To meet a situation affecting life, health, property, or the public peace, Council may adopt an emergency ordinance or resolution. Such an emergency measure shall be introduced in the form and manner prescribed for ordinances and resolutions generally, except that it shall be read in full, unless two-thirds (2/3) of the total number of Councilmen provided for by this Charter dispense with the reading in full of such legislation in which case the legislation shall be deemed to have been read in full if the title is fully read, and shall be designated as an emergency measure and shall contain, after the emergency clause, a declaration stating that an emergency exists, describing it in clear and specific terms, and indicating why emergency action is necessary. An emergency measure shall become effective upon adoption or at such later time as it may specify. It may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two-thirds (2/3) of the members elected to Council shall be required for adoption.
Emergency ordinances or resolutions may not:
(1) Adopt or amend a zoning regulation;
(2) Adopt or amend an administrative code;
(3) Establish, alter, or abolish any municipal department, office, or agency;
(4) Levy taxes;
(5) Grant, renew, or extend a franchise;
(6) Regulate the rate charged for its services by a public utility;
(7) Convey or lease, or authorize the conveyance or lease of, any lands of the Municipality;
(8) Adopt, with or without amendment, ordinances proposed under the initiative power;
(9) Set the salaries paid to municipal officials or employees except where an adjustment to the salary is necessary to keep it commensurate with the experience of a newly hired, non-elected official or employee;
(10) Perform any other function prohibited by law from being authorized by emergency ordinance or resolution.
The validity of Council’s decision to declare an ordinance or resolution an emergency shall be reviewable in a court of law at the volition of any resident of the Municipality if such resident shall bring an action for declaratory judgment on the legitimacy of the declaration of the ordinance or resolution as an emergency within three (3) days of the final passage of the ordinance or resolution. For purposes of determining the legitimacy of an emergency declaration in the legislation of this City the reviewing court of law shall take into consideration the Ohio Revised Code and the common law of the State of Ohio which addresses itself to what is and what is not, a legitimate emergency for municipal legislative purposes, and when such determination by the legislative body of the City shall be overturned by a court of law. The effect of the ordinance or resolution so challenged shall be suspended immediately by the filing of such an action unless the rights of innocent third parties would be prejudiced thereby. At the termination of the action so brought, the ordinance or resolution shall take effect immediately if the decision of the court is in favor of the Municipality. If the decision is not in favor of the Municipality, the measure shall be repealed automatically as of the date of entry of the judgment. If Council thereupon wishes to reintroduce a measure on the same subject, that measure shall not be passed as an emergency and shall be subject to referendum unless otherwise provided in this Charter.
(Amended 11-5-02.)