2019-105 Ordinance - Laserfiche WebLink

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CITY OF NORTH OLMSTED, OHIO ORDINANCE NO. 2019 - 105 BY: Councilman Kevin Kearney AN ORDINANCE (1) EXEMPTING RETAIL ESTABLISHMENTS IN THE CITY OF NORTH OLMSTED FROM CUYAHOGA COUNTY ORDINANCE 02019-0005, CREATING A NEW CHAPTER 1304 OF THE CUYAHOGA COUNTY CODE AND ESTABLISHING A COUNTYWIDE BAN ON DISPOSABLE BAG USAGE IN RETAIL ESTABLISHMENTS, AND (2) CREATING NEW CHAPTER 761 OF THE BUSINESS REGULATION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED ENTITLED "RETAIL DISPOSABLE BAG RECYCLING," AND DECLARING AN EMERGENCY, AS AMENDED. WHEREAS, the residents of the City of North Olmsted, when establishing a home rule municipality governed by its Charter, reserved unto themselves for their City all the powers, expressed or implied, then or thereafter granted to municipalities by the Constitution and laws of the State of Ohio, and such further powers as may then or thereafter be granted by the laws of the State of Ohio; and WHEREAS, duties and procedural requirements unilaterally imposed by the State upon municipal corporations that purport to limit exercises of local self-government power were deemed to not be binding upon or applicable to the City of North Olmsted, unless expressly authorized in the City Charter or by City Ordinance; and WHEREAS, similarly, the duly enacted Charter of Cuyahoga County, authorized by Ohio Const. Art. X, §3 and established in 2010, reserves unto the County all powers granted by the Constitution and laws of the State of Ohio; and WHEREAS, Ohio Const. Art. X, §3 provides as follows in the event of the conflicting exercise of powers between a Chartered County and a Chartered Municipality: In case of conflict between the exercise of powers granted by such charter and the exercise of powers by municipalities or townships, granted by the constitution or general law, whether or not such powers are being exercised at the time of the adoption of the charter, the exercise of power by the municipality or township shall prevail; and WHEREAS, Cuyahoga County Charter Art I, Corporate Powers, Rights and Privileges, at Section 102, Powers Limited, provides in pertinent part as follows: