OF THE CITY
OF PORTSMOUTH, OHIO
EDITOR'S NOTE: The Charter was originally adopted on November 6, 1928. Dates appearing in parentheses following a section heading indicate those provisions were subsequently adopted, amended or repealed on the date given.
TABLE OF CONTENTS
CORPORATE POWERS
Sec. 1. Enumerated Corporate Powers.
Sec. 2. Enumerated Powers Not Exclusive.
THE COUNCIL
Sec. 3. Powers, Election, Term, Vacancies. (Amended 11-5-85; 5-7-02; 5-2-11)
Sec. 3a. Charter Review Committee. (3-15-16)
Sec. 4. Meetings of Council. (5-2-89; 11-8-11; 3-17-20)
Sec. 5. President of Council; Mayor. (11-8-11)
Sec. 6. Salary of Council Members and President of Council. (11-5-13)
Sec. 7. City Clerk.
Sec. 8. Rules of Council. (11-8-11)
Sec. 9. Quorum, Voting of Members.
Sec. 9-a. Alteration of Words "Four Members". (Adopted 11-4-52; 3-17-20)
Sec. 10. Legislative Procedure.
Sec. 11. Amending Ordinances and Resolutions.
Sec. 12. When Ordinances and Resolutions Take Effect.
Sec. 13. Authentication and Publication of Ordinances and Resolutions.
(11-5-02; 11-8-11)
THE INITIATIVE
Sec. 14. Power to Initiate Ordinances.
Sec. 15. Consideration of Initiated Ordinance by Council.
Sec. 16. Submission of Initiated Ordinance to Electors.
Sec. 17. Election on Initiated Ordinance.
Sec. 18. Initiated Ordinance Passed By Council in Amended Form.
Sec. 19. Initiated Repealing Ordinances.
THE REFERENDUM
Sec. 20. Power of Referendum.
Sec. 21. Referendum Petition. (Adopted 11-4-41.)
Sec. 22. Consideration of Referred Ordinance by Council -
Referendum Election.
Sec. 23. Form of Ballot For Initiated and Referred Ordinances. (5-7-02)
Sec. 24. Preliminary Action Under Referred Ordinance.
Sec. 25. Referendum on Ordinances.
Sec. 26. Conflict of Referred Measures.
INITIATIVE, REFERENDUM AND RECALL PETITIONS
Sec. 27. Signatures to Initiative, Referendum and Recall Petitions.
Sec. 28. Filing, Examination and Certification of Initiative,
Referendum and Recall Petitions (Adopted 11-4-52.)
Sec. 29. Amendment of Initiative, Referendum and Recall Petitions.
ADMINISTRATIVE SERVICE
Sec. 30. The City Manager. (11-5-13)
Sec. 31. Responsibility of Manager - Powers of Appointment and
Removal. (11-5-13)
Sec. 32. Removal of Officers and Employees.
Sec. 33. Council Not to Interfere in Appointments or Removals.(11-8-11)
Sec. 34. Duties of the City Manager.(11-8-11)
Sec. 35. Right of Certain Officers in Council.
Sec. 36. Establishment of Departments. (3-15-16)
Sec. 37. One Person as Head of Two or More Offices. (11-8-11)
Sec. 38. Number of Assistants and Subordinates, How Fixed. (11-8-11)
Sec. 39. Advisory Boards. (11-8-11)
Sec. 40. Investigations by Council or City Manager. (11-8-11)
DEPARTMENT OF LAW
Sec. 41. Election, Qualifications and Duties of City Solicitor.
(Adopted 11-5-13.)
DEPARTMENT OF FINANCE - FINANCIAL PROCEDURE
Sec. 42. Election, Qualifications and Duties of City Auditor.
(Adopted 11-5-13.)
Sec. 43. Monthly Statement by City Auditor.
Sec. 44. Special Audits. (11-8-11)
Sec. 45. Purchasing Agent. (11-8-11)
Sec. 46. Purchasing and Furnishing Supplies. (Adopted 11-4-52.)
FINANCIAL PROCEDURE
Sec. 47. Fiscal Year. (11-8-11)
Sec. 47-a. Annual Tax Levy. (Adopted 5-5-53.)
Sec. 47-b. Tax Levy for Bonds and Notes. (Adopted 5-5-53.)
Sec. 47-c. Income Tax Authorization. (Adopted 5-5-70; 11-8-11.)
Sec. 47-d. Supplemental Income Tax Authorization.
(Amended 6-8-76; 11-8-11.)
Sec. 47-e. Supplemental Income Tax Authorization for Safety
Forces.
