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.
101.08 Fee when check not honored by bank.
101.99 General penalty.
CROSS REFERENCES
See sectional histories for similar State law
Codification in book form - see CHTR. §2.07(b); Ohio R.C. 731.23
Imprisonment until fine and costs are paid - see Ohio R.C. 1905.30, 2947.20
Statute of limitations on prosecutions - see Ohio R.C. 718.06; GEN. OFF. 501.06
Citation issuance for minor misdemeanors - see Ohio R.C. 2935.26 et seq.
Rules of construction for offenses and penalties - see GEN. OFF. 501.04
(a) All ordinances of a permanent and general nature of the Municipality as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters sections shall be known and designated as the Codified Ordinances of Germantown, Ohio, 1969, 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 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
".
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.
(ORC 1.02(H))
(b) Another or person, 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. (ORC 1.02(B), (C))
(c) Council means the legislative authority of the Municipality.
(d) County means Montgomery County, Ohio.
(e) Keeper or proprietor includes all persons, whether acting by themselves or as a servant, agent or employee.
(f) Land or real estate includes rights and easements of incorporeal nature.
(ORC 701.01(F))
(g) Municipality or City means the City of Germantown, Ohio.
(h) Oath includes an affirmation. (ORC 701.01(C))
(i) Owner, when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
(j) Person or whoever includes all persons, natural and artificial, and includes but is not limited to private corporations, partners, principals, agents and employees, and all officials, public or private. (ORC 1.02(A))
(k) Premises, as applied to property, includes land and buildings.
(1) Property includes real, personal, mixed estates and interests. (ORC 701.01(E))
Personal property includes all property except real.
Real property includes lands, tenements and hereditaments.
(m) 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.
(n) 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.
(o) Registered mail includes certified mail. (ORC 1.02(I))
(p) Sidewalk means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
(q) State means the State of Ohio, or any department, division, commission, board, educational or other institution of the State of Ohio.
(r) Street includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the Municipality.
(s) 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.
(t) Writing includes printing. (ORC 1.02(D))
(a) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(b) As used in the Codified Ordinances, unless the context otherwise requires:
(1) Tense. Words in the present tense include the future tense.
(2) Gender. Words in the masculine gender include the feminine and neuter genders.
(3) Plural. Words in the plural number include the singular number, and words in the singular number include the plural number. (ORC 1.10)
(c) Calendar; Computation of Time.
(1) Definitions.
A. "Week" means seven consecutive days.
B. "Year" means twelve consecutive months.
(ORC 1.44)
(2) 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)
(3) A. 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.
B. 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.
C. As used in subsections (c)(1) and (c)(2) of this section, legal holiday means the following days:
1. The first day of January, known as New Year’s Day;
2. The third Monday in January, known as Martin Luther King, Jr. Day;
3. The third Monday in February, known as Washington-Lincoln Day;
4. 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;
5. The nineteenth day of June, known as Juneteenth day;
6. The fourth day of July, known as Independence Day;
7. The first Monday in September, known as Labor Day;
8. The second Monday in October, known as Columbus Day;
9. The eleventh day of November, known as Veteran’s Day;
10. The fourth Thursday in November, known as Thanksgiving Day;
11. The twenty-fifth day of December, known as Christmas Day; and
12. Any day appointed and recommended by the Governor of this state or the President of the United States as a holiday.
D. 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)
(4) When legislation is to take effect or become operative from and after a day named, no part of that day shall be included.
(ORC 1.15)
(5) In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.
(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.
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