CHAPTER 101
Codified Ordinances
101.01   Designation; citation; headings.
101.02   General definitions.
101.03   Rules of construction.
101.04   Revivor; effect of amendment or repeal.
101.05   Construction of section references.
101.06   Conflicting provisions.
101.07   Separability.
 
101.99   General penalty.
   CROSS REFERENCES  
   See sectional histories for similar State law
   Codification of ordinances and resolutions - see CHTR. § 4.15 
   Imprisonment until fine and costs are paid - see Ohio R.C. 1905. 30, 2947.14
   Ordinances and resolutions - see ADM. Ch. 123 
   Statute of limitations on prosecutions - see GEN. OFF. 501.06 
   Attempts, aider or abettor - see GEN. OFF. 501.09 et seq.
101.01 DESIGNATION; CITATION; HEADINGS.
   (a)   This volume contains all ordinances of a permanent and general nature of the Municipality, as 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 Elyria, Ohio, 1972, 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)
   (b)   All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code". Sections may be referred to and cited by the designation "Section" followed by the number, such as "Section 101.01".
101.02 GENERAL DEFINITIONS.
   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 Lorain County, Ohio.
   (g)   "Fire Chief" shall include 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.
   (h)   "Imprisoned" shall have the same meaning as in Ohio R.C. 1.05.
   (i)   "Internet" means 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" or "City," when used in these Codified Ordinances, shall denote the City of Elyria irrespective of its population or legal classification.
   (o)   "OAC" refers to the Ohio Administrative Code.
   (p)   "Oath" includes affirmation; and "swear" includes affirm.
   (q)   “Of unsound mind” means the person lacks the relevant mental capacity.
   (r)   “Ohio R.C.,” “ORC” or “Revised Code” refers to the Ohio Revised Code.
   (s)   “Owner,” when applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of such property.
   (t)   “Person” includes an individual, corporation, business trust, estate, trust, partnership, and association.
   (u)   “Personal property” includes all property except real property.
   (v)   “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.
   (w)   “Premises,” as applied to property, includes land and buildings.
   (x)   “Property” includes real, personal, mixed estates, and interests.
   (y)   “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.
   (z)   “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.
   (aa)   “Real property” includes lands, tenements, and hereditaments.
   (bb)   “Registered mail” includes certified mail; and “certified mail” includes registered mail.
   (cc)   “Shall” is mandatory.
   (dd)   “Sidewalk” means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
   (ee)   “State” means 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 such premises, alone or with others.
   (hh)   “Undertaking” includes a bond.
   (ii)   “Week” means 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” means twelve consecutive months.
(ORC 1.02, 1.05, 1.44, 1.59, 701.01)
101.03 RULES OF CONSTRUCTION.
   (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.
      (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.
(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 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 fourth day of July, known as Independence day;
         F.   The first Monday in September, known as Labor day;
         G.   The second Monday in October, known as Columbus day;
         H.   The eleventh day of November, known as Veteran's day;
         I.   The fourth Thursday in November, known as Thanksgiving day;
         J.   The twenty-fifth day of December, known as Christmas day;
         K.   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)
   (d)   Authority. When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.
   (e)   Joint Authority. All words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the authority or inconsistent with State statute or Charter provisions.
   (f)   Exceptions. The rules of construction shall not apply to any law which shall contain any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.
101.04 REVIVOR; EFFECT OF RE-ENACTMENT, AMENDMENT OR REPEAL.
   (a)   The repeal of a repealing provision of the 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 a provision of the Codified Ordinances does not, except as provided in subsection (c) hereof:
      (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 with respect thereto, prior to the amendment or repeal;
      (4)   Affect any investigation, proceeding or remedy with respect to any such 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 a provision of the Codified Ordinances, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to the provision as amended.
(ORC 1.58)
101.05 CONSTRUCTION OF SECTION REFERENCES.
   (a)   A reference to any portion of a provision of the Codified Ordinances applies to all re- enactments or amendments thereof.
(ORC 1.55)
   (b)   Wherever in a penalty section reference is made to a violation of a series of sections, or of subsections or other subdivisions of a section, such reference shall be construed to mean a violation of any section, subsection or other such subdivision included in such reference.
   (c)   References in the Codified Ordinances to action taken or authorized under designated sections of the Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances.
(ORC 1.23)
101.06 CONFLICTING PROVISIONS.
   If the provisions of different codes, chapters or sections of the Codified Ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
Loading...