(a) Intent. In enacting any provision, title, chapter, section, or division of the Xenia City Code, it is presumed that:
(1) Compliance with the constitutions of the State and of the United States is intended;
(2) The entire provision, title, chapter, section, or division is intended to be effective;
(3) A just and reasonable result is intended; and
(4) A result feasible of execution is intended.
Statutory Reference: ORC 1.47
(b) Presumed Prospective. All provisions, titles, chapters, sections, and divisions of the Xenia City Code shall be presumed to be prospective in their operation unless expressly made retrospective.
Statutory Reference: ORC 1.48
(c) Construction by the Court. If any provision, title, chapter, section, or division of the Xenia City Code is ambiguous, the court, in determining the intention of the Council, may consider among other matters:
(1) The object sought to be attained;
(2) The circumstances under which the provision, title, chapter, section, or division was enacted;
(3) The legislative history;
(4) The common law or former legislative provisions, including laws upon the same or similar subjects;
(5) The consequences of a particular construction; and/or
(6) The administrative construction of the provision, title, chapter, section, or division.
Statutory Reference: ORC 1.49
(d) Conflicts.
(1) If the provisions of any title(s), chapter(s), section(s) or division(s) of the Xenia City Code, which are enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails.
(2) In the event of a conflict between any of the provisions of the Xenia City Code, or between any of the provisions of the Xenia City Code and a provision of any technical code adopted in accordance with Section 5.08 of the City Charter, the provision that establishes the higher or stricter standard shall control.
(3) In the event of a conflict between any of the provisions of the Xenia City Code and any provision of state law, including rules and regulations promulgated pursuant to state law, the provisions of the Xenia City Code shall control and be deemed to be a valid exercise of the City's home rule authority under Article XVIII of the Ohio Constitution, unless the state law is a valid general law, in which case the state law shall control.
(Ord. 2021-23. Adopted 12/29/21)