137.08 RESIDENCY OF POLICE OFFICERS AND FIREMEN.

   (a)    Subject Employees. City employees subject to the requirements of this section consist of sworn officers of the City Police Department and firemen with the rank of firefighter or above in the City Fire Department.
(Ord. 114 (84-85). Passed 10-4-84.)

   (b)    Residence Requirement. All subject employees defined in subsection (a) hereof shall reside within an eight mile radius of the Marietta City Hall; and, irrespective of such eight-mile radius, shall also be a resident of the State of Ohio.

(Ord. 136 (84-85). Passed 1-3-85.)

   (c)    New Employees. Any person who is employed or reinstated as a sworn officer of the Police Department, or as a fireman with the rank of firefighter or above in the Fire Department, on or after the date of enactment of this section, shall as a condition of employment reside within the geographical area as defined in subsection (b) hereof, or shall meet such residency requirement within six months of appointment.

(Ord. 114 (84-85). Passed 10-4-84.)

   (d)    Exemption. All subject employees who were appointed by the City prior to the date of enactment of this subsection (d) shall be exempted from the requirements under subsection (b) hereof, provided however; any such subject employee who actually resides at the time of enactment of this subsection (d) within an eight mile radius of the City Hall of Marietta, and/or is a resident of the State of Ohio, shall maintain his or her residency within such geographical area as long as he or she is employed in a position of employment subject to this section.
(Ord. 136 (84-85). Passed 1-3-85. )

   (e)   Change of Residence by Exempted Employee. If any exempt employee as defined in subsection (c) hereof, who is not residing within the geographical area defined in subsection (b) hereof subsequently changes his or her residence after the date of enactment of this section, such subject employee shall establish a principal place of residence within the geographical area defined in subsection (b) hereof.

   (f)    Violation. Violation of any provision of this section by a subject employee is grounds for dismissal as determined by the Director of Public Safety and Service.

   (g)    Constitutionality. If any provision of this section shall be held to be unconstitutional or otherwise unlawful, all other provisions shall remain in whole force and effect.
(Ord. 114 (84-85). Passed 10-4-84.)