reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.19 | Petition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each application for the exchange of lots under section 721.18 of the Revised Code shall be by petition verified by the mayor. The board of education of the municipal corporation and such other persons as the court of common pleas orders shall be made party defendants. The petition shall set forth an accurate description of each lot proposed to be given or taken in exchange, the specific circumstances which render the exchange necessary, and a prayer for such order as is required.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.20 | Notice of Petition to Be Published.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Notice of the filing, pendency, and prayer of the petition provided for by section 721.19 of the Revised Code shall be published for four consecutive weeks or as provided in section 7.16 of the Revised Code, prior to the day of hearing, in a newspaper of general circulation in such municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.21 | Hearing and Order.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, upon the hearing of the petition provided for in section 721.19 of the Revised Code, it appears to the court of common pleas that notice of the filing, pendency, and prayer thereof has been given as provided by section 721.20 of the Revised Code, and that an exchange of lots is necessary and will promote the interests of the schools, and that such an order would not be inconsistent with the terms of the original grant or device, the court shall authorize the exchange to be made, and order the mayor of the municipal corporation to execute and deliver such deed, in fee simple, as is necessary to effect the exchange.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.22 | Transfer and Lease of Property by Municipal Corporation for Library Purposes.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A municipal corporation may, by ordinance, transfer, lease, or permit the use of any property, real or personal, suitable for library purposes, to the board of trustees of any free public library or any library association rendering free library service to the inhabitants of the municipal corporation, upon such lawful terms as are agreed upon between the municipal corporation and the trustees of such library or library association.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.24 | Realty for School Farms.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A municipal corporation may, by ordinance, sell or lease any real property, suitable for school farms, upon which it has acquired, established, erected, or maintained or may acquire, establish, erect, or maintain correctional institutions, houses of refuge, or like institutions, together with any personal property suitable for school farms, to any board of education upon such lawful terms as are agreed to between the municipal corporation and the board of education.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.25 | Boards of Education May Acquire Realty for School Farms.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Boards of education may acquire, lease, and maintain real property as provided by section 721.24 of the Revised Code, either within or without the school district of such board. When such property is conveyed it shall be under the control and supervision of the board of education, and all the powers, duties, and jurisdiction, relative to such institutions, vested in such municipal corporation or any officer thereof, shall be terminated and abolished. No advertisement of the ordinance or other legislative proceeding for the sale or lease of such property is required.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.26 | Conveyance or Exchange of Land by Municipal Corporation to the United States.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any municipal corporation may sell, lease, or dedicate any land owned or acquired by it, to the United States for use by the United States public health service, or it may trade or exchange such property for property owned by the United States. Any such sale, lease, dedication, or exchange shall be authorized by ordinance of the legislative authority of such municipal corporation, approved by a two-thirds vote of all members elected thereto. Such ordinance shall authorize the mayor and clerk or other designated official of the municipal corporation to execute and deliver the necessary deed without advertising as required by section 721.03 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.27 | Transfer, Lease or Conveyance of Hospital Property by Municipal Corporation to County.

Effective:
April 27, 2005
Latest Legislation:
Senate Bill 222 - 125th General Assembly
(A) The actions specified in division (B) of this section may be taken without competitive bidding as required by sections 721.03 and 721.15 of the Revised Code.
(B) A municipal corporation may, by ordinance, authorize the transfer, lease, or conveyance of any real property, upon which it has acquired, established, erected, or maintained a hospital, together with any personal property suitable for such hospital, to either of the following:
(1) A board of county commissioners, upon such lawful terms as are agreed upon between the municipal corporation and the board of county commissioners;
(2) Any person for purposes of providing medical services other than hospital services, if the municipal corporation determines that the transfer, lease, or conveyance is reasonably related to the proper operation of the hospital.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.28 | Contracts for Urban Redevelopment or Urban Renewal.

