§ 32.050 CERTIFICATE OF CLERK AS TO PUBLICATION.

   Immediately after the expiration of the period of publication of summaries of ordinances required by § 32.047, the Clerk of the Legislative Authority shall enter on the record of ordinances, in a blank to be left for that purpose under the recorded ordinance, a certificate stating in which manner and on what dates the publication was made, and shall sign the Clerk’s name thereto officially. Such certificate shall be prima facie evidence that legal publication of the summary of the ordinance was made.

(R.C. § 731.24) (Rev. 2024)

§ 32.051 EFFECT OF NOT MAKING PUBLICATION.

   It is a sufficient defense to any suit or prosecution under an ordinance, to show that no publication or posting was made as required by §§ 32.045 through 32.050.

(R.C. § 731.25) (Rev. 2024)

§ 32.052 ORDINANCES PROVIDING FOR APPROPRIATIONS OR STREET IMPROVEMENTS; EMERGENCY ORDINANCES.

   Ordinances or other measures providing for appropriations for the current expenses of the municipality, or for street improvements petitioned for by the owners of a majority of the feet front of the property benefitted and to be especially assessed for the cost thereof, and emergency ordinances or measures necessary for the immediate preservation of the public peace, health or safety in the municipality, shall go into immediate effect. Such emergency ordinances or measures must, upon a yea and nay vote, receive a two-thirds vote of all the members elected to the Legislative Authority, and the reasons for the necessity shall be set forth in one section of the ordinance or other measure.

(R.C. § 731.30) (Rev. 2024)

INITIATIVE AND REFERENDUM

§ 32.070 INITIATIVE PETITIONS.

   (A)   Ordinances and other measures providing for the exercise of any powers of government granted by the Constitution or delegated to the municipality by the General Assembly may be proposed by initiative petition. Such initiative petition must contain the signatures of not less than 10% of the number of electors who voted for Governor at the most recent general election for the office of Governor in the municipality.

   (B)   When a petition is filed with the Clerk, signed by the required number of electors proposing an ordinance or other measure, the Clerk shall, after ten days, transmit a certified copy of the text of the proposed ordinance or measure to the Board of Elections. The Clerk shall transmit the petition to the Board, together with the certified copy of the proposed ordinance or other measure. The Board shall examine all signatures on the petition to determine the number of electors of the municipality who signed the petition. The Board shall return the petition to the Clerk within ten days after receiving it, together with a statement attesting to the number of such electors who signed the petition.

   (C)   The Board shall submit the proposed ordinance or measure for the approval or rejection of the electors of the municipality at the next general election occurring subsequent to 90 days after the Clerk certifies the sufficiency and validity of the initiative petition to the Board. No ordinance or other measure proposed by initiative petition and approved by a majority of the electors voting upon the measure in the municipality shall be subject to the veto of the Mayor.

   (D)   As used in this section, CERTIFIED COPY means a copy containing a written statement attesting that it is a true and exact reproduction of the original proposed ordinance or other measure.

(R.C. § 731.28) (Rev. 2011)

§ 32.071 REFERENDUM PETITIONS.

   (A)   Any ordinance or other measure passed by the Legislative Authority shall be subject to the referendum except as provided in § 32.072. No ordinance or other measure shall go into effect until 30 days after it is passed by the Legislative Authority, except as provided in § 32.072.

   (B)   When a petition, signed by 10% of the number of electors who voted for Governor at the most recent general election for the office of Governor in the municipality, is filed with the Clerk within 30 days after any ordinance or other measure is filed with the Mayor or passed by the Legislative Authority, or, if the Mayor has vetoed the ordinance or any measure and returned it to the Legislative Authority, the petition may be filed within 30 days after the Legislative Authority has passed the ordinance or measure over the veto, ordering that the ordinance or measure be submitted to the electors of the municipality for their approval or rejection, the Clerk shall, after ten days, and not later than 4:00 p.m. of the 90th day before the day of election, transmit a certified copy of the text of the ordinance or measure to the Board of Elections. The Clerk shall transmit the petition to the Board, together with the certified copy of the ordinance or measure. The Board shall examine all signatures on the petition to determine the number of electors of the municipality who signed the petition. The Board shall return the petition to the Clerk within ten days after receiving it, together with a statement attesting to the number of such electors who signed the petition. The Board shall submit the ordinance or measure to the electors of the municipality, for their approval or rejection, at the next general election occurring subsequent to 90 days after the Clerk certifies the sufficiency and validity of the petition to the Board.

   (C)   No such ordinance or measure shall go into effect until approved by the majority of those voting upon it. The provisions of this subchapter do not prevent the municipality, after the passage of any ordinance or other measure, from proceeding at once to give any notice or make any publication required by the ordinance or other measure.

   (D)   As used in this section, CERTIFIED COPY means a copy containing a written statement attesting that it is a true and exact reproduction of the original ordinance or other measure.

(R.C. § 731.29) (Rev. 2011)

§ 32.072 MORE THAN ONE ORDINANCE REQUIRED; APPLICATION OF SUBCHAPTER.

   Whenever the Legislative Authority is required to pass more than one ordinance or other measure to complete the legislation necessary to make and pay for any public improvement, this subchapter shall apply only to the first ordinance or other measure required to be passed and not to any subsequent ordinances and other measures relating thereto. Ordinances or other measures providing for appropriations for the current expenses of the municipality, or for street improvements petitioned for by the owners of a majority of the feet front of the property benefitted and to be especially assessed for the cost thereof, and emergency ordinances or measures necessary for the immediate preservation of the public peace, health, or safety in the municipality, shall go into immediate effect. Such emergency ordinances or measures must, upon a yea and nay vote, receive a two-thirds vote of all the members elected to the Legislative Authority, and the reasons for the necessity shall be set forth in one section of the ordinance or other measure.

(R.C. § 731.30) (Rev. 2002)