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Rutland Municipal Code
  • Rutland Municipal Code
    • Adoption
    • Certification
    • Roster of Officials
    • Title I: General Provisions
      • Chapter 10: General Provisions
    • Title III: Administration
      • Chapter 30: General Provisions
      • Chapter 31: Executive Authority
        • Subchapter A: General Provisions
        • Subchapter B: The Mayor
        • Subchapter C: The Clerk
        • Subchapter D: The Treasurer
        • Subchapter E: The Street Commissioner
        • Subchapter F: Other Officials
      • Chapter 32: Legislative Authority
        • Subchapter A: The Village Council
        • Subchapter B: Contracts, Bids and Proceedings
        • Subchapter C: Ordinances and Resolutions
        • Subchapter D: Initiative and Referendum
      • Chapter 33: Judicial Authority
        • Subchapter A: Mayor's Court
        • Subchapter B: Contempt of Court
      • Chapter 34: Department of Police
      • Chapter 35: Department of Fire
        • Subchapter A: General Provisions
        • Subchapter B: Volunteer Firefighters' Dependents Fund Board
      • Chapter 36: Civil Actions Against the Municipality
    • Title V: Public Works
      • Chapter 50: General Provisions
      • Chapter 51: Public Utilities
      • Chapter 52: Solid Waste Disposal
      • Chapter 53: Storm Water Control
    • Title VII: Traffic Code
      • Chapter 70: General Provisions
        • Subchapter A: General Provisions
        • Subchapter B: Traffic Control Devices
      • Chapter 71: Licensing Provisions
        • Subchapter A: Motor Vehicle Licensing
        • Subchapter B: Driver's Licenses
        • Subchapter C: Commercial Driver's Licenses
      • Chapter 72: Traffic Rules
        • Subchapter A: General Provisions
        • Subchapter B: Right-of-Way
        • Subchapter C: Pedestrians
        • Subchapter D: Grade Crossings
        • Subchapter E: School Buses
        • Subchapter F: Prohibitions
      • Chapter 73: Motor Vehicle Crimes
        • Subchapter A: Impaired Operation
        • Subchapter B: Reckless Operation; Speed Limits
        • Subchapter C: Stopping after Accident
      • Chapter 74: Equipment and Loads
        • Subchapter A: Equipment
        • Subchapter B: Loads
      • Chapter 75: Bicycles, Motorcycles and Off-Road Vehicles
        • Subchapter A: General Provisions
        • Subchapter B: Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles
      • Chapter 76: Parking Regulations
    • Title IX: General Regulations
      • Chapter 90: Animals
        • Subchapter A: Animals at Large
        • Subchapter B: Offenses Relating to Animals
      • Chapter 91: Fireworks, Explosives and Fire Prevention
        • Subchapter A: Fireworks and Explosives
        • Subchapter B: Fire Prevention
        • Subchapter C: Open Burning
      • Chapter 92: Intoxicating Liquors
      • Chapter 93: Nuisances
        • Subchapter A: General Provisions
        • Subchapter B: Septic Tanks, Cesspools and Refuse
        • Subchapter C: Weeds and Litter on Private Property
        • Subchapter D: Unclean Habitations
      • Chapter 94: Streets and Sidewalks
        • Subchapter A: General Provisions
        • Subchapter B: Construction and Repair
        • Subchapter C: Changes in Streets
      • Chapter 95: Unclaimed and Abandoned Vehicles
      • Chapter 96: Watercraft
    • Title XI: Business Regulations
      • Chapter 110: General Provisions
      • Chapter 111: Taxicabs
      • Chapter 112: Peddlers, Itinerant Merchants and Solicitors
      • Chapter 113: Commercial Amusements
      • Chapter 114: Tattooing and Body Piercing Services
    • Title XIII: General Offenses
      • Chapter 130: General Provisions
      • Chapter 131: Offenses Against Property
      • Chapter 132: Offenses Against Public Peace
      • Chapter 133: Sex Offenses
      • Chapter 134: Gambling Offenses
      • Chapter 135: Offenses Against Persons
      • Chapter 136: Offenses Against Justice and Administration
      • Chapter 137: Weapons Control
      • Chapter 138: Drug Offenses
    • Title XV: Land Usage
      • Chapter 150: General Provisions
        • Subchapter A: Parks and Recreation
        • Subchapter B: Planning and Zoning
        • Subchapter C: Streets, Rights-of-Ways and Addressing
        • Subchapter D: Building Department
      • Chapter 151: Agriculture, Animals and Livestock
      • Chapter 152: Commercial Development; Structures
        • Subchapter A: General Provisions
        • Subchapter B: Commercial Development
        • Subchapter C: Residential Development
        • Subchapter D: Dangerous Dwellings and Structures
        • Subchapter E: Manufactured Homes
      • Chapter 153: Flood Hazard Mitigation
    • Title XVII: Municipal Regulations
      • Chapter 170: The Municipality and its Government
        • Subchapter A: The Municipality
        • Subchapter B: Office of the Mayor
        • Subchapter C: Office of the Clerk-Fiscal Officer
        • Subchapter D: Office of the Marshal; Department of Police
        • Subchapter E: Office of the Street Commissioner; Department of Public Servi
        • Subchapter F: Department of Code Enforcement
        • Subchapter G: Department of Information Technology
      • Chapter 171: Other General Regulations
        • Subchapter A: Burial of Indigent Persons
        • Subchapter B: Juveniles
        • Subchapter C: Adult Use Cannabis Control
        • Subchapter D: Municipal Income Taxation
        • Subchapter E: Property, Utility and Motor Vehicle Taxation
      • Recodification and Reorganization of Title XVII
Rutland Municipal Code
Rutland Municipal Code > Title III: Administration > Chapter 32: Legislative Authority > Subchapter C: Ordinances and Resolutions
Subchapter C: Ordinances and Resolutions
§ 32.040 ORDINANCES AND RESOLUTIONS AS EVIDENCE.
§ 32.041 PASSAGE PROCEDURE.
§ 32.042 STYLE OF ORDINANCES.
§ 32.043 SUBJECT AND AMENDMENT OF ORDINANCES AND RESOLUTIONS.
§ 32.044 AUTHENTICATION AND RECORDING OF ORDINANCES AND RESOLUTIONS.
§ 32.045 PUBLICATION OF ORDINANCES AND RESOLUTIONS; PROOF OF PUBLICATION AND CIRCULATION.
§ 32.046 NOTICE FOR PROPOSED AMENDMENTS TO THE MUNICIPAL CHARTER.
§ 32.047 TIMES OF PUBLICATION REQUIRED.
§ 32.048 PUBLICATION AND CERTIFICATION OF ORDINANCES IN BOOK FORM.
§ 32.049 ADOPTION OF TECHNICAL ORDINANCES AND CODES.
§ 32.050 CERTIFICATE OF CLERK AS TO PUBLICATION.
§ 32.051 EFFECT OF NOT MAKING PUBLICATION.
§ 32.052 ORDINANCES PROVIDING FOR APPROPRIATIONS OR STREET IMPROVEMENTS; EMERGENCY ORDINANCES.

