PART SEVEN - The City of Marion, Ohio

PART SEVEN - BUSINESS REGULATION CODE

Chapter 710 Advertising, Eyeglasses (REPEALED 4-28-14, Ord. 2014-23)

Chapter 720 Coin-Operated Devices (REPEALED 4-28-214, Ord. 2014-24)

Chapter 730 Community Antenna Television Systems

Chapter 734 Consumer Transactions

Chapter 736 Discontinuing Business Sales

Chapter 740 Fortunetelling

Chapter 750 Peddlers, Canvassers and Solicitors

Chapter 756 Secondhand Dealers

Chapter 760 Taxicabs

Chapter 770 Late Night Sales and Establishments

Chapter 780 Tow Trucks

CHAPTER 710: ADVERTISING

Section

710.01 Eyeglass advertising

710.02 Price advertisements Section was REPEALED 4-28-2014, Ord. 2014-23

710.99 Penalty

CHAPTER 720: COIN-OPERATED DEVICES

Section

720.01 Definitions

720.02 Compliance with chapter

720.03 License required

720.04 Application

720.05 Denial or revocation; hearing and appeal Section was REPEALED 4-28-2014; Ord. 2014-24

720.06 Removal of devices after revocation

720.07 Duration of licenses

720.08 Annual fees

720.09 Issuance and posting

720.10 Method of giving notice

720.99 Penalty

CHAPTER 730: COMMUNITY ANTENNA TELEVISION SYSTEMS

Section

730.01 Statement of Intent and Purpose

730.02 Definitions

730.03 Grant of Authority and Franchise Conditions

730.04 Indemnity and Insurance

730.05 Rates

730.06 Construction of the Cable System

730.07 System Design and Performance Requirements

730.08 Operation and Maintenance of System

730.09 Services to the City

730.10 Limits on Grantee Recourse

730.11 Compliance with State and Federal Law

730.12 Books and Records

730.13 Rights reserved to the City

730.14 Waiver

730.15 Service of Notice

730.16 Special Provisions

730.17 Video Service Providers (VSP)

§ 730.01 STATEMENT OF INTENT AND PURPOSE.

Grantor desires to have a Cable System of advanced quality and at a reasonable costs available to

those citizens who desire to subscribe to same.

§ 730.02 DEFINITIONS

The words shall and will are mandatory and may is permissive. Words not defined shall be

given their common and ordinary meaning:

2.1 BASIC SERVICE TIER - means a service tier which includes the retransmission of local

television broadcast signals as required by the FCC to all locations in the City including but not limited to

existing local channels so long as those channels continue to operate and retransmission of those channels is

required by the FCC.

2.2 CABLE ACT – means the Cable Communications Policy Act of 1984 as amended by the

Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996

and any amendments thereto.

2.3 CABLE SERVICE – shall mean: (a) the one-way transmission of video programming or other

programming service; (b) subscriber interaction, if any, which is required the selection or use of such video or

other programming service.

2.4 CABLE SYSTEM OR SYSTEM –shall mean a facility consisting of a set of closed

transmission paths and associated signal generation, reception, and control equipment that is designed to

provide cable service which includes video programming and which is provided to multiple subscribers within

a community.

2.5 CITY – shall mean the City of Marion, Ohio

2.6 CITY COUNCIL – shall mean the Council of Marion, Ohio which is the principle legislative

body of the City, or any successor in interest.

2.7 DAY – shall mean “calendar” day unless otherwise specified.

2.8 FEDERAL COMMUNICATIONS COMMISSION or FCC – shall mean that agency as

presently constituted by the Communications Act of 1034 as amended and includes any successor or

additional Federal governmental body with authority superior to the City with regard to the regulation of any

activity authorized by this agreement.

2.9 FRANCHISE – shall mean the non-exclusive right and privilege to construct, operate,

and maintain a Cable System and related Cable system equipment in the public right-of-way of the City for

the purpose of providing Cable Service as provided for in this Agreement subject to the conditions and

restriction as hereinafter provided. This Franchise is not intended to include any license or permit required

for the privilege of transacting and carrying on a business within the City, as may be required by other

generally applicable ordinances of the City.

2.10 FRANCHISE AREA – shall mean all areas within the municipal boundaries of the City

which exist at any time present or future.

