Section
10.01 Short titles
10.02 Definitions
10.03 Rules of construction
10.04 Revivor; effect of amendment or repeal
10.05 Construction of section references
10.06 Conflicting provisions
10.07 Severability
10.08 Reference to offices
10.09 Errors and omissions
10.10 Ordinances repealed
10.11 Ordinances unaffected
10.12 Ordinances saved
10.13 Application to future ordinances
10.14 Interpretation
10.15 Amendments to code
10.16 Section histories; statutory references
10.17 Preservation of penalties, offenses, rights and liabilities
10.18 Conformity with Charter
10.99 General penalty
(A) All ordinances of a permanent and general nature of the municipality, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the "Montgomery Code," for which designation "municipal code," "code of ordinances," "codified ordinances" or "code" may be substituted. Code title, chapter, and section headings do not constitute any part of the law as contained in the code.
(R.C. § 1.01)
(B) All references to codes, titles, chapters, and sections are to such components of the code 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 "§" followed by the number, such as "§ 10.01." Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AND may be read OR, and OR may be read AND, if the sense requires it.
ANOTHER. 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.
CHILD. Includes child by adoption.
COUNCIL. The Legislative Authority of the municipality.
COUNTY. The county or counties in which the municipality is located.
FIRE CHIEF. Shall include the Chief of a fire department.
IMPRISONED. Shall have the same meaning as in R.C. § 1.05.
INTERNET. The international computer network of both federal and non-federal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent, or employee.
LAND or REAL ESTATE. Includes rights and easements of incorporeal nature.
LEGISLATIVE AUTHORITY. The Legislative Authority of the municipality.
MAY. Is permissive.
MUNICIPALITY, CITY, TOWN, VILLAGE, or MUNICIPAL CORPORATION. When used in this code, shall denote the municipality irrespective of its population or legal classification.
O.A.C. Refers to the Ohio Administrative Code.
OATH. Includes affirmation; and SWEAR includes affirm.
OWNER. When applied to property, includes any part owner, joint owner, or tenant in common of the whole or part of such property.
PERSON. Includes an individual, corporation, business trust, estate, trust, partnership, and association.
PERSONAL PROPERTY. Includes all property except real property.
PLAN OF SEWERAGE, SYSTEM OF SEWERAGE, SEWER, and SEWERS. Includes sewers, sewage disposal works and treatment plants, and sewage pumping stations, together with facilities and appurtenances necessary and proper therefor.
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes real, personal, mixed estates, and interests.
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.
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.
R.C. or REVISED CODE. Refers to the Ohio Revised Code.
REAL PROPERTY. Includes lands, tenements, and hereditaments.
REGISTERED MAIL. Includes certified mail; and CERTIFIED MAIL includes registered mail.
SHALL. Is mandatory.
SIDEWALK. That portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE. The State of Ohio.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts, and all other public thoroughfares within the municipality.
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.
WEEK. Seven consecutive days.
WHOEVER. Includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private.
WRITING. Includes printing.
WRITTEN or IN WRITING. The terms include any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures.
YEAR. Twelve consecutive months.
(R.C. §§ 1.02, 1.05, 1.44, 1.59, 701.01)
(A) Common and technical usage. 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.
(R.C. § 1.42)
(B) Singular and plural; gender; tenses. As used in this code, 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.
(R.C. § 1.43)
(C) Calendar; 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 USC 6103, as amended, for the commemoration of Memorial day;
(e) The nineteenth day of June, known as Juneteenth day;
(f) The fourth day of July, known as Independence day;
(g) The first Monday in September, known as Labor day;
(h) The second Monday in October, known as Columbus day;
(i) The eleventh day of November, known as Veteran’s day;
(j) The fourth Thursday in November, known as Thanksgiving day;
(k) The twenty- fifth day of December, known as Christmas day;
(l) 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.
(R.C. § 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.
(R.C. § 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.
(R.C. § 1.45)
(7) In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, 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) Numbers. If there is a conflict between figures and words in expressing a number, the words govern.
(R.C. § 1.46)
(E) 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.
(F) 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 it is inconsistent with state law or municipal charter provisions.
(G) Exceptions. The rules of construction shall not apply to any law which contains any express provision excluding such construction, or when the subject matter or context of such law is repugnant thereto.
(A) The repeal of a repealing statute does not revive the ordinance originally repealed nor impair the effect of any saving clause therein.
(R.C. § 1.57)
(B) The re-enactment, amendment, or repeal of an ordinance does not, except as provided in division (C) of this section:
(1) Affect the prior operation of the ordinance 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 ordinance 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 an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended.
(R.C. § 1.58)
(D) An ordinance which is re-enacted or amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
(R.C. § 1.54)
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