Subchapter C: Ordinances and Resolutions


§ 32.040 ORDINANCES AND RESOLUTIONS AS EVIDENCE.

   Printed copies of the ordinances and resolutions of the municipality, published under its authority, and transcripts of any resolutions or ordinances, or of any act or proceeding of the municipality, recorded in any book or entered on any minutes or journal kept under the direction of the municipality, and certified by the Clerk, shall be received in evidence throughout the state for any purpose for which the original books, ordinances, minutes or journals would be received.

(R.C. § 731.42) (Rev. 2002)


§ 32.041 PASSAGE PROCEDURE.

   (A)   The following procedures shall apply to the passage of ordinances and resolutions of the municipality:

      (1)   Each ordinance and resolution shall be read by title only, provided that the Legislative Authority may, by a majority vote of its members, require any reading to be in full.

      (2)   Each ordinance or resolution shall be read on three different days, provided that the Legislative Authority may dispense with this rule by a vote of at least three-fourths of its members.

      (3)   The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.

      (4)   Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of the Legislative Authority.

   (B)   Action by the Legislative Authority, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken.

(R.C. § 731.17) (Rev. 2002)


§ 32.042 STYLE OF ORDINANCES.

   The style of all ordinances shall be: “Be it ordained by the [Legislative Authority] of [municipality], State of Ohio.”

(R.C. § 731.18) (Rev. 2002)


§ 32.043 SUBJECT AND AMENDMENT OF ORDINANCES AND RESOLUTIONS.

   No ordinance or resolution shall contain more than one subject, which shall be clearly expressed in its title. No ordinance or section thereof shall be revived or amended unless the new ordinance contains the entire ordinance or section revived or amended and unless the ordinance or section so amended is repealed. Each such resolution and ordinance shall be adopted or passed by a separate vote of the Legislative Authority and the yeas and nays shall be entered upon the journal.

(R.C. § 731.19) (Rev. 2002)


§ 32.044 AUTHENTICATION AND RECORDING OF ORDINANCES AND RESOLUTIONS.

   Ordinances and resolutions shall be authenticated by the signature of the Presiding Officer and Clerk of Council of the municipality. A succinct summary of ordinances of a general nature or providing for improvements shall be published as provided by §§ 32.045 and 32.047 before going into operation. No ordinance shall take effect until the expiration of ten days after the first publication of the notice. As soon as a resolution or ordinance is passed and signed, it shall be recorded by the Clerk in a book furnished by the Legislative Authority for that purpose.

(R.C. § 731.20) (Rev. 2012)


§ 32.045 PUBLICATION OF ORDINANCES AND RESOLUTIONS; PROOF OF PUBLICATION AND CIRCULATION.

