (Prior Code, § 202.02)
(A) Common and technical use. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
(ORC 1.42)
(B) Singular and plural; gender; tense. As used in this code of ordinances, unless the context otherwise requires.
(1) The singular includes the plural, and the plural includes the singular.
(2) Words of one gender include the other genders.
(3) Words in the present tense include the future tense.
(ORC 1.43)
(C) 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 that 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 that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday.
(3) LEGAL HOLIDAY, as used in divisions (C)(1) and (C)(2) above, means the following days:
(a) The first day of January, known as New Year’s Day;
(b) The third Monday in January, known as Martin Luther King Jr. Day;
(c) The third Monday in February, known as Washington-Lincoln Day;
(d) The day designated in the Act of June 28, 1968, 82 Stat. 250, 5 U.S.C. § 6103, as amended, for the commemoration of Memorial Day;
(e) The nineteenth day of June, known as Juneteenth Day;
(f) The fourth day of July, known as Independence Day;
(g) The first Monday in September, known as Labor Day;
(h) The second Monday in October, known as Columbus Day;
(i) The eleventh day of November, known as Veteran’s Day;
(j) The fourth Thursday in November, known as Thanksgiving Day;
(k) The twenty-fifth day of December, known as Christmas Day; and
(l) Any day appointed and recommended by the Governor of the state or the President of the United States as a holiday.
(4) If any day designated in this section as a legal holiday falls on a Sunday, the next succeeding day is a legal holiday.
(ORC 1.14)
(5) 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.
(ORC 1.15)
(6) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
(ORC 1.45)
(Prior Code, § 202.03)
(A) The repeal of a repealing provision of this code of ordinances does not revive the provision originally repealed, nor impair the effect of any saving clause therein.
(ORC 1.57)
(B) The re-enactment, amendment or repeal of this code of ordinances does not, except as provided in division (C) below:
(1) Affect the prior operation of the provision 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; and
(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 provision had not been repealed or amended.
(C) If the penalty, forfeiture, or punishment for any offense is reduced by a re-enactment or amendment of this code of ordinances, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to this code of ordinances, as amended.
(ORC 1.58)
(Prior Code, § 202.04)
(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 this code of ordinances to action taken or authorized under designated sections of this code of ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by this code of ordinances.
(ORC 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.
(ORC 1.55)
(Prior Code, § 202.05)
If any provisions of a section of this code of ordinances 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.
(ORC 1.50) (Prior Code, § 202.06)
The Clerk of Council shall keep one master copy of this code of ordinances in book form and, in connection therewith or attached thereto in such form and manner as the Clerk of Council may determine to be most easily available for ready reference, one copy of all amendments and supplements bearing such code, title, chapter or section designation as may be proper. If in doubt as to such designation, the Clerk of Council shall be guided by the advice of the Director of Law.
(Prior Code, § 202.07) (Ord. 261-1957, passed 12-2-1957)
Whenever, in this code of ordinances or in any ordinance of the municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, the commission or performance of such act, or the failure to commit or perform such act, as required, shall, unless another penalty is provided, be deemed a minor misdemeanor and the offender shall be fined not more than $100 for each offense. A separate offense shall be deemed committed each day during or on which a violation or non-compliance occurs or continues, unless otherwise provided.
(Prior Code, § 202.99)