Effective:
September 11, 1961
Latest Legislation:
Senate Bill 490 - 104th General Assembly
The legislative authority of a municipal corporation may authorize the transfer, lease, or conveyance of any real property in accordance with and for the purposes of a plan adopted by the legislative authority for urban redevelopment or urban renewal upon such lawful terms and conditions and in such manner as are prescribed by the legislative authority, without competitive bidding as required by section 721.03 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 721 | Sale or Lease of Property › Section 721.29 | Sale of Real Estate Without Bidding.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The legislative authority of a city may sell to a board of county commissioners real estate belonging to the city that is no longer needed for city purposes upon such lawful terms as are agreed upon between the city and the board of county commissioners, without competitive bidding as required by section 721.03 of the Revised Code. No such sale shall be made unless the contract for the sale is authorized by ordinance, approved by a two-thirds vote of the members of the legislative authority of the city, and by the board or officer having supervision or management of the real estate.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.01 | Legislative Authority to Have Care, Supervision, and Control of Public Roads, Grounds and Bridges.

Effective:
April 9, 2003
Latest Legislation:
Senate Bill 106 - 124th General Assembly
Municipal corporations shall have special power to regulate the use of the streets. Except as provided in section 5501.49 of the Revised Code, the legislative authority of a municipal corporation shall have the care, supervision, and control of the public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts within the municipal corporation. The liability or immunity from liability of a municipal corporation for injury, death, or loss to person or property allegedly caused by a failure to perform the responsibilities imposed by this section shall be determined pursuant to divisions (A) and (B)(3) of section 2744.02 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.011 | Control of Sidewalks, Curbs, and Gutters.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
The legislative authority of a municipal corporation, in addition to the powers conferred by sections 729.01 to 729.10, inclusive, of the Revised Code, may require, by ordinance, by the imposition of suitable penalties or otherwise, that the owners and occupants of abutting lots and lands shall keep the sidewalks, curbs, and gutters in repair and free from snow or any nuisance.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.012 | Wooden Flagpole Along Right-of-Way.

Effective:
July 21, 1976
Latest Legislation:
House Bill 558 - 111th General Assembly
A property owner in a municipal corporation may install a wooden flagpole in a sidewalk or sodded area, for displaying the American flag only, between the sidewalk and curb along the right-of-way of any public street or highway adjacent to his property. A property owner may also install underground lighting for the display of the flag. Installation of the flagpole and holder shall meet the following specifications:
(A) The flagpole holder shall be embedded in concrete, flush with the sidewalk or sodded area, and possess a cap or cover which shall be used when the holder is not used for the purpose of displaying the American flag;
(B) The holder shall not exceed two inches in diameter and shall be installed not less than one foot from the curb;
(C) Underground lighting for the flagpole shall be situated within a reasonable distance to the holder and meet all underwriter's requirements governing installation. The highest part of the lighting fixture shall at all times be flush with the sidewalk or sodded area in which it is embedded;
(D) At no time shall the flag, flagpole, or holder limit or restrict the view of pedestrian or vehicular traffic, nor shall a flag, flagpole, or holder be installed that comes in physical contact, or is likely to come in physical contact, with overhead wiring.
A municipal corporation may require the issuance of a permit for installation of flagpoles but shall not charge the property owner a permit fee or an inspection fee in excess of one dollar per installation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.02 | Opening Streets.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may open, straighten, alter, divert, narrow, or widen any street, alley, or public highway within the limits of the municipal corporation. The legislative authority shall provide for such improvement by ordinance, which shall briefly and in general terms describe the part of the street, alley, or public highway to be abandoned by reason of such change, and the property to be appropriated for such purposes. The proceeding for such appropriation shall be as provided by sections 719.01 to 719.21, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.03 | Dedication of Streets - Acceptance by Legislative Authority.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A street or alley, dedicated to public use by the proprietor of ground in any municipal corporation, shall not be a public street or alley, or under the care or control of the legislative authority of such municipal corporation, unless the dedication is accepted and confirmed by an ordinance specially passed for such purpose.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.04 | Change of Name, Vacating, or Narrowing Streets on Petition.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The legislative authority of a municipal corporation, on petition by a person owning a lot in the municipal corporation praying that a street or alley in the immediate vicinity of such lot be vacated or narrowed, or the name thereof changed, upon hearing, and upon being satisfied that there is good cause for such change of name, vacation, or narrowing, that it will not be detrimental to the general interest, and that it should be made, may, by ordinance, declare such street or alley vacated, narrowed, or the name thereof changed. The legislative authority may include in one ordinance the change of name, vacation, or narrowing of more than one street, avenue, or alley. The original ordinance or a certified copy thereof shall be recorded in the official records of the county recorder.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.041 | Permanent Easement in Vacated Street for Public Utility Facilities.

