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101.06 CONFLICTING PROVISIONS.
(a) If there is a conflict between figures and words in expressing a number, the words govern.
(ORC 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.
(ORC 1.51)
(c) (1) If ordinances enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails.
(2) If amendments to the same ordinance are enacted at different meetings of Council, 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.
(ORC 1.52)
101.07 DETERMINATION OF LEGISLATIVE INTENT.
(a) In enacting an ordinance, it is presumed that:
(1) Compliance with the constitutions of the State and of the United States is intended;
(2) The entire ordinance is intended to be effective;
(3) A just and reasonable result is intended;
(4) A result feasible of execution is intended.
(ORC 1.47)
(b) An ordinance is presumed to be prospective in its operation unless expressly made retrospective.
(ORC 1.48)
(c) If an ordinance is ambiguous, the court, in determining the intention of Council may consider among other matters:
(1) The object sought to be attained;
(2) The circumstances under which the ordinance was enacted;
(3) The legislative history;
(4) The common law or former legislative provisions, including laws upon the same or similar subjects;
(5) The consequences of a particular construction;
(6) The administrative construction of the ordinance.
(ORC 1.49)
101.08 SEVERABILITY.
If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the 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)
101.99 PENALTIES FOR MISDEMEANOR; GENERAL CODE PENALTY.
(a) Penalties for Misdemeanor.
(1) Whoever is convicted of or pleads guilty to a misdemeanor in any of the provisions of these Codified Ordinances or any other ordinance of the City, for which no penalty is otherwise provided, shall be imprisoned for a definite term or fined, or both, which term of imprisonment and fine shall be fixed by the court as provided in this section.
(2) Terms of imprisonment for misdemeanor shall be imposed as follows:
A. For a misdemeanor of the first degree, not more than six months;
B. For a misdemeanor of the second degree, not more than ninety days;
C. For a misdemeanor of the third degree, not more than sixty days;
D. For a misdemeanor of the fourth degree, not more than thirty days.
(3) Fines for misdemeanor shall be imposed as follows:
A. For a misdemeanor of the first degree, not more than one thousand dollars ($1,000);
B. For a misdemeanor of the second degree, not more than seven hundred fifty dollars ($750.00);
C. For a misdemeanor of the third degree, not more than five hundred dollars ($500.00);
D. For a misdemeanor of the fourth degree, not more than two hundred fifty dollars ($250.00).
(4) Whoever is convicted of or pleads guilty to a minor misdemeanor shall be fined not more than one hundred dollars ($100.00).
(b) General Code Penalty. Whoever violates or fails to comply with any of the provisions of these Codified Ordinances, including the provisions of any standard technical code adopted in these Codified Ordinances by reference, and including any rule or regulation promulgated pursuant to authority granted in these Codified Ordinances, for which no penalty is otherwise provided, is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in subsection (a) hereof.
(Ord. 1973-147. Passed 12-17-73.)