Sec. 47-f. Supplemental Income Tax Authorization for Safety Forces. (Police and Fire) (Enacted 11-8-11)
Sec. 47-g. Supplemental Income Tax Authorization for General Municipal Operations. (5-5-15)
Sec. 48. Annual Budget. (11-8-11)
Sec. 49. Annual Appropriation Ordinance. (11-8-16)
Sec. 50. Preliminary Appropriations. (11-8-16)
Sec. 51. Transfer of Appropriations.
Sec. 52. Appropriations of Excess Revenue.
Sec. 53. Expenditures Only Pursuant to Appropriations.
Sec. 54. Appropriation Accounts.
Sec. 55. Payment of Claims Against the City. (11-8-11)
Sec. 56. Examination and Investigation of Claims.
Sec. 57. Money Required to Be in Treasury.
Sec. 58. When Contracts and Agreements Are Invalid.
Sec. 59. Accounts of Publicly Owned Utilities.
Sec. 60. Sinking Fund. (5-7-02)
Sec. 61. Contracts. (11-8-11)
Sec. 62. Alteration in Contracts. (11-8-11)
MUNICIPAL CIVIL SERVICE COMMISSION
Sec. 63. Composition, Powers and Duties. (Adopted 11-4-41.)
Sec. 64-75. EDITOR'S NOTE: There are no sections 64 through 75.
Sec. 76. Compensation Established by Council. (Adopted 11-4-41; 11-8-11)
Sec. 77-79. EDITOR'S NOTE: There are no sections 77 through 79.
Sec. 80. Political Assessments Prohibited.
Sec. 81. Certain Political Practice Forbidden.
Sec. 82. Political Activity Prohibited.
Sec. 83. Violation and Penalties. (Adopted 11-4-41.)
Sec. 84. Present Employees Continued.
Sec. 85. Candidacy For Elective Office Prohibited. (5-7-02)
PUBLIC HEALTH
Sec. 86. Control of Public Health By City.
POLICE AND FIRE SERVICE
Sec. 87. Police Force. (Amended 11-3-87; 11-8-11)
Sec. 88. Special Policemen. (11-8-11)
Sec. 89. Fire Force (Amended 11-3-87; 11-8-11.)
IMPROVEMENTS AND ASSESSMENTS
Sec. 90. Local Improvements.
Sec. 91. Methods of Special Assessment.
Sec. 92. Preliminary Resolution.
Sec. 93. Plan of Proposed Improvements.
Sec. 94. Notices Served.
Sec. 95. Board of Revision of Assessments. (11-5-02; 11-8-11)
Sec. 96. Claims of Damage.
Sec. 97. Final Assessment.
Sec. 98. Payment of Assessments - Liens.
Sec. 99. Damages Assessed Before Improvement.
Sec. 100. Damages Assessed After Improvement.
Sec. 101. Limitation on Damage Suits.
Sec. 102. Work to Be Done. (11-8-11)
Sec. 103. Lands Unallotted or Not on Duplicate.
Sec. 104. What Cost of Improvement Shall Include.
Sec. 105. Limitation on Assessments. Improvement on Petition
of Abutting Property Owners.
Sec. 106. City's Portion of Cost.
Sec. 107. Replacing Existing Improvements.
Sec. 108. Estimate of Life of Improvements. (11-8-11)
Sec. 109. Rebates and Supplementary Assessments.
Sec. 110. Sewer, Water and Other Connections. (11-8-11)
Sec. 111. Sidewalks, Curbings and Gutters.
Sec. 112. Construction of Sidewalk, etc., by City. (Adopted
11-4-75.)
Sec. 113. Assessment Bonds For Sidewalk, etc.
CITY PLANNING COMMISSION
Sec. 114. How Constituted, Procedure and Employees. (11-5-02; 11-8-11))
Sec. 115. Duties of the Commission.
Sec. 116. Recommendations of Commission.
Sec. 117. Plat of Subdivision.
Sec. 118. Approval of Plats.
Sec. 119. Official Map.
Sec. 120. Zoning - Board of Appeals. (Adopted 11-5-68; 11-5-02.)
Sec. 121. Effect of Platting.
Sec. 122. Alteration of Streets.
Sec. 123. Dedication of Streets.
Sec. 124. Creation or Change of Name of Streets.
APPROPRIATION OF PROPERTY
Sec. 125. Appropriation Authorized.
Sec. 126. Declaratory Resolution.
Sec. 127. Notice to Owners.
Sec. 128. Further Proceedings.
FRANCHISES AND PUBLIC UTILITIES
Sec. 129. Franchise Defined.
Sec. 130. Grants, Amendments and Renewals of Franchises.
Sec. 131. Revocable Permits Not Franchises.
Sec. 132. Passage of Franchise Ordinances. (11-8-11)
Sec. 133. Public Utility Rates; Reserved Rights of City.