Effective:
October 16, 1961
Latest Legislation:
Senate Bill 412 - 104th General Assembly
When any street, alley, or public highway, or a portion thereof, is vacated or narrowed by a municipality pursuant to the provisions of any section of Chapter 723. of the Revised Code, and the relocation of any conduits, cables, wires, towers, poles, sewer lines, steam lines, pipelines, gas and water lines, tracks, or other equipment or appliances of any railroad or public utility, whether owned privately or by any governmental authority, located on, over, or under the portion of the street, alley, or highway affected by such vacation or narrowing, is not required for purposes of the municipality, including urban renewal, any affected railroad or public utility shall be deemed to have a permanent easement in such vacated portion or excess portion of such street, alley, or highway for the purpose of maintaining, operating, renewing, reconstructing, and removing said utility facilities and for purposes of access to said facilities.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.05 | Change of Name, Vacating, or Narrowing Streets Without Petition.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The legislative authority of a municipal corporation may, when there are two or more streets, avenues, or alleys of the same name in the municipal corporation, by ordinance and without petition therefor, change the name of any such street, avenue, or alley so as to leave only one to be designated by the original name.
When, in the opinion of the legislative authority, there is good cause for vacating or narrowing a street or alley, or any part thereof, and that such vacation or narrowing will not be detrimental to the general interest, it may, by ordinance and without petition therefor, vacate or narrow such street or alley or any part thereof. The original ordinance or a certified copy thereof shall be recorded in the official records of the county recorder.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.06 | Notice Not Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Notice of the intention of the legislative authority of a municipal corporation to vacate any street, alley, avenue, or part thereof shall be given as provided in section 723.07 of the Revised Code, except when written consent to such vacation is filed with the legislative authority by the owners of the property abutting the part of the street or alley proposed to be vacated, in which case such notice shall not be required.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.07 | Notice of Application to Be Published.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
No street or alley shall be vacated or narrowed unless notice of the pendency and prayer of the petition under section 723.04 of the Revised Code is given by publishing, in a newspaper of general circulation in such municipal corporation, for six consecutive weeks preceding action on such petition, or as provided in section 7.16 of the Revised Code preceding action on the petition. Where no newspaper is of general circulation in the municipal corporation, notice shall be given by posting the notice in three public places therein six weeks preceding such action. Action thereon shall take place within three months after the completion of the notice.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.08 | Effect of Order of Vacation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The order of a legislative authority of a municipal corporation vacating or narrowing a street or alley which has been dedicated to public use by the proprietor thereof, shall, to the extent to which it is vacated or narrowed, operate as a revocation of the acceptance thereof by the legislative authority, but the right of way and easement therein of any lot owner shall not be impaired by such order.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.09 | Vacation or Establishment of Street or Alley by Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The court of common pleas may, upon petition filed in such court by any person owning a lot in a municipal corporation, for the establishment or vacation of a street or alley in the immediate vicinity of such lot, upon hearing, and upon being satisfied that it will conduce to the general interests of such municipal corporation, declare such street or alley established or vacated, but this method shall be in addition to those prescribed in sections 723.04 to 723.08, inclusive, and section 723.02 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.10 | Notice of Petition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Notice of the pendency, object, and prayer of a petition for the vacation or establishment of a street or alley under section 723.09 of the Revised Code shall be served upon the municipal corporation in the manner provided by law for the service of summons and shall be given by publication in a newspaper of general circulation in the county in which such street or alley is located, for four consecutive weeks, on the same day of the week. The cause may be heard and determined at any time after the expiration of ten days from the date of last publication.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.11 | Hearing of Adverse Claims.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a person, other than a petitioner under section 723.09 of the Revised Code, owning a lot in the immediate vicinity of a street or alley prayed to be vacated or established, claims that he will sustain damage thereby, the court of common pleas may proceed to hear proof in reference thereto and may render judgment against the petitioners for such damages as it thinks just, which damages shall be assessed ratably against the petitioners by the court according to the value of the property owned by them as it stands taxed on the tax list of the county, and a jury may be demanded as in other cases. The court shall, when necessary, appoint a guardian ad litem for all minors or persons of unsound mind who are interested in the premises.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.12 | Street Not to Be Closed Until Damages Paid.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A street or alley declared vacated under section 723.09 of the Revised Code, shall not be closed or obstructed until the damages assessed under section 723.11 of the Revised Code have been fully paid to the persons entitled to them.