Limited Home Rule: Using it Creatively

Transcription

1 Limited Home Rule: Using it Creatively Presented by: John Albers 88 North Fifth St. Columbus, Ohio (614) (ph) (614) (f) Presented to the Ohio Township Association 2016 Annual Winter Conference Friday, January 29, 2015 (8:45 9:45 a.m.) 1 The information contained in this presentation should not be considered legal advice. Please consult your legal counsel to ensure compliance with the law. 2 1

2 1. Home Rule Authority Revisited 1.1 Limited Home Rule Townships- What Are They? Background Traditionally- creatures of statute Limited Home Rule permits any legislation not specifically prohibited by ORC Limited police power Powers and Limitations Township Home Rule is more limited in scope than Municipal Home Rule Statute specifies limitations, but does not identify areas in which townships may enact legislation, therefore scope of Township Home Rule is defined by judicial decisions/legislative modification 4 2

3 1.2 Required Legislation Hire township law director on a full or part-time basis Establish a police district, a joint township police district, or contract to obtain police protection services on a regular basis Permissible Legislation Passing curfew restrictions for minors Regulating part-time employment of offduty police officers Establishing reimbursement procedures of other political subdivisions Prohibiting tampering with township property Passing nuisance and public safety resolutions 6 3

4 1.3 Permissible Legislation (Contd.) Prohibiting storage of abandoned junk vehicles Instituting recycling measures Instituting emergency traffic/parking ordinances Restricting or expanding use of township facilities Permissible Legislation (Contd.) Building, plumbing, electrical, refrigeration, machinery, piping, boiler, heating, air conditioning, fire, fire hazard, fire prevention codes (where county has not adopted such codes) Broader powers to enforce zoning codes Regulation of parking, noise control, abating nuisances 8 4

5 1.3 Permissible Legislation (Contd.) Regulation of manufacturers, dealers, peddlers and amusements Regulation of transient dealers and solicitors Regulations of noxious weeds, brush and litter Broader power to deal with other political subdivisions Prohibit tampering with township property Regulating public gatherings, concerts, etc. Regulation of parks and public facilities Permissible Legislation (Contd.) Impounding animals Regulation of street vendors Regulation of wharves and docks Regulation of shows and games Regulation of erection of fences and signs 10 5

6 1.3 Permissible Legislation (Contd.) Appropriate funds for community projects Expand the use of township funds for training for township employees Expanded capability to administer township employees Storm Water Authority Prohibited Legislation No resolution may be in conflict with the general laws of the State No tax other than as authorized under the general laws May not encroach upon the powers, duties and privileges of elected township officials May not modify the form or structure of the township government unless required by law 12 6

7 1.4 Prohibited Legislation (Contd.) May not create a criminal offense or impose criminal penalties May not impose civil fines other than as authorized May not establish or revise subdivision regulations or road construction standards Townships powers relative to agriculture or the conservation or development of natural resources may not be increased, decreased or altered in any way Prohibited Legislation (Contd.) No ability to establish regulations effecting hunting, trapping, fishing, or the possession, use, or sale of firearms No power to establish or revise water or sewer regulations except as stated No power to establish regulations concerning manufactured home parks; advertising for certain medical services, such as optometry and ophthalmology; public utility services, and landlord/tenant relationships 14 7

8 1.4 Prohibited Legislation (Contd.) May not employ an attorney to prosecute criminal offenses that arise from the unincorporated areas of the township in a municipal court. Ohio A.G. Opinion Procedure for Adoption of Home Rule Population Threshold Populations less than 3,500- not permitted to adopt limited home rule government 16 8

9 1.5 Procedure for Adoption of Home Rule (Contd.) Population Threshold Populations 3,500 to 4,999- electors may petition for approval (10%) Appoint township administrator Estimated resources $3.5 million Procedure for Adoption of Home Rule (Contd.) Population Threshold Populations 5,000 to 14,999- electors may petition for approval (10%) 18 9

10 1.5 Procedure for Adoption of Home Rule (Contd.) Population Threshold Populations 15,000 or more (urban township). One public hearing, then township trustees may establish: 1. By unanimous vote, resolution establishing; effective 30 days after the date of its adoption unless petition by electors requesting vote at special election. Or 2. By majority vote, resolution causing board of elections to submit question to electors Creative Uses for Township Home Rule 2.1 Growth Management and Moratoria 2.2 Sexually Oriented Businesses (S.O.B.s) 2.3 Impact Fees Drees Co. v. Hamilton Twp., 2012-Ohio-2370, 132 Ohio St. 3d 186, 970 N.E. 2d 916 (Ohio 2012) 2.4 Economic Development Economic Development Grants Constructing Parking Garages 20 10

11 2. Creative Uses for Township Home Rule (Contd.) 2.5 Hiring Employees, Consultants 2.6 Contracts with Political Subdivisions and Individuals 2.7 General: Zoning, Curfews, Nuisances, Noise Laws 2.8 Storm Water Authority Establish standards in accordance with R.C (A) to achieve management and conservation practices that will abate wind or water erosion of the soil or the degradation of waters of the states Creative Uses for Township Home Rule (Contd.) 2.8 Storm Water Authority (Contd.) Establish criteria for determination of the acceptability of the management and conservation practices 2.9 Authority to lobby City of Shaker Heights ex rel. Cannon v. DeFranco, 2012-Ohio-3965, 975 N.E.2d 1046 (Ohio Ct. App., Cuyahoga County 2012) Authority to limit burial of human remains Ohio A.G. Opinion

12 3. Pros and Cons of Home Rule Advantages Authority in areas not previously permitted to legislate Direct promotion of quality of life for residents Improved residential, industrial, and business development within the township Pros and Cons of Home Rule (Contd.) Disadvantages Home rule township must hire a township law director on full or part-time basis Must establish police district, joint police district or police services Authority is broad, but not precise, resulting in court challenges on basis that resolution exceeds the grant of authority under Chapter