(A) The following procedures shall apply to the passage of ordinances and resolutions of a municipal corporation:
(1) Each ordinance and resolution shall be read by title only, provided the legislative authority may require any reading to be in full by a majority vote of its members.
(2) Each ordinance or resolution shall be read on three different days, provided the legislative authority may dispense with this rule by a vote of at least three-fourths of its members.
(3) The vote on the passage of each ordinance or resolution shall be taken by yeas and nays and entered upon the journal.
(4) Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of the legislative authority.
(B) Action by the legislative authority, not required by law to be by ordinance or resolution, may be taken by motion approved by at least a majority vote of the members present at the meeting when the action is taken.
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1958–2022 · leading case: Babyak v. Alten, 154 N.E.2d 14 (Ohio Ct. App. 1958).
Babyak v. Alten, 154 N.E.2d 14 (Ohio Ct. App. 1958). · cites it 8ד475 of the village of Avon lawfully adopted? Section 731.17, Revised Code, in the part pertinent to this inquiry, says: *193 “No ordinance shall be passed without the concurrence of a majority of all members elected to the legislative authority.”
Conneaut v. Babcock, 2022 Ohio 2101 (Ohio Ct. App. 2022). · cites it 5ד{¶15} Appellant’s second assignment of error provides: {¶16} “The trial court committed prejudicial error in denying appellant’s motion to dismiss on grounds that appellee unconstitutionally violated appellant’s rights without proper passage of a municipal ordinance or…”
Kimbrell v. Vill. of Seven Mile, 469 N.E.2d 954 (Ohio Ct. App. 1984). · cites it 3דThe required procedure for the enactment of ordinances and resolutions is set forth in R.C. 731.17. Of particular interest is Paragraph (A)(2), which states that “[e]ach ordinance or resolution shall be read on three different days, provided the legislative authority may…”
Singer v. Troy, 587 N.E.2d 864 (Ohio Ct. App. 1990). · cites it 4דR.C. 731.17 governs the passage of ordinances and resolutions by non-charter cities and states; in pertinent part: "Each ordinance or resolution shall be passed, except as otherwise provided by law, by a vote of at least a majority of all the members of the legislative authority.”
Medina ex rel. Jocke v. Medina, 2021 Ohio 4353 (Ohio Ct. App. 2021). · cites it 7ד{¶ 23} In their fourth assignment of error, the appellants claim the trial court erred in failing to find a violation of R.C. 731.17. Prior to passage, the statute requires a proposed municipal ordinance to “be read on three different days, provided the legislative authority may…”
Wesolowski v. Broadview Hts. Plan. Comm. (Slip Opinion), 2019 Ohio 3713 (Ohio 2019). “The rules shall be promulgated and published as provided by sections 731.17 to 731.42 of the Revised Code, and before adoption a public hearing shall be held on the adoption and a copy of the rules shall be certified by the commission, commissioner, or legislative authority to…”
Davidson v. Vill. of Hanging Rock, 647 N.E.2d 527 (Ohio Ct. App. 1994). “, R.C. 731.17. When the village met and voted to accept appellant’s resignation, the village conveyed its acceptance of appellant’s resignation not only to appellant, but to the public as a whole.”
City of Dayton v. Woodgeard, 187 N.E.2d 921 (Ohio Ct. App. 1962). · cites it 2דThe evidence discloses further that copies of the proposed ordinance were given to each member of the commission 24 hours before the meeting at which it was introduced. It is argued by counsel for defendant that Rule IX makes it mandatory that proposed ordinances be read aloud…”
Jackson v. City of Franklin, 594 N.E.2d 1018 (Ohio Ct. App. 1991). “) In this case, since the regulations at issue were intended for the general public and not for the government of the board, the board’s regulations had to comply with R.C. 731.17 to 731.27 in order to have the force and *440 effect of law.”
City of Dayton v. Thomas, 193 N.E.2d 521 (Ohio Ct. App. 1963). · cites it 4דIt is true that Section 731.17, Revised Code, requires a full distinct reading on three different days, unless such reading is dispensed with by a three-fourths vote of the legislative authority.”
Kimbrell v. Vill. of Seven Mile, 469 N.E.2d 954 (Ohio Ct. App. 1984). “The required procedure for the enactment of ordinances and resolutions is set forth in R.C. 731.17. Of particular interest is Paragraph (A)(2), which states that “[e]ach ordinance or resolution shall be read on three different days, provided the legislative authority may…”
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