Ohio Revised Code Search
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Section 737.17 | Probationary period - final appointment.
...All appointments made under sections 737.15 and 737.16 of the Revised Code shall be for a probationary period of six months' continuous service, and none shall be finally made until the appointee has satisfactorily served his probationary period. At the end of the probationary period the mayor shall transmit to the legislative authority of the village a record of such employee's service with his recommendations there... |
Section 737.171 | Procedure for removal of village marshal.
...tion shall be heard at the next regular meeting of the legislative authority occurring not less than five days after the date those charges have been served on the person against whom they are made. The person against whom those charges are filed may appear in person and by counsel at the hearing, examine all witnesses, and answer all charges against that person. At the conclusion of the hearing, the legislative aut... |
Section 737.18 | General powers of village police officers.
...The marshal shall be the peace officer of a village and the executive head, under the mayor, of the police force. The marshal, and the deputy marshals, policemen, or nightwatchmen under him shall have the powers conferred by law upon police officers in all villages of the state, and such other powers, not inconsistent with the nature of their offices, as are conferred by ordinance. A marshal, deputy marshal, or pol... |
Section 737.19 | Powers and duties of village marshal.
... appeal at its next regularly scheduled meeting. The person against whom the judgment has been rendered may appear in person and by counsel at the hearing, examine all witnesses, and answer all charges against that person. At the conclusion of the hearing, the legislative authority may dismiss the charges, uphold the mayor's judgment, or modify the judgment to one of suspension for not more than sixty days, reductio... |
Section 737.20 | Disposition of fines and penalties.
...All fees, costs, fines, and penalties collected by the marshal shall immediately be paid to the mayor, who shall report to the legislative authority of the village monthly the amount thereof, from whom, and for what purpose collected, and when paid to the mayor. |
Section 737.21 | Municipal fire regulations, department, companies, and rescue units.
...The legislative authority of a municipal corporation may establish all necessary regulations to guard against the occurrence of fires, protect the property and lives of its citizens against damage and accidents resulting therefrom, and for such purpose may establish and maintain a fire department, provide for the establishment and organization of fire engine and hose companies and rescue units, establish the hours of... |
Section 737.22 | Appointment of fire chief or fire prevention officer and firefighters.
...(A) Each village establishing a fire department shall have a fire chief as the department's head, appointed by the mayor with the advice and consent of the legislative authority of the village, who shall continue in office until removed from office as provided by sections 733.35 to 733.39 of the Revised Code. Neither this section nor any other section of the Revised Code requires, or shall be construed to require, th... |
Section 737.221 | Criminal records check.
...(A) The fire chief of a village fire department may request the superintendent of BCII to conduct a criminal records check with respect to any person who is under consideration for appointment or employment as a permanent, full-time paid firefighter or any person who is under consideration for appointment as a volunteer firefighter. (B)(1) The fire chief of the village fire department may request that the superinten... |
Section 737.222 | Employee status of volunteer firefighter.
...A volunteer firefighter appointed pursuant to this chapter is a bona fide volunteer and not an employee for purposes of section 513 of the "Patient Protection and Affordable Care Act," 124 Stat. 119 (2010), 26 U.S.C. 4980H, if, for providing those fire protection services, the volunteer receives any of the benefits provided in Chapter 146., 4121., or 4123. or section 9.65, 505.23, 3333.26, 3923.13, or 4113.41 of the ... |
Section 737.23 | Schooling of officers and firemen of fire department.
...The legislative authority of a municipal corporation may send any of the officers and firemen of its fire department to schools of instruction designed to promote the efficiency of firemen, and, if authorized in advance, may pay their necessary expenses from the funds used for the maintenance and operation of such department. |
Section 737.24 | Legislative authority may purchase engines and equipment.
...The legislative authority of a municipal corporation may purchase the necessary fire engines and such other equipment as is necessary for the extinguishment of fires and the saving of lives, and may establish lines of fire alarm telegraph within the limits of the municipal corporation. |
Section 737.25 | Buildings for department.
...nd other equipment, and provide for the meetings of the fire and hose companies. |
Section 737.27 | Investigation of fires.
...The legislative authority of a municipal corporation may invest any officer of the fire or police department with the power, and impose on him the duty, to be present at all fires, investigate the cause thereof, examine witnesses, compel the attendance of witnesses and the production of books and papers, and to do and perform all other acts necessary to the effective discharge of such duties. Such officer may admin... |
Section 737.28 | Erection of houses and business structures - removal.
...The legislative authority of a municipal corporation may regulate the erection of houses and business structures and prohibit the erection of buildings within such limits as it deems proper, unless the outer walls are constructed of noncombustible material, and, on the petition of the owners of not less than two thirds of the ground included in any square or half-square, may prohibit the erection thereon of any build... |
Section 737.29 | Property recovered by police.
...Stolen or other property recovered by members of the police force of a municipal corporation shall be deposited and kept in a place designated by the mayor. Each such article shall be entered in a book kept for that purpose, with the name of the owner, if ascertained, the person from whom taken, the place where found with general circumstances, the date of its receipt, and the name of the officer receiving it. An in... |
Section 737.31 | Disposition to claimant.
