Loading...
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   (a)   The repeal of a repealing provision of the Codified Ordinances does not revive the provision originally repealed nor impair the effect of any saving clause therein.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 the 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continued, or enforced, and the penalty, forfeiture, or punishment imposed, as if the provision had not been repealed or amended.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 the Codified Ordinances, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the provisions as amended.
(ORC 1.58)
101.05 CONSTRUCTION OF SECTION REFERENCES.
   (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 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Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances.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)
   (c)   A reference to any portion of a provision of the Codified Ordinances applies to all re-enactments or amendments thereof.
(ORC 1.55)
   (d)   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.
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 SEPARABILITY.
   If any provisions of a section of the Codified 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)
101.99 GENERAL PENALTY.
   (a)   Whenever, in the Codified 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, where no specific penalty is otherwise provided, whoever violates any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00), a term of imprisonment not exceeding six months, or both. A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
   (b)   The failure of any officer or employee of the Municipality to perform any official duty imposed by the Codified Ordinances shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for such failure.
Statutory reference:
   Ordinance violations and penalties, see Ohio R.C. 715.67