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.13 | Municipal Corporations May Construct or Repair Viaduct - Bonds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the legislative authority of a municipal corporation has determined to issue bonds for the purpose of constructing or repairing any viaduct over any street, stream, railway tracks, or other place where an overhead roadway or footway is deemed necessary as provided by law, or when such legislative authority has determined to purchase or condemn, or when a municipal corporation has purchased or condemned, land for the purpose of constructing or repairing a viaduct, the municipal corporation may construct or repair such viaduct and purchase or condemn the necessary land therefor, and the money arising from the sale of any of the bonds so issued shall be expended as provided in section 723.14 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.14 | Expenditure of Construction or Repair Funds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All funds arising from the sale of bonds for the construction or repair of viaducts of a municipal corporation, or for the purchase or condemnation of land for such purpose, shall be paid into the treasury of the municipal corporation and paid out and expended upon the vouchers of the board or officer having charge of the repair of public roads or streets. Contracts for such improvements shall be made in the same manner as other contracts are required to be made. Vouchers to pay such contracts or any portion of the cost of such improvements shall be drawn by such board or officer upon the auditor or clerk of the municipal corporation, who shall keep an accurate account of moneys so expended.
The funds created by the sale of bonds for viaduct purposes shall be known as the "viaduct fund."
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.15 | Proceeds of Bond Issue When Authorized by Election.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the voters of a municipal corporation determine to issue bonds for the construction or repair of viaducts, or for the purchase or condemnation of the land necessary therefor, the authority to make the improvement is hereby conferred and the money arising from the sale of the bonds shall be expended in the same manner as provided in section 723.14 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.16 | Owner Defined.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
"Owner," as used in sections 723.17 to 723.31, inclusive, of the Revised Code, includes the legal or equitable owner, the person in whose name the property may be assessed for taxation on the tax duplicate, a tenant giving satisfactory guaranty that the assessment against the property signed for will be paid, or the board of education having the control of any school property.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.17 | Petition for Sprinkling Streets.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation, upon the petition of thirty-five per cent of the electors in such municipal corporation, certified by the mayor thereof to the legislative authority, may, by ordinance, provided for sprinkling with water any part of the streets, avenues, squares, and public places within the municipal corporation in the manner provided by sections 723.18 to 723.20, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.18 | Sprinkling Ordinance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The ordinance of a municipal corporation under section 723.17 of the Revised Code, to provide for sprinkling, shall not become operative unless it has received the affirmative votes of two thirds of the members elected to the legislative authority of such municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.19 | Procurement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the certification of the petition and the passage of the ordinance as provided in sections 723.17 and 723.18 of the Revised Code, the board or officer having charge of the repair of streets in the municipal corporation may purchase the appliances and materials and employ the labor necessary to provide for sprinkling, or make contracts for all or any part thereof for periods not exceeding five years.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.20 | Tax Levy for Sprinkling - Street Railway Companies to Pay Portion of Cost.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
To provide a fund to pay the cost of the sprinkling under sections 723.17 to 723.19, inclusive, of the Revised Code, the board or officer having charge of the repair of streets in the municipal corporation, each year, may estimate the cost thereof and cause a tax to be levied for such purpose upon the general tax duplicate of the municipal corporation, in the same manner and subject to the same conditions as other levies for municipal purposes, except that the levy may be in addition to the amount authorized for municipal purposes. Upon such estimate, the levy shall be made by the legislative authority of the municipal corporation. Street railway companies operating within such municipal corporation shall annually pay into the treasury of the municipal corporation one cent per lineal foot of track upon sprinkled streets as their part of the cost of such sprinkling.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.21 | Legislative Authority May Require Street Railway Company to Sprinkle Its Right of Way.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may, by resolution, require any interurban or street railway company to sprinkle with water its right of way on any street, alley, or public highway, or any portion thereof lying within the limits of the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.22 | Municipal Corporation May Contract for Sprinkling.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon failure of any interurban or street railway company after sixty days' notice to the person having charge or management of such company in such municipal corporation to comply with the resolution referred to by section 723.21 of the Revised Code, a municipal corporation may sprinkle or contract therefor through its proper officials in accordance with the laws relating to contracts, and the cost thereof shall be charged against such company and shall be a lien upon all the real estate and leasehold interest of the company within the county in which such municipal corporation is situated. Such charge and cost together with a forfeiture of twenty-five dollars for each day of failure on the part of such company to sprinkle as required, may be collected in any court of competent jurisdiction, or the lien may be enforced in the manner provided by law.
