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Ordinances Recently Adopted by the Riverlea Village Council

The Village of Riverlea recognizing the need for internal regulation adopted the 'Code of Ordinances of the Village of Riverlea.' These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation. This page is intended only to let our residents know of recent ordinances.

Ordinance 07-2009

The Village of Riverlea recognizing the need for internal regulation adopted the 'Code of Ordinances of the Village of Riverlea.' These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation.American Legal Publishing Corporation. This page is intended only to let our residents know of impending and recent ordinances.

An Ordinance to Establish the Office and Duties of a Marshal in the Village

Introduced by Mr. Tettenhorst

WHEREAS, the Council of the Village of Riverlea has determined to contract from time to time with surrounding municipalities or other governmental entities for the provision of law enforcement and protective police services within the Village; and

WHEREAS, the Council has determined that it is desirable that a Village official assist the Mayor in the enforcement of Village traffic, parking, land-use and similar ordinances for which such police officials may also have enforcement authority, as a means of promoting the quality of life in the Village, and to act as a liaison between police, Village officials and residents; and

WHEREAS, the Council of the Village has determined to clarify the duties of the Marshal in the Village, to clarify that such position is not a law enforcement official as envisioned by Ohio Revised Code Section 737.15, but instead exercises executive power within the Village, under the authority of the Mayor pursuant to Ohio Revised Code Section733.23; and for such purpose Council desires to revise the codified ordinances of the Village to more correctly reflect such authority.

Now, Therefore, Be It Ordained by the Council of the Village of Riverlea, State of Ohio

Section l. Revision of Existing Code Sections; Establis Position of Marshal, Duties.

  1. Marshal and Police Chief Not Synonymous. That Riverlea Code Section 34.01 is hereby amended by deleting the current version thereof and replacing it in its entirety with the following:

    § 34.01 MARSHAL AND POLICE CHIEF NOT SYNONYMOUS
    The designation MARSHAL, wherever used in this code, is defined to mean only the executive official established and appointed pursuant to Section 34.02 of this code, and does not mean or include the “marshal” or other similar term utilized by the Ohio Revised Code, or similar law of general statewide application. The designation POLICE CHIEF, wherever used in this code, is defined to mean the sheriff, constable or appointed or acting police chief or other sworn chief law enforcement official of the municipality or other governmental entity with which the Village has contracted for the provision of police services within the Village; and the term POLICE CHIEF shall mean and include the “marshal” or other similar term utilized by the Ohio Revised Code, or similar law of general statewide application.

  2. Appointment of Marshal. That Riverlea Code Section 34.02 is hereby amended by deleting the current version thereof and replacing it in its entirety with the following:

    § 34.02 APPOINTMENT OF MARSHAL
    The municipality shall have a Marshal, appointed by the Mayor with the advice and consent of the Legislative Authority, who shall be a resident of the municipality unless the residence requirement is waived by resolution, and who shall continue in office until the expiration of the then-current term of the Mayor at the time of such appointment, provided, however, that the Mayor may at any time remove the Marshal from office, with or without cause but with the consent of the Legislative Authority. The Marshal shall receive as compensation for his or her services such amounts as shall be established from time to time by action of the Legislative Authority. The Marshal shall have no authority to perform the duties and responsibilities of a marshal established or appointed under O.R.C. §737.15, or other provision of the Ohio Revised Code, or successor statute, and shall not be a law enforcement officer.


  3. Duties of Marshal. That Riverlea Code Section 34.03 is hereby amended by deleting the current version thereof and replacing it in its entirety with the following:

    § 34.03 POWERS AND DUTIES OF MARSHAL.
    The Marshal shall, under the direction and control of the Mayor, have the following responsibilities:
    1. to act as liaison between the Village officials and residents and the police agency providing police protection services within the Village, to report periodically to the Legislative Authority on the activities of such police agency within the Village and to assist the police agency in communication with the Village and its residents;
    2. to inform residents of municipal ordinances applicable to their activities or to properties under their ownership and control, and of perceived violations of such ordinances;
    3. to recommend to the Mayor and Village Council that enforcement activities be undertaken for perceived violations of such ordinances;
    4. to perform such other responsibilities as may be assigned from time to time by this code or other action of the Legislative Authority; and
    5. to assist in the performance of the Mayor's obligations to see that the laws of the Village are enforced, when requested by the Mayor.


  4. Other Provisions. That Riverlea Code Sections 34.04, 34.05, 34.06, 34.07, 34.08, and 34.09 are hereby deleted.
Section 2. The Statutes To Be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Sections 34.01, 34.02 and 34.03, which are amended by Section 1 above, are hereby set forth:
  1. Riverlea Code Section 34.01:

    § 34.01 MARSHAL AND POLICE CHIEF SYNONYMOUS.
    The designation MARSHAL, wherever used in this code, is defined to include the term POLICE CHIEF, and the designation POLICE CHIEF, wherever used in this code, is defined to include the term MARSHAL.


  2. Riverlea Code Section 34.02:

    § 34.02 APPOINTMENT OF MARSHAL.
    1. Each municipality shall have a Marshal or designated Police Chief, appointed by the Mayor with the advice and consent of the Legislative Authority, who need not be a resident of the municipality at the time of appointment, but shall become a resident thereof within 6 months after appointment by the Mayor and confirmation by the Legislative Authority, unless the residence requirement is waived by ordinance, and who shall continue in office until removed therefrom as provided by § 34.06.
    2. No person shall receive an appointment under this section unless, not more than 60 days prior to receiving an appointment, the person has passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of Marshal as established by the Legislative Authority. The appointing authority shall, prior to making any appointment, file with the Ohio police and fire pension fund a copy of the report or findings of this licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for the physical examination shall be paid for by the Legislative Authority. (R.C. § 737.15)


  3. Riverlea Code Section 34.03:

    § 34.03 DEPUTY MARSHALS AND POLICE OFFICERS.
    1. The Mayor shall, when provided for by the Legislative Authority, and subject to its confirmation, appoint all deputy marshals, police officers, night guards, and special police officers. All officers shall continue in office until removed therefrom for the cause and in the manner provided by § 34.08.
    2. No person shall receive an appointment under this section unless the person has, not more than 60 days prior to receiving appointment, passed a physical examination given by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife, showing that the person meets the physical requirements necessary to perform the duties of the position to which the person is to be appointed as established by the Legislative Authority. The appointing authority shall, prior to making any appointment, file with the Ohio police and fire pension fund a copy of the report or findings of the licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. The professional fee for such physical examination shall be paid for by the Legislative Authority. (R.C. § 737.16)


    Section 3. Effective Date. This Ordinance shall be in full force and effect from and after the earliest date permitted by law after its passage.

    Section 4. Open Meetings. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.

    Section 5. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:

    1. The Circle on West Riverglen Drive.
    2. The Ravine Park on West Riverglen Drive.
    3. The Northwest corner of Beverly Place and Dover Court.
    4. Lot 75 on West Riverglen Drive.
    5. Lot 7 on West Southington Avenue.
    Copies of this Ordinance shall be posted continuously in the above-mentioned places for a period of fifteen (l5) days and at the expiration thereof this Ordinance shall become effective.

    Passed this __________day of _________________________,2009.

    John A. Schaer, President of Council

    ATTEST:

    Pamela M. Colwell, Clerk of Council

    Mary Jo Cusack, Mayor

    I hereby certify that on the __________day of_________________________,2009, I posted a copy of the above Ordinance in each of the five places heretofore designated by Council as the most public places in the Village of Riverlea and that the same remained there posted continuously for fifteen (l5) days.

    Pamela M. Colwell, Clerk of Council



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