2.11 GROSS REVENUES – Gross Revenues shall mean all amounts received by the Grantee, in

whatever form and from all sources, derived from the provision of video programming services over Grantee’s

Cable System within the City. Gross Revenues shall include, without limitation, amounts received from

Subscribers for all video programming services, including premium service, pay-per-view service, basic

service, expanded basic service, converter equipment rentals, installations, late fees, reconnection fees, home

shopping networks and advertising revenue less agency fees, or any future products and services deemed a

cable service pursuant to federal law.

Notwithstanding the above and in accordance with generally accepted accounting practices, “Gross

Revenues” shall not include:

a) Revenues from any affiliated entity to the extent that such revenues have also been reported as

revenues by Grantee;

b) Franchise Fees or other governmental assessments including but not limited to sales and/or taxes

collected by the Grantee;

c) Revenues from the sale of goods and merchandise to the extent that Grantee does not retain the

revenue collected;

d) revenues from capital contributions paid by third parties to extend Cable System so as to serve such

commercial location and revenues collected from Subscribers as capital contributions in order to meet

identifiable cable related needs of the City; also known as aid to construction;

e) any amounts documented as bad debt or refunds to Subscribers; and

f) any copyright Fees.

2.12 PUBLIC RIGHT-OF-WAY OR STREET – shall mean the surface of, as well as the space

above and below, any public street, road, highway, lane path, way or place, alley, court, sidewalk, boulevard,

parkway, drive or other easement, or any extension thereof now or hereafter held by the City (including but

not limited to street highway, sidewalk, lighting, drainage, utility or cable television easements, and all public

ways and places contiguous thereto.) The Grantee is entitled to use the Public Right-of-way for the purpose of

installing or transmitting cable transmissions over poles, wires, cables, conductors, ducts, conduits, vaults,

manholes, amplifiers, appliances, attachments and other property as may be ordinary necessary and pertinent

to a Cable System so long as compliant with other applicable sections of Marion City Code, including but not

limited to regulations as to cuts and repairs. In granting the Franchise, the City grants only such rights as it

possesses.

2.13 SUBSCRIBER – means any person, company, corporation, or entity lawfully receiving a

cable service whether or not a fee is paid for such service.

§ 730.03 GRANT OF AUTHORITY AND FRANCHISE CONDITIONS

3.01 Grant - There is hereby granted by the City, for a period of fifteen (15) years from and after

the effective date of this Agreement (the Term) the non-exclusive right to construct, use, operate, own, modify

and maintain such towers, antennae, cables, electronic equipment, and other appurtenances necessary for the

operation of a Cable system and the provision of all lawful communications services subject to applicable

federal law, state law and local generally applicable ordinances. The effective date of this Agreement will be

immediately following acceptance by the Grantee as indicated by the signature of its’ Vice-President of the

Central Region.

The Franchise shall continue until it expires, fifteen years from the effective date. The Grantee may

renew this Franchise for an additional term of five (5) years by providing Council a written request no less

than six (6) months prior to the aforementioned expiration date and Council’s action to accept the five year

extension. Renewals shall otherwise be governed by applicable law.

3.02 Franchise Condition – Grantee and City agree that Franchise renewal shall be in accordance

with applicable State and Federal Laws, including but not limited to the Cable Communications Policy Act of

1984 and any amendments thereto.

Further, Grantor agrees any additional franchises to any other entity providing video or other services

similar to those herein shall require a similar service area and terms and conditions not inconsistent with those

herein.

3.03 Franchise Fee – The Grantee shall pay to the City the Franchise Fee of Three Percent (3%) of

the Annual Gross Revenue as defined herein, derived from the operation of the Cable System within the

Franchise Area for each calendar year. The City may at any time, on its own initiative, refrain from collecting

a Franchise Fee from the Grantee or reduce the amount of the Franchise Fee it collects from the Grantee. The

amount of the Franchise Fee can be increased up to the maximum allowed by law. The Grantee agrees to

implement a change in said Franchise Fee within ninety (90) days after of notification. A copy of Council’s

action must accompany notification.

The Grantee shall pay Franchise Fees to the City on a quarterly basis. All Franchise Fee payments

shall be delivered to the City sixty (60) days of the close of each quarter. The City may assess a late fee to the

Grantee at a rate equal to the current monthly prime rate for any payments due, but not rendered within sixty

(60) days after the close of each quarter. No acceptance of payment shall be construed as a release or as an

accord and satisfaction of any claim the City may have for further or additional sums payable under this

Agreement.