...If, within thirty days, the money or property recovered under section 737.29 of the Revised Code is claimed by any other person, it shall be retained by the custodian thereof until after the discharge or conviction of the person from whom it was taken and so long as it is required as evidence in any case in court. If such claimant establishes to the satisfaction of the court that he is the rightful owner, the money o... |
Section 737.32 | Sale or donation of unclaimed property.
...the village, or licensed auctioneer at public auction, after notice of the sale has been provided by publication once a week for three successive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. The proceeds of the sale shall be paid to the treasurer of the municipal corporation and shall be credited to the general fund of the municipal corporation. ... |
Section 737.33 | Expenses of storage and sale - notice.
...Upon the sale of any unclaimed or impounded property as provided in section 737.32 of the Revised Code, if any such unclaimed or impounded property was ordered removed to a place of storage or stored, or both, by or under the direction of a chief of police of municipal corporation or marshal of the village, any expenses or charges for such removal or storage, or both, and costs of sale, provided the same are approved... |
Section 737.37 | Power of legislative authority to regulate.
...may make such regulations pertaining to public buildings as it considers necessary for the public safety. |
Section 737.40 | Voluntary motor vehicle decal registration program.
...am to be controlled by the director of public safety of the municipal corporation and conducted by the police department of the municipal corporation. The legislative authority may establish a fee for participation in the program in an amount sufficient to cover the cost of administering the program and the cost of the decals. (B) Any resident of the municipal corporation may enroll a motor vehicle that he ow... |
Section 737.41 | Municipal probation services fund.
...(A) The legislative authority of a municipal corporation in which is established a municipal court, other than a county-operated municipal court, that has a department of probation shall establish in the municipal treasury a municipal probation services fund. The fund shall contain all moneys paid to the treasurer of the municipal corporation under section 2951.021 of the Revised Code for deposit into the fund. The t... |
Section 4937.05 | Apportionments and assessments against nuclear electric utilities.
... excluding receipts from sales to other public utilities for resale, for the calendar year next preceding that in which the assessments are made, or be made based upon the utility's decommissioning budget for the year of the assessment, if the utility is not engaged in the business of producing electricity using nuclear energy. On or before the first day of October in each year, the board shall notify each such utili... |
Section 4939.01 | Municipal public way definitions.
... than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following: (1) Electric lighting; (2) Specially designed informational or directional signage; (3) Temporary holiday or special event attachments. (F) "Eligible facilities request" has the same meaning as in 47 U.S.C. 1455(a)... |
Section 4939.02 | State policy.
...(A) It is the public policy of this state to do all of the following: (1) Promote the public health, safety, and welfare regarding access to and the occupancy or use of public ways, to protect public and private property, and to promote economic development in this state; (2) Promote the availability of a wide range of utility, communication, and other services to residents of this state at reasonable costs, includ... |
Section 4939.03 | Prohibited conduct concerning public ways.
...(A) No person shall occupy or use a public way except in accordance with law. (B) In occupying or using a public way, no person shall unreasonably compromise the public health, safety, and welfare. (C)(1) No person shall occupy or use a public way without first obtaining, under this section or section 1332.24 or 4939.031 of the Revised Code, any requisite consent of the municipal corporation owning or controlling t... |
Section 4939.031 | Small cell facilities and wireless support structures; Requests for consent from micro wireless facilities.
... in, along, across, upon, and under the public way. An operator shall comply with generally applicable standards that are consistent with this chapter and adopted by a municipal corporation for construction and public safety in a public way. All structures and facilities shall be constructed and maintained so as not to impede or impair public safety or the legal use of the public way by the municipal corporation, the... |
Section 4939.032 | Applications for requests for consent.
...poration that authorizes the use of the public way pursuant to section 4939.03 or 4939.031 of the Revised Code shall include the name of the person who owns or will own the facility or structure. |
Section 4939.033 | Request for consent to collocate.
...es in, along, across, upon, and under a public way. |
Section 4939.036 | [Former R.C. 4939.035, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Tolling of time period for consent.
...(A) The time period required in section 4939.031 of the Revised Code may be tolled only: (1) By mutual agreement between the entity requesting consent and the municipal corporation; (2) In cases where the municipal corporation determines that the application is incomplete; or (3) If the number of requests for consent for small cell facilities or wireless support structures received is likely to result in difficult... |
Section 4939.037 | [Former R.C. 4939.038, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Applicability of regulations.
...Nothing in this chapter precludes a municipal corporation from applying its generally applicable health, safety, and welfare regulations when granting consent for a small cell facility or wireless support structure. |
Section 4939.038 | [Former R.C. 4939.039, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Eligible facilities request.
...Notwithstanding sections 4939.031 to 4939.037 of the Revised Code, a municipal corporation shall approve within sixty days, and may not deny, an eligible facilities request under 47 C.F.R. 1.40001. |
Section 4939.039 | Indemnification for municipalities and officials.
