202.01 Designation; citation; headings.
202.02 General definitions.
202.025 Definition of objectionable condition.
202.03 Rules of construction.
202.04 Revivor; effect of re-enactment, amendment or repeal.
202.05 Construction of section references.
202.06 Separability.
202.99 General penalty.
CROSS REFERENCES
See section histories for similar State law
Codification in book form - see CHTR. 5.08
Imprisonment until fine paid - see Ohio R.C. 1905.30, 2947.14
Ordinances and resolutions - see ADM. Ch. 222
Statute of limitations on prosecutions - see GEN. OFF. 606.06
This volume consists of all ordinances and resolutions of a permanent and general nature of the Municipality, revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of Carlisle, Ohio, 2014, for which designation “Codified Ordinances” may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances. (ORC 1.01)
As used in the Codified Ordinances, unless otherwise expressly provided or the context otherwise requires:
(a) “And” may be read “or”, and “or” may be read “and”, if the sense requires it.
(b) “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.
(c) “Bond” includes an undertaking.
(d) “Child” includes child by adoption.
(e) “Council” means the legislative authority of the Municipality.
(f) “County” means Warren County or Montgomery County, Ohio, as the context requires, inasmuch as parts of the Municipality are in both counties.
(g) “Fire Chief” shall mean the Chief of the Fire Department.
(h) “Imprisoned” shall have the same meaning as in Ohio R.C. 1.05.
(i) “Internet” shall mean 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.
(j) “Keeper” or “proprietor” includes all persons, whether acting by themselves or as a servant, agent, or employee.
(k) “Land” or “real estate” includes rights and easements of incorporeal nature.
(l) “Legislative authority” means the legislative authority of the Municipality.
(m) “May” is permissive.
(n) “Municipality” means the municipality of Carlisle, Ohio.
(o) “OAC” refers to the Ohio Administrative Code.
(p) “Oath” includes affirmation; and “swear” includes affirm.
(q) “Of unsound mind.” The person lacks the relevant mental capacity.
(r) “Owner.” When applied to property, includes any part owner, joint owner or tenant in common of the whole or part of the property.
(s) “Person.” Includes an individual, corporation, business trust, estate, trust, partnership and association.
(t) “Personal property.” Includes all property except real property.
(u) “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.
(v) “Premises.” As applied to property, includes land and buildings.
(w) “Property.” Includes real, personal, mixed estates and interests.
(x) “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.
(y) “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.
September 2024 Replacement
(z) “Real property.” Includes lands, tenements and hereditaments.
(aa) “Registered mail.” Includes certified mail; and “certified mail” includes registered mail.
(bb) “Revised Code” or “R.C.” Refers to the Ohio Revised Code.
(cc) “Shall.” The action referred to is mandatory.
(dd) “Sidewalk.” That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
(ee) “State.” The State of Ohio.
(ff) “Street.” Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the municipality.
(gg) “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 the premises, alone or with others.
(hh) “Undertaking.” Includes a bond.
(ii) “Week.” Seven consecutive days.
(jj) “Whoever.” Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
(kk) “Writing.” Includes printing.
(ll) “Written” or “in writing.” Include any representation of words, letters, symbols or figures; this provision does not affect any law relating to signatures.
(mm) “Year.” Twelve consecutive months.
(ORC 1.02, 1.05, 1.44, 1.59, 701.01)
(a) As used in these Codified Ordinances, unless otherwise expressly provided or the context otherwise requires, “objectionable condition” means a condition that is offensive. An objectionable condition is a situation that can and should be corrected to preclude the condition from being declared a public nuisance which adversely affects the health, safety or welfare of the citizens of a particular neighborhood or the entire community.
(b) An objectionable condition means any condition or use of premises, objects on premises, or building exteriors, which condition or use is detrimental to the property of others or causes or tends to cause reduction in the value of other property in the community.
(c) An objectionable condition can be caused by the use of things in an excessive manner compared to the norm of the area (for example, in a residential area, the display on the property of several items with the implied purpose of selling or trading the items).
(d) An objectionable condition can be caused by the use of things in a manner for which they were not intended (for example, using a vehicle not designed as a housing unit as a housing unit; or using a part of or all of a vehicle as a part of or all of a stationary business use when the vehicle is not designed to be so used).
(e) An objectionable condition can be caused by property being in a state of disrepair, such as having broken windows.
(f) An objectionable condition can be caused by keeping or depositing on premises, or by scattering over premises, junk, trash, rubbish or refuse of any kind; abandoned, discarded or unused objects or equipment, such as furniture, stoves, refrigerators, freezers, cans or containers; or building materials, including, but not limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete, cement, nails, screws or other materials used in constructing any structure or object.
(Ord. 37-91. Passed 11-12-91.)
(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 these Codified 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) of this section, 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 day;
C. The third Monday in February, known as Washington-Lincoln day;
D. The nineteenth day of June, known as Juneteenth;
E. 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;
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;
L. Any day appointed and recommended by the Governor of this 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)
(a) The repeal of a repealing provision of these Codified 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 these Codified Ordinances does not, except as provided in division (c) of this section:
(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.
(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 these Codified Ordinances, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to these Codified Ordinances as amended.
(ORC 1.58)
(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 these Codified Ordinances to action taken or authorized under designated sections of these Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by these Codified 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)
Loading...