All charges, costs, and forfeitures collected under this section shall be paid into the general fund of the municipal corporation, to be disposed of as the legislative authority thereof directs.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.23 | Surface Treatment of Streets.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Municipal corporations may treat the surface of streets, alleys, squares, and public roadways with calcium chloride, road oil, light coal tar products, light asphalts, or any other suitable light bituminous substances for the purpose of providing a temporary improvement in laying the dust on and preserving such surface. If it is desired by the legislative authority of a city to have such work performed by contract, such city shall proceed in accordance with sections 735.05 to 735.09, inclusive, of the Revised Code, and, in case of a charter city, pursuant to its charter.
For the purpose of this section necessary repairs to the streets of any village, the total cost of which is not more than one thousand dollars, shall be deemed as necessary for emergency repairs. The legislative authority of such village may authorize the making of all emergency repairs on all streets, bridges, and culverts in the village, and the village shall keep a supply of material on hand at all times for the purpose of making such repairs. Upon report to such legislative authority of any street needing immediate attention, the legislative authority shall, if it deems it an emergency repair, proceed at once to authorize such repairs by force account, without preparing plans, specifications, estimates of cost, or forms of contract.
The legislative authority of any such village may appropriate a sum of money each year sufficient to enable the village to carry out this section. Such sum shall constitute the "village emergency repair fund." All expenses incurred in employing extra help or in purchasing materials used in such repairs shall be paid from such fund on vouchers signed by the village clerk.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.31 | Treatment With Oil Regarded as a Cleaning and Repairing of Streets and Alleys.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The treatment with road oil, calcium chloride, light coal tar products, light asphalt, or light bituminous substances as provided by section 723.23 of the Revised Code shall be regarded as a cleaning and repairing of streets and alleys, and the municipal corporation's portion of the cost thereof may be paid from any fund available for the cleaning and repairing of streets or alleys. When the roadways of a public park are ordered to be so treated, the cost thereof may be paid from any fund available for the care or maintenance of such parks.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.32 | Surface Treatment and Sprinkling of Streets by Board of Education.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any board of education may provide by private contract for sprinkling with water, or treatment with any of the substances mentioned in section 723.23 of the Revised Code, of the surface of any street abutting on school property, and pay for such work the same as other contingent expenses.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.33 | Legislative Authority May Require Bridge or Railway to Be Lighted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation, when it deems it necessary to have a bridge or railways, or any part thereof, located in whole or in part in the municipal corporation, and owned, possessed, or operated by an individual, company, association, or corporation, lighted, shall pass an ordinance for that purpose requiring such individual, company, association, or corporation to light such bridge or railway within a specified time, but it shall not require such railway or portion thereof to be lighted with electric arc lights.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.34 | Specifications in Lighting Ordinance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The ordinance mentioned in section 723.33 of the Revised Code shall specify the manner in which the bridge or railway shall be lighted, the number and style of lamp posts, gas posts, electric lights, or other lights and fixtures, and the time such lights shall be kept burning in each twenty-four hours. No such lights, poles, or fixtures, or any lights, poles, or fixtures located by any municipal corporation on its streets, alleys, or public grounds shall be required to be so placed as to interfere with a clear view of any fixed signal used in the operation of such railway from the points thereon where a clear view is required for safe operation. All lights, poles, or fixtures placed so as to interfere with such clear view shall, within a reasonable time, be relocated. This section does not excuse any railway company from lighting its bridges and tracks when required to do so, or from paying any reasonable assessment or charge therefor.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.35 | Notice of Lighting Requirement Shall Be Given.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Notice of the requirement that a bridge or railway be lighted shall be given at least twenty days before any forfeiture or charge is imposed for default, and such notice may be given by delivering a written or printed copy of the ordinance to an owner or part owner, or any person having possession, charge or management of such bridge or railway. When such ordinance requires the lighting of a railway, service of such written or printed copy of the ordinance upon a ticket or freight agent of the railway company in such municipal corporation, and, if there is no such ticket or freight agent, upon any ticket or freight agent of the company in the county in which the municipal corporation is located, shall be sufficient, and shall charge the person, company, corporation, or partnership owning or operating such railway with notice of the passage of the ordinance and the requirements thereof.