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Effect of Local Legislation on The Ohio Basic Code
The Ohio Basic Code is intended to be adopted by municipalities as a model code of ordinances. The Ohio Basic Code contains extensive regulations concerning Government Administration, Traffic Offenses, General Regulations, Business Regulations and General Offenses; however, municipalities are free to adopt and enforce separate ordinances and resolutions. Thus, although the scope of the Ohio Basic Code in certain areas is nearly comprehensive, each municipality may have additional legislation which has not been covered by the provisions of the Ohio Basic Code. For example, the municipality is likely to have legislation concerning public works (sewer use, water regulations and the like) and land usage (building regulations, flood damage prevention regulations, subdivision regulations, zoning regulations and the like). Such additional legislation should be available for public inspection at the office of the Municipal Clerk.
Additionally, pursuant to the terms of § 10.15 of the Ohio Basic Code, the municipality is free to amend, add or repeal sections of the Ohio Basic Code. Such direct legislation would supersede the provisions of the Ohio Basic Code and should be available for public inspection at the office of the Municipal Clerk.
Arrangement and Numbering
The arrangement of the Ohio Basic Code generally parallels the numbering system used in the Ohio Revised Code. The Ohio Basic Code is divided into eight odd-numbered titles, each devoted to a particular topic of municipal law. The titles include the following topics: Title I - General Provisions; Title III - Administration; Title V - Public Works; Title VII - Traffic Code; Title IX - General Regulations; Title XI - Business Regulations; Title XIII - General Offenses Code; and Title XV - Land Usage. The title concerning Public Works has been reserved for specific local legislation.
Titles are divided into chapters, and all chapters are subdivided into sections. A citation to a specific section identifies the title, chapter and section number of the Basic Code provision being cited. For example, “70.11” refers to section 11 of Chapter 70 in Title VII. Title and chapter number appear to the left of the decimal: the title number precedes the first digit to the left of the decimal, and the chapter number constitutes all numerals to the left of the decimal. The section number appears to the right of the decimal. As another example, “138.05” indicates that the citation refers to section 05 of Chapter 138 in Title XIII. Penalty provisions, when used, have been given a section number of .99 to parallel the numbering system used in the Ohio Revised Code.
Title I: General Provisions
The purpose of this title is to create consistency throughout the code, and the provisions of Title I apply to all titles of the code. Thus, the general provisions of Title I will not be repeated throughout the code unless a variation of the provision applies to a particular code provision. Title I contains provisions concerning general definitions, rules of construction, revivor and the effect of amendment or repeal, the construction of section references, conflicting provisions, severability, reference to offices, errors and omissions, ordinances repealed, ordinances unaffected, ordinances saved, application to future ordinances, interpretation, amendments to the code, amendatory language, explanation of statutory references, preservation of penalties, offenses, rights and liabilities, determination of legislative intent, and a general penalty.
A general penalty has been provided at § 10.99. This general penalty will apply when no other penalty has been specifically provided for in another provision of this code.
The legislative history of a section (or division of a section), denoted by an Ohio Revised Code citation set forth in parentheses, indicates the state law derivation of the Basic Code section. For example, if “(R.C. § 4511.21)” were to appear at the end of a section (or division of a section), this would indicate that the Basic Code provision is based directly on Ohio Revised Code § 4511.21.
The legislative history of a section (or division of a section) may also indicate a date of revision. This legislative history reference indicates in which edition of the Ohio Basic Code the section or division was amended. For example, if “(Rev. 2015)” were to appear at the end of a section (or division of a section), this would indicate that the Basic Code provision was revised from its original form in the Ohio Basic Code, 2014 Edition, to its current form in the Ohio Basic Code, 2015 Edition.
Cross-references and Statutory References
“Cross-references” direct the user to subject matter related to certain Basic Code provisions contained within another section or chapter of the Basic Code, while “Statutory references” direct the user to subject matter related to certain Basic Code provisions contained within the Ohio Revised Code (“R.C.”) or the Ohio Administrative Code (“O.A.C.”).
The Ohio Basic Code includes headers on each page. Headers on even-numbered pages will indicate which edition of the Basic Code is being consulted and will also indicate, in bold print, the name of the title being consulted. Example: “Ohio Basic Code, 2015 Edition - Traffic Code”. The left side of the header on even-numbered pages will indicate the number of the first section that appears on that page. Headers on odd-numbered pages will indicate, in bold print, the name of the Chapter being consulted. Example: “Equipment and Loads”. The right side of the header on odd-numbered pages will indicate the number of the last section that appears on that page.
Title and Chapter Analysis
A Table of Contents, giving the name of each chapter within the title and the respective chapter numbers, can be located on the first page of each title. A Chapter Analysis, giving section headings and the respective section numbers, can be located on the first page of each Chapter. Thus, if a user wants to search for a specific crime involving weapons, the user could bypass the general index and go directly to the Table of Contents at the beginning of Title XIII. A quick scan down this Table of Contents would identify Chapter 137 as “Weapons Control”. The user could then go directly to Chapter 137 and scan the Chapter Analysis for the appropriate section heading.
Tables of Ohio Legislative History References
A Table of Ohio Legislative History References has been inserted at the beginning of each title. These tables enable a user to trace the origin of the law contained within a particular title, and the tables provide citations to the Basic Code and the corresponding Ohio Revised Code section upon which the Basic Code section is based. Thus, these tables enable users to quickly and accurately determine if a particular Ohio Revised Code section is the source for a Basic Code section within a particular title.
Parallel Reference and Disposition Tables
Parallel Reference and Disposition Tables have been included near the end of the code. These tables provide the following information:
The table entitled “Ohio Legislative History References – Master Table” enables a user to trace the origin of the law contained within the Ohio Basic Code, and the table provides a comprehensive list of citations to the Basic Code and the corresponding Ohio Revised Code section upon which the Basic Code section is based. This table enables a user to quickly and accurately determine if a particular Ohio Revised Code section is the source for a Basic Code provision.
The table entitled “Disposition Table” enables a user to determine which Basic Code sections have been substantially revised in the 2015 Edition, and also provides a brief description of the revision made (such as added, amended, repealed, renumbered and the like).