   (A)   (1)   A succinct summary of each municipal ordinance or resolution and all statements, orders, proclamations, notices and reports required by law or ordinance to be published, shall be published using at least one of the following methods:

         (a)   In a newspaper of general circulation in the municipality;

         (b)   On the official public notice web site established under R.C. § 125.182;

         (c)   On the web site and social media account of the municipality.

      (2)   Proof of the publication shall be made by affidavit of the proprietor of the newspaper or the operator of the official public notice web site, as applicable, and shall be filed with the Clerk of the Legislative Authority.

   (B)   The publication shall contain notice that the complete text of each such ordinance or resolution may be obtained or viewed at the office of the Clerk of the Legislative Authority and may be viewed at any other location designated by the Legislative Authority. The Legal Counsel of the municipality shall review the summary of an ordinance or resolution published under this section before forwarding it to the Clerk for publication, to ensure that the summary is legally accurate and sufficient.

   (C)   Upon publication of a summary of an ordinance or resolution in accordance with this section, the Clerk of the Legislative Authority shall supply a copy of the complete text of each such ordinance or resolution to any person, upon request, and may charge a reasonable fee, set by the Legislative Authority, for each copy supplied. The Clerk shall post a copy of the text at the Clerk’s office and at every other location designated by the Legislative Authority.

(R.C. § 731.21) (Rev. 2024)


§ 32.046 NOTICE FOR PROPOSED AMENDMENTS TO THE MUNICIPAL CHARTER.

   In accordance with Section 9 of Article XVIII of the Ohio Constitution, notice of proposed amendments to the municipal Charter, if and when one is adopted by and for the municipality, shall be given in one of the following ways:

   (A)   Not less than 30 days prior to the election at which the amendment is to be submitted to the electors, the Clerk of the municipality shall mail a copy of the proposed Charter amendment to each elector whose name appears upon the poll or registration books of the last regular or general election held therein.

   (B)   The full text of the proposed Charter amendment shall be published once a week for not less than two consecutive weeks in a newspaper of general circulation in the municipality or as provided in R.C. § 7.16, with the first publication being at least 15 days prior to the election at which the amendment is to be submitted to the electors.

(R.C. § 731.211) (Rev. 2012)


§ 32.047 TIMES OF PUBLICATION REQUIRED.

   The publication required in § 32.045 shall be for the following times:

   (A)   Summaries of ordinances or resolutions, and proclamations of elections, once a week for two consecutive weeks;

   (B)   Notices, not less than two nor more than four consecutive weeks;

   (C)   All other matters shall be published once.

(R.C. § 731.22) (Rev. 2024)


§ 32.048 PUBLICATION AND CERTIFICATION OF ORDINANCES IN BOOK FORM.

   (A)   When ordinances are revised, codified, rearranged, published in book form and certified as correct by the Clerk of the Legislative Authority and the Mayor, such publication shall be a sufficient publication, and the ordinances so published, under appropriate titles, chapters and sections, shall be held the same in law as though they had been published in accordance with § 32.045. A new ordinance so published in book form, a summary of which has not been published as required by §§ 32.045 and 32.047 and which contains entirely new matter, shall be published as required by those sections. If the revision or codification is made by the municipality and contains new matter, it shall be a sufficient publication of the codification, including the new matter, to publish, in the manner required by such sections, a notice of the enactment of the codifying ordinance, containing the title of the ordinance and a summary of the new matters covered by it. This revision and codification may be made under appropriate titles, chapters and sections and in one ordinance containing one or more subjects.

   (B)   Except as provided by this section, a succinct summary of all ordinances, including emergency ordinances, shall be published in accordance with § 32.045.

(R.C. § 731.23) (Rev. 2024)


§ 32.049 ADOPTION OF TECHNICAL ORDINANCES AND CODES.

   (A)   The Legislative Authority may adopt standard ordinances and codes, prepared and promulgated by the state, or any department, board or other agency thereof, or any code prepared and promulgated by a public or private organization which publishes a model or standard code, including but not limited to codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing, electricity, buildings, refrigeration machinery, piping, boilers, heating or air conditioning, by incorporation by reference.

   (B)   The publication required by §§ 32.045 through 32.050 shall clearly identify the code, shall state the purpose of the code, shall state that a complete copy of the code is on file with the Clerk of the Legislative Authority for inspection by the public and also on file in the County Law Library and that the Clerk has copies available for distribution to the public at cost. If the Legislative Authority amends or deletes any provision of the code, the publication shall contain a brief summary of the deletion or amendment.

   (C)   If the agency which originally promulgated or published the code thereafter amends the code, the Legislative Authority may adopt such amendment or change by incorporation by reference in an amending ordinance by the same procedure as required for the adoption of the original code, without the necessity of setting forth in full in the amending ordinance the provisions of the original ordinance or code.

   (D)   Ordinances or codes adopted by the municipality under this section shall be deemed to be a full and complete compliance with §§ 32.045 through 32.051, and no other publication is necessary.

(R.C. § 731.231) (Rev. 2024)


§ 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)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. The Council of the Village of Rutland provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly.Hosted by: The Council of the Village of Rutland
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