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.36 | Procedure on Failure of Owner to Light Bridge or Railway.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the person, company, or corporation, owning, possessing, or operating a railway or bridge, neglects or fails to provide lighting in conformity with the ordinance under section 723.34 of the Revised Code for twenty days after notice under section 723.35 of the Revised Code, the legislative authority of the municipal corporation may immediately cause the lighting to be done at the expense of such person, company, or corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.37 | Assessment for Expense of Lighting.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may direct the manner in which the expense of lighting a bridge or railway shall be assessed and collected. When so assessed, the amount shall be a debt due against and payable by the person, company, or corporation owning, possessing, or operating such bridge or railway, and shall be a lien, to be enforced as any other lien, on such bridge and the land on which it is built, or upon the real estate of the railway company or leasehold interest within the county in which such municipal corporation is located.
The charge for the expense of such lighting may be collected or the lien enforced in the manner provided for the assessment of damages and expenses for making public improvements.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.38 | Terms of Construction and Operation of Street Railway Fixed by Legislative Authority.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No corporation or individual shall perform any work in the construction of a street railway until application for permission is made in writing to the legislative authority of the municipal corporation, and until such legislative authority, by ordinance, has granted permission and prescribed the terms upon and the manner in which such railway shall be constructed and operated, and the streets and alleys to be used and occupied therefor. The legislative authority may renew any such grant at its expiration upon such conditions as are considered conducive to the public interest.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.39 | Notice Required of Application to Establish Street Railway Route.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Nothing mentioned in section 723.38 of the Revised Code shall be done, no ordinance or resolution to establish or define a street railway route shall be passed, no action inviting proposals to construct and operate such railway shall be taken by the legislative authority of a municipal corporation, and no ordinance for the purpose specified in such section shall be passed, until public notice of the application therefor has been given by the clerk of such legislative authority, once a week for at least three consecutive weeks in one or more of the daily papers published in such municipal corporation, if there be such, and if not, then in one or more weekly papers published therein.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.40 | Consent of Property Owners Necessary.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No grant for the construction of a street railway under section 723.38 of the Revised Code shall be made, except to the corporation or individual that agrees to carry passengers upon such proposed railway at the lowest rates of fare, and has previously obtained the written consent of a majority of the property holders upon each street or part thereof, on the line of the proposed railway, as represented by the foot frontage of the property abutting on the several streets along which such railway is proposed to be constructed. When, within the year preceding, a street railway has been operated upon such street or part thereof under a grant or renewal of a grant which has expired or will expire within two years, it shall not be necessary to obtain the consent of the property holders abutting thereon if the number of tracks on the street, public way, or part thereof, is not increased beyond the number for which consent was originally obtained.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.41 | Grant Not Valid for More Than Twenty-Five Years.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No grant or renewal of a grant for the construction or operation of a street railway shall be valid for a greater period than twenty-five years from the date of such grant or renewal, and after such grant or renewal is made, whether by special or general ordinance, the municipal corporation shall not, during the term of the grant or renewal, release the grantee from any obligation or liability imposed by the terms of such grant or renewal.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.42 | Grade of Streets When Street Railway Is Constructed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before a street railway is constructed on any street less than sixty feet in width, with a roadway of thirty-five feet or under, the legislative authority of a municipal corporation shall provide that the crown of the street shall be made a nearly flat uniform curve from curb to curb, without ditch gutters, and in such manner as to give wheeled vehicles the full use of the roadway up to the face of the curb. When the tracks of two street railways, or of a street railway and a railroad, cross each other at a convenient grade on a street, such crossings shall be made with crossing-frogs of the most approved pattern and materials, and shall be kept in repair at the joint expense of the companies owning such tracks.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.43 | Pavement of Streets Where Railways Are Constructed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may require any part of the track between the rails of any street railway constructed within the municipal corporation limits to be paved with stone, gravel, boulders, or wooden or asphaltic pavement, but beyond such limits paving between the rails with stone, boulders, or wooden or asphaltic pavement shall not be required.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.431 | Removal or Repair of Street Railway.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
