202.01 Designation; Citation; Headings.
202.02 General Definitions.
202.03 Rules of Construction.
202.04 Revivor; Effect of Re- enactment, Amendment or Repeal.
202.05 Construction of Section References.
202.06 Separability.
202.07 Master Copies.
202.08 Copies Supplied Without Charge; Exchanges.
202.09 Cost to General Public.
202.99 General Penalty.
CROSS REFERENCES
See section histories for similar State law
Codification in book form - see CHTR. Sec. 34
Imprisonment until fine paid - see Ohio R.C. 1905.30, 2947.14
Ordinances and resolutions - see ADM. Ch. 212
Statute of limitations on prosecutions - see GEN. OFF. 606.06
This volume consists of all ordinances of a permanent and general nature of the Municipality, revised and consolidated into component codes, titles, chapters and sections, and as such shall be known and designated as the Codified Ordinances of the City of Lima, Ohio, 1975, 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)
(A) City. "City" means the City of Lima, Ohio.
(B) Conjunctions. "And" includes "or" and "or" includes "and, " if the sense so requires.
(C) Council. "Council" means the Council of the City.
(D) County. "County" means Allen County, Ohio.
(E) Gender. Words in the masculine gender include the feminine and neuter genders.
(F) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of language. However, technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the request of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
(G) Joint Authority. Words giving authority to a board, a commission or three or more City officers, employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(H) Keeper or Proprietor. "Keeper" or "proprietor" includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as servants, agents or employees.
(I) Land or Real Estate. "Land" or "real estate" includes rights and easements of an incorporeal nature.
(J) Number. Words in the plural number include the singular number and words in the singular number include the plural number.
(K) Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples with regard to taking an oath. An affirmation has the same force and effect as an oath.
(L) Owner. "Owner," when applied to property, includes any part owner, joint owner or tenant in common, of the whole or of any part of such property.
(M) Person. "Person" means associations, clubs, corporations, firms and partnerships, as well as individuals.
(N) Preceding and Following. "Preceding" and "following" mean next before and next after, respectively.
(O) Premises. "Premises," when applied to property, includes land and buildings.
(P) Property. Property includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property, and "real property" includes lands, tenements and hereditaments.
(Q) Public Authority. "Public authority" includes the Board of Education of the City, the City, the County Commissioners, the State, the United States and any duly authorized public official.
(R) Public Place. "Public place" includes any park, cemetery, school yard, or any open space adjacent thereto, and any lake or stream.
(S) Reasonable Time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or giving of such notice.
(T) Sidewalk. "Sidewalk" means that portion of the street located between the curb line and the line of the next adjacent property intended for use by pedestrians, but does not include parkways.
(U) Signature or Subscription. "Signature" or "subscription" includes a mark made when a person cannot write.
(V) State. "State" means the State of Ohio.
(W) Street. "Street" includes alleys, avenues, boulevards, lanes, roads, streets and other public ways in the City.
(X) Tenant or Occupant. "Tenant" or "occupant," when applied to a building or land, means any person holding a written or oral lease of or occupying the whole or any part of a building or land, alone or with others.
(Y) Tenses. Words in the past or present tense include the future.
(Z) Written or in writing. "Written" or "in writing" means any representation of words, letters or figures, whether by printing or otherwise.
(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 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)
(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 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 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)
(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)
If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstances 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 separable.
(ORC 1.50)
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