101.06 CONFLICTING PROVISIONS.

101.06 CONFLICTING PROVISIONS.

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
TITLE ONE - General Provisions
CHAPTER 101 Codified Ordinances
101.01 DESIGNATION; CITATION; HEADINGS.
101.02 GENERAL DEFINITIONS.
101.03 RULES OF CONSTRUCTION.
101.04 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.
101.05 CONSTRUCTION OF SECTION REFERENCES.
101.06 CONFLICTING PROVISIONS.
101.07 DETERMINATION OF LEGISLATIVE INTENT.
101.08 SEVERABILITY.
101.99 GENERAL PENALTY.
CHAPTER 103 Official Standards
CHAPTER 105 Wards and Boundaries
TITLE THREE - Legislative
TITLE FIVE - Administrative
TITLE SEVEN - Judicial
TITLE NINE - Taxation
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
101.06 CONFLICTING PROVISIONS.
CHAPTER 101 Codified Ordinances
101.03 RULES OF CONSTRUCTION.
   (a)   Common and Technical Usage. 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. (ORC 1.42)
   (b)   Singular and Plural; Gender; Tense. As used in the Codified Ordinances, unless the context otherwise requires:
      (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. (ORC 1.43)
   (c)   Calendar; Computation of Time.
      (1)   Definitions.
         A.   "Week" means seven consecutive days.
         B.   "Year" means twelve consecutive months. (ORC 1.44)
      (2)   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. (ORC 1.45)
      (3)   A.   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 the next succeeding day that is not a Sunday or a legal holiday.
         B.   When a public office, in which an act required by law is to be performed, is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday.
         C.   As used in subsections (c)(1) and (c)(2) of this section, legal holiday means the following days:
            1.   The first day of January, known as New Year’s Day;
            2.   The third Monday in January, known as Martin Luther King, Jr. Day;
            3.   The third Monday in February, known as Washington-Lincoln Day;
            4.   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;
            5.   The nineteenth day of June, known as Juneteenth day;
            6.   The fourth day of July, known as Independence Day;
            7.   The first Monday in September, known as Labor Day;
            8.   The second Monday in October, known as Columbus Day;
            9.   The eleventh day of November, known as Veteran’s Day;
            10.   The fourth Thursday in November, known as Thanksgiving Day;
            11.   The twenty-fifth day of December, known as Christmas Day; and
            12.   Any day appointed and recommended by the Governor of this state or the President of the United States as a holiday.
         D.   If any day designated in this section as a legal holiday falls on a Sunday, the next succeeding day is a legal holiday.
            (ORC 1.14)
      (4)   When legislation is to take effect or become operative from and after a day named, no part of that day shall be included. (ORC 1.15)
      (5)   In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.
   (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.
101.04 REVIVOR; EFFECT OF AMENDMENT OR REPEAL.
   (a)   The repeal of a repealing ordinance does not revive the ordinance originally repealed nor impair the effect of any saving clause therein. (ORC 1.57)
   (b)   An ordinance which is re-enacted or amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
(ORC 1.54)
   (c)   The re-enactment, amendment or repeal of an ordinance does not, except as provided in subsection (d) hereof:
      (1)   Affect the prior operation of the ordinance 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 in respect thereto, prior to the amendment or repeal;
      (4)   Affect any investigation, proceeding or remedy in respect of 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 ordinance had not been repealed or amended.
   (d)   If the penalty, forfeiture or punishment for any offense is reduced by a re-enactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended. (ORC 1.58)
101.05 CONSTRUCTION OF SECTION REFERENCES.
   (a)   A reference to any portion of the Codified Ordinances applies to all re-enactments or amendments thereof. (ORC 1.55)
   (b)   If a section refers to a series of numbers or letters, the first and the last numbers or letters are included. (ORC 1.56)
   (c)   Wherever in a penalty section reference is made to a violation of a series of sections or of subsections of a section, such reference shall be construed to mean a violation of any section or subsection included in such reference.
   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.
(ORC 1.23)
101.06 CONFLICTING PROVISIONS.
   (a)   If there is a conflict between figures and words in expressing a number, the words govern. (ORC 1.46)
   (b)   If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail. (ORC 1.51)
   (c)   (1)   If ordinances enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails.
      (2)   If amendments to the same ordinance are enacted at different meetings of Council, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are substantively irreconcilable, the latest in date of enactment prevails. The fact that a later amendment restates language deleted by an earlier amendment, or fails to include language inserted by an earlier amendment, does not of itself make the amendments irreconcilable. Amendments are irreconcilable only when changes made by each cannot reasonably be put into simultaneous operation. (ORC 1.52)
101.07 DETERMINATION OF LEGISLATIVE INTENT.
   (a)   In enacting an ordinance, it is presumed that:
      (1)   Compliance with the constitutions of the State and of the United States is intended;
      (2)   The entire ordinance is intended to be effective;
      (3)   A just and reasonable result is intended;
      (4)   A result feasible of execution is intended. (ORC 1.47)
   (b)   An ordinance is presumed to be prospective in its operation unless expressly made retrospective. (ORC 1.48)
   (c)   If an ordinance is ambiguous, the court, in determining the intention of Council may consider among other matters:
      (1)   The object sought to be attained;
      (2)   The circumstances under which the ordinance 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;
      (6)   The administrative construction of the ordinance. (ORC 1.49)
101.08 SEVERABILITY.
   If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the 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 severable. (ORC 1.50)
101.99 GENERAL PENALTY.
   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 punished by a fine not exceeding one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation continues or occurs.

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. American Legal Publishing 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 or contact American Legal Publishing toll-free at 800-445-5588.

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Detected legislative history

• Ordinances of Sheffield Lake, OH
• ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
• ORDINANCE NO. 116-84
• ORDINANCES OF SHEFFIELD LAKE
• Ordinances
• ords and phrases shall be read in context and construed according to the rules of grammar and common usage
• ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly
• Ordinances, unless the context otherwise requires:
• ords of one gender include the other genders
• ords in the present tense include the future
• amended, for the commemoration of Memorial Day;
• ords 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 person
• ordinance does not revive the ordinance originally repealed nor impair the effect of any saving clause therein
• ordinance which is re-enacted or amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance
• ordinance does not, except as provided in subsection (d) hereof:
• ordinance or any prior action taken thereunder;
• orded or incurred thereunder;
• ordinance had not been repealed or amended
• ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended
• Ordinances applies to all re-enactments or amendments thereof
• 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 w
• ords in expressing a number, the words govern
• ordinances enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails
• ordinance are enacted at different meetings of Council, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each
• ordinance, it is presumed that:
• ordinance is intended to be effective;
• ordinance is presumed to be prospective in its operation unless expressly made retrospective
• ordinance is ambiguous, the court, in determining the intention of Council may consider among other matters:
• ordinance was enacted;
• ordinance. (ORC 1
• Ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections w
• 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
• Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
• Ordinances should be consulted prior to any action being taken
• Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588

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