CHAPTER 949
Use of City Property
949.01    Permit required.
949.02   Conditions.
949.03   Sale, lease or exchange of unneeded Municipal real or personal property.
949.04   Internet auctions.
949.99   Penalty.
CROSS REFERENCES
      Unlawful possession of municipal property - see Ohio R.C. 5589.12
      Criminal trespass - see GEN. OFF. 541.05
   949.01  PERMIT REQUIRED. 
   Any civic group wishing to use City property for a special purpose may apply for a permit to do so. The Mayor shall review the merits of such request and determine whether or not such request is meritorious. Upon approval thereof, the Mayor may issue the permit requested and the permit shall be validated by the Mayor and President of Council.
(Ord. 1973-45. Passed 6-18-73.) 
   949.02  CONDITIONS.
   (a)    Prior to the issuance of a permit for the use of City land, excluding park land, the Mayor shall determine that the requested use shall not interfere with the governmental use of the City property by members of the general public. 
   (b)    The applicant shall agree in writing to hold the City harmless for injuries to any individual, occurring from the use of City property by the applicable civic group to whom the permit shall be issued. 
   (c)    In consideration of the issuance of such permit, the applicant shall agree to restore the land used to the same condition that existed at the time the permit was issued. 
   (d)    The applicant shall agree in writing not to use the City land for any purpose or activity in violation of any City ordinance or State law. 
(Ord. 1973-45. Passed 6-18-73.)
   949.03  SALE, LEASE OR EXCHANGE OF UNNEEDED MUNICIPAL REAL OR PERSONAL PROPERTY.
   (a)   When the Mayor or, in his absence, the appropriate department head or administrative officer, advises certain real or personal property is no longer needed for any Municipal purpose, Council may declare it unneeded and authorize its sale, lease or exchange without the necessity of public bids.
   (b)   All exchanges may require the acceptance of the Mayor and Council.
   (c)   The City should, but need not unless required in the ordinance declaring it unneeded for Municipal purposes, seek competitive quotes from at least three interested parties to assure the City is receiving just and fair compensation.
   (d)   The City shall not be bound by Ohio R.C. 721.03 as to the procedures utilized for the sale, lease, or exchange of its excess and unneeded property.
(Ord. 2000-161.  Passed 10-23-00.)
 
   949.04  INTERNET AUCTIONS.
   (a)   The City may dispose of personal property which is not needed for public use or is obsolete or unfit for the use for which it was acquired, by internet auction in accordance with Section 949.03 and Section 721.15(D) of the Ohio Revised Code.
   (b)   The Mayor, upon recommendation of the Department Head, shall determine whether the property is of such character and/or value that it would be more beneficial to the City to place the item for sale via internet auction.
   (c)   Bidding shall be open for a minimum of fifteen days and the City shall determine who will conduct the auction and establish the general terms and conditions of sale in a case by case basis consistent with the provisions of Section 721.15(D) of the Ohio Revised Code.
   (d)   Nothing set forth in this section shall preclude the City from holding a public auction if it is determined appropriate.
   (e)   Upon adoption of this legislation, the Clerk shall publish in a newspaper of general circulation in the City notice if its intent to sell unneeded, obsolete, or unfit municipal property by internet auction.  The notice shall include a summary of the information contained herein and shall be published at least twice.  A similar notice shall be posted continually throughout the calendar year in a conspicuous place at City Hall and on the City’s website.
   (f)   A list of items to be sold by auction will be submitted from time to time to Council for acknowledgment regardless of the auction method.
(Ord. 2012-115.  Passed 9-24-12.)
 
   949.99  PENALTY. 
   Whoever holds a permit under the authority granted, or uses City land in violation of the conditions stated herein, or additional conditions that may be required by the Mayor for the issuance of such permit, shall be deemed guilty of a misdemeanor and fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). 
(Ord. 1973-45. Passed 6-18-73.)
CODIFIED ORDINANCES OF STREETSBORO