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This volume consists of all ordinances and resolutions of a permanent and general nature of the municipality, revised, codified, arranged, numbered and consolidated into component codes, titles, chapters and sections, and as such shall be known and may be designated as the Codified Ordinances of Solon, Ohio, 2013, for which designation “Codified Ordinances” may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.
(R.C. § 1.01)
For the purpose of the Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) AND. May be read OR, and OR may be read AND, if the sense requires it.
(b) 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.
(c) BOND. Includes an undertaking.
(d) CHILD. Includes child by adoption.
(e) COUNCIL. The legislative authority of the municipality.
(f) COUNTY. Cuyahoga County.
(g) FIRE CHIEF. Includes the Chief of the Fire Department if such Fire Department has been established in the municipality, and shall include the Fire Prevention Officer if no Fire Department has been established in the municipality.
(h) IMPRISONED. The same meaning as in R.C. § 1.05.
(i) 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.
(j) KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent or employee.
(k) LAND or REAL ESTATE. Includes rights and easements of incorporeal nature.
(l) LEGISLATIVE AUTHORITY. The legislative authority of the municipality.
(m) MAY. Permissive.
(n) MUNICIPALITY or CITY. When used in these Codified Ordinances shall mean the City of Solon, Ohio.
(o) O.A.C. The Ohio Administrative Code.
(p) OATH. Includes affirmation; and SWEAR includes affirm.
(q) OF UNSOUND MIND. The person lacks the relevant mental capacity.
(r) OWNER. When applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
(s) PERSON. Includes an individual, corporation, business trust, estate, trust, partnership and association.
(t) PERSONAL PROPERTY. Includes all property except real property.
(u) 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.
(v) PREMISES. As applied to property, includes land and buildings.
(w) PROPERTY. Includes real, personal, mixed estates and interests.
(x) 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.
(y) 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.
(z) R.C. or REVISED CODE. The Ohio Revised Code.
(aa) REAL PROPERTY. Includes lands, tenements and hereditaments.
(bb) REGISTERED MAIL. Includes certified mail; and CERTIFIED MAIL includes registered mail.
(cc) SHALL. Mandatory.
(dd) SIDEWALK. The portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
(ee) STATE. The State of Ohio.
(ff) STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the municipality.
(gg) 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.
(hh) UNDERTAKING. Includes a bond.
(ii) WEEK. Seven consecutive days.
(jj) WHOEVER. Includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
(kk) WRITING. Includes printing.
(ll) WRITTEN or IN WRITING. Includes any representation of words, letters, symbols or figures; this provision does not affect any law relating to signatures.
(mm) YEAR. Twelve consecutive months.
(R.C. §§ 1.02, 1.05, 1.44, 1.59, 701.01)
(a) Common and technical use. 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; tense.
(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.
(R.C. § 1.43)
(c) 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 that next succeeding day which is not 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 which constitutes the last day for doing such act or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Sunday or a legal holiday as defined in R.C. § 1.14.
(R.C. § 1.14)
(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 U.S.C. § 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 fourth Thursday in November, known as Thanksgiving Day;
J. The fourth Friday in November, known as Day after Thanksgiving;
K. The twenty-fifth day of December, known as Christmas Day; and
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)
(d) 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.
(e) 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 inconsistent with state statute or Charter provisions.
(f) Exceptions. The rules of construction shall not apply to any law which shall contain any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.
(a) The repeal of a repealing provision of the Codified Ordinances does not revive the provision originally repealed nor impair the effect of any saving clause therein.
(b) The re-enactment, amendment or repeal of a provision of the Codified Ordinances does not, except as provided in division (c) hereof:
(1) Affect the prior operation of the provision 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 with respect thereto, prior to the amendment or repeal; and/or
(4) Affect any investigation, proceeding or remedy with respect to any such 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 provision 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 a provision of the Codified Ordinances, the penalty, forfeiture or punishment, if not already imposed, shall be imposed according to the provision as amended.
(R.C. § 1.58)
(a) A reference to any portion of a provision of the Codified Ordinances applies to all re-enactments or amendments thereof.
(R.C. § 1.55)
(b) Wherever in a penalty section reference is made to a violation of a series of sections, or of divisions or other subdivisions of a section, such reference shall be construed to mean a violation of any section, division or other such subdivision included in such reference.
(c) References in the Codified Ordinances to action taken or authorized under designated sections of the Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances.
(R.C. § 1.23)
If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are separable.
(R.C. § 1.50)
(a) Whenever, in the Codified Ordinances or in any ordinance of the municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be subject to a misdemeanor of the 1st degree which will include a fine not exceeding $1,000, a term of imprisonment not exceeding six months, or both. A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
(b) The failure of any officer or employee of the municipality to perform any official duty imposed by this Model Ohio Municipal Code shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for the failure.
Statutory reference:
Ordinance violations and penalties, see R.C. § 715.67