...s or wireless support structures in the public way shall indemnify, protect, defend, and hold the municipal corporation and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any ... |
Section 4939.0311 | Consent not required.
...e following activities conducted in the public way: (1) Routine maintenance of wireless facilities; (2) The replacement of wireless facilities with wireless facilities that are consistent with the municipal corporation's current design guidelines and that are either of the following: (a) Substantially similar to the existing wireless facilities; (b) The same size or smaller than the existing wireless facilities. ... |
Section 4939.0312 | [Former R.C 4939.0313, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Consolidated requests.
...(A) A municipal corporation shall permit a person seeking to construct, modify, collocate, or replace more than one small cell facility or more than one wireless support structure within the jurisdiction of a single municipal corporation to file, at the person's discretion, a consolidated application for consent under section 4939.031 of the Revised Code for up to thirty small cell facilities requests in a single ap... |
Section 4939.0313 | [Former R.C. 4939.0315, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Restrictions on municipal authority.
...ociated wireless support structure in a public way, a municipal corporation shall not do any of the following: (A) Require a person to submit information about, or evaluate a person's business decisions with respect to, the person's service, customer demand, or quality of service to or from a particular area or site as a condition for approval of the request; (B) Require a person to submit information about the nee... |
Section 4939.0314 | Powers of municipality regarding placement of small cell facilities or wireless support structures.
...eight of small cell facilities in areas meeting the following criteria : (a) The area is within three hundred feet of the proposed site for a new wireless support structure in the same public way or a connecting public way, and there are no wireless support structures or utility poles taller than thirty feet in height above ground level; (b) The maximum allowable height for building construction in the underlyin... |
Section 4939.0315 | [Former R.C. 4939.0317, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Moratorium prohibited.
...No municipal corporation may institute a moratorium on the filing, acceptance of filings, consideration, or approval of requests for consent described in section 4939.031 of the Revised Code. |
Section 4939.0316 | Former R.C. 4939.0319, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Fees.
...Any fee charged by a municipal corporation under section 4939.031 of the Revised Code for granting or processing an application for consent shall not exceed a one-time fee of two hundred fifty dollars per small cell facility. Beginning on the effective date of this section, a municipal corporation may adjust this fee ten per cent every five years, rounded to the nearest five dollars. During each five-year period, th... |
Section 4939.0317 | Duration of approval term.
...lly applied permitting to safeguard the public health, safety, and welfare. An operator may remove its small cell facilities at any time subject to applicable work permit requirements and may stop paying annual charges or fees under division (B) of section 4939.0322 of the Revised Code. |
Section 4939.0322 | [Former R.C. 4939.0325, amended and renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Collocation of wireless support structure; reimbursement charges.
...unicipal corporation and located in the public way, provided that the operator comply with any applicable design guidelines under division (C) of section 4939.0314 of the Revised Code and reasonable terms and conditions for such collocations adopted by the municipal corporation that are consistent with the design guidelines and this chapter. The municipal corporation may condition approval of the collocation on repla... |
Section 4939.0323 | [Former R.C. 4939.0327, renumbered by H.B. 478, 132nd General Assembly, effective 8/1/2018] Exclusive agreements.
...A municipal corporation shall not enter into an exclusive arrangement with any entity for the right to attach to the municipal corporation's wireless support structures. |
Section 4939.0329 | Construction, modification, or maintenance of oversized pole or wireless support structure under public way.
...rt structure along, across, and under a public way in excess of the size limits, to the extent permitted by the municipal corporation's applicable regulations. |
Section 4939.04 | Management, regulation, and administration of public ways by municipal corporations.
...) A municipal corporation shall provide public utilities or cable operators with open, comparable, nondiscriminatory, and competitively neutral access to its public ways. (2) Nothing in division (A)(1) of this section prohibits a municipal corporation from establishing priorities for access to or occupancy or use of a public way by a public utility or cable operator when the public way cannot accommodate all public ... |
Section 4939.05 | Levy of public way fees by municipal corporation.
...e right or privilege to occupy or use a public way, and shall not levy a public way fee except in accordance with this section. (B)(1) A municipal corporation may levy different public way fees based upon the amount of public ways occupied or used, the type of utility service provided by a public utility, or any different treatment required by the public health, safety, and welfare. (2) A municipal corporation may ... |
Section 4939.06 | Appeal of levy of public way fee.
...(A) If a public utility does not accept a public way fee levied against it pursuant to the enactment of an ordinance by a municipal corporation, the public utility may appeal the public way fee to the public utilities commission. The appeal shall be made by filing a complaint that the amount of a public way fee, any related classification of public way occupants or users, or the assignment or allocation of costs to t... |
Section 4939.07 | Application to recover fees and costs.
...e date of any final order issued by the public utilities commission under this section. (B)(1) Notwithstanding any other provision of law or any agreement establishing price caps, rate freezes, or rate increase moratoria, a public utility subject to the rate-making jurisdiction of the commission may file an application with the commission for, and the commission shall then authorize by order, timely and full recove... |