At the time of or subsequent to the adoption by the legislative authority of a municipal corporation of a resolution declaring it necessary to improve, pave, repave, surface, or resurface a street or other public thoroughfare, in which are located rails, ties, roadbed, or tracks owned or operated by a street railway company which have become worn out or defective, such legislative authority may by resolution declare the necessity of requiring such company, at the time the street or thoroughfare is torn up for such improvement to remove, renew, replace, repair, or reconstruct the rails, ties, roadbed, and tracks therein in accordance with the plans and specifications prepared by the engineer of such municipal corporation. Such plans and specifications, together with the engineer's estimate of the cost shall be on file and open to public inspection in the office of the clerk of the legislative authority.
A certified copy of such resolution, together with a written notice setting forth the time in which the company may file objections shall be sent to the company by certified mail. Such objections shall be heard by the legislative authority at the next regular meeting and the decision of the legislative authority shall be final.
If such objections are filed, and after holding such hearing, the legislative authority may, by ordinance, order and require that at the time at which the street or other public thoroughfare is torn up for such improvement, paving, repaving, surfacing, or resurfacing, the company owning or operating such rails, ties, roadbed, and tracks shall renew, replace, reconstruct, or repair them in accordance with the plans and specifications. Any modifications or corrections thereof that are made by the legislative authority and a certified copy of such ordinance shall be sent to such company by certified mail.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.44 | Extension of Street Railway May Be Granted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may grant permission, by ordinance, to any corporation, individual, or company, owning or having the right to construct a street railway, to extend the track, subject to the laws relating to the construction, operation and extension of street railways, within or without, or partly within or without any municipal corporation, on any street where the legislative authority deems such extension beneficial to the public. The charge for carrying passengers on such extended railway and its connections made with any other railway, by consolidation, shall not be increased by reason of such extension or consolidation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.45 | Franchises to Interurban Railways for the Purpose of Securing Terminals.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may grant a franchise upon such terms as it prescribes for the building of any interurban railway having, constructing, or building ten miles or more of track outside of such municipal corporation, to any company using electric or other motive power, except steam, for the purpose of securing to such company access to or terminals within the municipal corporation. The legislative authority may authorize such company to build and construct tracks and to operate cars thereon, on any street, or parts of streets, of such municipal corporation, upon which tracks have not already been laid and where the consent of the owners of a majority foot frontage has already been obtained by such company.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.46 | Condemnation Proceedings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may permit an interurban railway company referred to in section 723.45 of the Revised Code to make use of the tracks or parts of the tracks of any existing street railway company within the limits of the municipal corporation by agreement with such existing company. If no such agreement can be arrived at, the interurban company may be authorized by such legislative authority to condemn the right to make use of the tracks of such existing street railway company, upon the payment of proper compensation. But the interurban company shall be permitted to condemn and make use of not more than one eighth of the trackage of such existing street railway company within the municipal corporation, or so much as is necessary to give the interurban company access to terminals within the municipal corporation or to enable it to secure a right of way over such tracks through the municipal corporation. The interurban company seeking permission to enter or pass through a municipal corporation shall not be required to submit to competitive bidding on such routes.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 723 | Streets; Public Grounds › Section 723.47 | Term of Grant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No grant or franchise shall be made to an interurban railway company for longer than twenty years, and no franchise so granted shall be used for the purpose of operating a municipal streetcar system.