Sec. 134. Value of Grant Excluded.
Sec. 135. Extensions.
Sec. 136. Certified Copies of Grants, etc.
Sec. 137. No Exclusive Grant.
Sec. 138. Consent of Property Owners.
Sec. 139. Public Utility Fixtures and Appliances.
Sec. 140. Limitation of Franchise.
Sec. 141. Free Carriage of Policemen and Firemen. (5-7-02)
Sec. 142. General Provision.
NOMINATIONS AND ELECTIONS
Sec. 143. General Laws to Apply. (Adopted 11-4-52.)
Sec. 144. Petitions for Place on Primary Election Ballot.
(11-5-74; 5-7-02; 11-4-03; 11-5-13.)
Sec. 145. Ballots. (Adopted 11-4-52.)
Sec. 146. Rotation of Names. (11-4-52; 5-7-02.)
Sec. 147. Special Election Officials. (Adopted 11-4-52.)
Sec. 147a. Primary Elections. (3-15-16)
Sec. 148. Regular Municipal Election. (Adopted 11-4-52.)
Sec. 149. Challengers and Witnesses.
THE RECALL
Sec. 150. Recall Petition Papers. (Adopted 11-4-52.)
Sec. 151. Filing Recall Petition. (Adopted 11-4-52.)
Sec. 152. Recall Election Ordered. (Adopted 11-4-52.)
Sec. 153. Candidates to Succeed Councilman Recalled.
(Adopted 11-4-52.)
Sec. 154. Ballots in Recall Elections. (Adopted 11-4-52.)
Sec. 155. Result of Recall Election; Filling Vacancies.
(Adopted 11-4-52.)
Sec. 156. Election When Member Resigns.
Sec. 157. Limitations on Recall Petitions. (Adopted 11-4-52.)
MISCELLANEOUS PROVISIONS
Sec. 158. Compensation of Officers and Employees.
Sec. 159. Official Bonds. (11-8-11)
Sec. 160. Oath of Office.
Sec. 161. Financial Interest in Contracts, etc. (11-8-11)
Sec. 162. Continuance of Present Officers.
Sec. 163. Continuance of Contracts.
Sec. 164. Hours of Labor. (Adopted 5-2-72; 11-8-11; 5-2-17.)
Sec. 165. General Laws to Apply.
Sec. 166. Amendments. (Adopted 11-2-71.)
Sec. 167. Saving Clause.
Sec. 168. When Provisions Take Effect.
CHARTER OF THE CITY
OF PORTSMOUTH, OHIO
CORPORATE POWERS
The inhabitants of the City of Portsmouth, within the limits as now established, or as hereafter established in the manner provided by law, shall be a body politic and corporate by name the City of Portsmouth, and as such shall have perpetual succession; may use a corporate seal; may sue and be sued; may acquire or appropriate property within or without its limits for any municipal purpose in fee simple or lesser interest or estate by purchase, gift, device, appropriation, lease, or lease with privilege to purchase, and may sell, lease, hold, manage, and control such property and make any and all rules and regulations by ordinance or resolution which may be required to carry out fully all the provisions of any conveyance, deed, or will, in relation to any gift or bequest, or the provisions of any lease by which it may acquire property; may acquire, appropriate, construct, own, lease, operate and regulate public utilities; may assess, levy, and collect taxes for general and special purposes on all the subjects or objects which the City may lawfully tax; may borrow money on the faith and credit of the City by the issue or sale of bonds or notes of the City; may appropriate the money of the City for all lawful purposes; may create, provide for, construct, regulate and maintain all things of the nature of public works and improvements; may levy and collect assessments for local improvement; may license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; may define, supervise, regulate, prohibit, abate, suppress and prevent all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction, height, and the material used in the construction of all buildings, and the location, maintenance and occupancy thereof; may regulate and control the use for whatever purposes, of its streets and other public places; may create, establish, organize and abolish offices and fix the salaries and compensation of all officers and employees; may make and enforce local police, sanitary and other similar regulations; may pass such ordinances as may be expedient for maintaining the peace, good government and welfare of the City, and for the performance of the functions thereof; and shall have all powers that now are, or hereafter may be granted to municipalities by the constitution and laws of Ohio.
The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated therein, implied thereby, or appropriate to the exercise thereof, it is intended that the City of Portsmouth shall have, and may exercise, all powers which, under the constitution of Ohio, it would be competent for this Charter specifically to enumerate. All powers of the City, whether expressed or implied, shall be exercised in the manner prescribed by this Charter, or, if not prescribed therein, then in the manner provided by ordinance or resolution of the Council.
COUNCIL
Loading...