3.04 Amendment of Franchise Agreement - In addition to such amendments as are provided for in

Federal Law and other generally applicable law, it is the intent of the parties that this Agreement may be

amended from time to time. Each party agrees to bargain in good faith with the other party upon the initiation

of any such proposed amendment. No amendment shall be valid unless signed by both parties.

3.05 Franchise Revocation Procedures. Whenever Grantee shall willfully fail, refuse or neglect to

construct, operate, or maintain its cable television system in accordance with the conditions of this Franchise,

the City will notify the Grantee in writing setting forth the nature and facts of such alleged non-compliance

which they believe has occurred. If within thirty (30) days following such written notification by the City, the

Grantee has not furnished proof that corrective action has been taken and is being actively expeditiously

pursued, or evidence that the alleged violations did not occur the City may place a request for termination of

the Franchise on the agenda for the next regular Council meeting.

If the City determines that such non-compliance was without just cause, then the City may adopt an

Ordinance after thirty days (30) notice to Grantee and hold a public hearing and if the City determines at said

hearing that grantee has failed to comply and has not taken appropriate steps to remedy the non-compliance

within a reasonable time, the City may instruct the Grantee to promptly remove from the public right of way

all of its cable television system facilities within ninety (90) days from the date the Grantee receives a written

copy of the City’s findings, unless there is compliance by the grantee within such period as the City may fix.

In the event that Grantee fails to remove said facilities within one hundred eighty (180) days of the

lawful termination of a Franchise, the City may remove said facilities and require the Grantee to reimburse it

for the expenses thereof within sixty (60) days of the receipt of copies of all invoices for said removal.

In addition to all other rights reserved to the City by virtue of this Agreement or otherwise, the City

may invoke rights as defined above in the event:

(a) The Grantee becomes insolvent and is unable or unwilling to pay its debts, or

(b) The Grantee is adjudged bankrupt and is unable or unwilling to abide by the terms of this

agreement, or

Subscribers.

No revocation or termination shall be effective unless the Council, at any meeting, special or

otherwise, at which all interested parties have been heard, and upon 30 day written notice shall have adopted

an Ordinance setting forth the reasons for the termination. Neither party shall waive its rights under

applicable law.

3.06 Sale or Transfer of Franchise – This Franchise shall be sold, assigned, or transferred only in

accordance with this section:

(a) In the event of a change of control of Grantee (change of control shall mean a change

in ownership of a majority interests in voting stocks), the parties to the sale or transfer shall make a

written request to City for its approval of sale or transfer. The written request shall be accompanied

by information required by FCC rules and shall be presented on a form as prescribed by FFC rules.

(b) In accordance with the Cable Act, the City shall have one hundred twenty

(120) days from the receipt of the information referred to above to act upon the request for approval. If the

City fails to render a final decision on the request within 120 days the request shall be deemed granted unless

Grantee and the City agree to extend the time period.

evaluate the effect of the sale or transfer. In that event, Grantee shall receive written notice of the hearing, and

of the opportunity to participate fully in it, as far in advance as possible, and in no event less than thirty (30)

days before the start of the hearing.

(d) The City’s decision upon a request pursuant to this Section shall be in writing and subject to

review and appeal as provided for by the Cable Act.

(e) In reviewing a request for sale or transfer, the City may inquire into the technical, legal, and

financial qualifications of the prospective Franchisee and Grantee shall assist the City in so inquiring. The

City shall not unreasonably withhold its approval. In no event shall a transfer or assignment of ownership or

control be approved without the transferee or assignee assuming in writing the obligations of the Grantee

under this Agreement.

(f) Notwithstanding anything to the contrary, no consent or approval by City shall be required for

a transfer or assignment to any person or entity controlling, controlled by, or under common control with

Grantee, or for any sale, transfer, or assignment other than a transfer requiring approval;

(g) The consent of the City to any sale, transfer, lease, trust, or mortgage shall not constitute a

waiver or release of any rights of the City.

(h) This Franchise shall be binding on successors, assigns, and transferees. Grantee agrees that

this franchise will not be sold, assigned or transferred, nor will there be a change in control of the franchise

without the prior written consent o the Grantor, which consent shall not be unreasonably withheld. However,

no consent will be required for a transfer in trust, mortgage or other hypothecation to secure indebtedness.

Notwithstanding any provision in the Franchise requiring the consent of Grantor to assign or transfer

such franchise, Grantee shall have the right to assign or transfer any such Franchise, or control thereof,

without the consent of Grantor pursuant to:

(1) the terms of a plan of reorganization in the Bankruptcy Cases; or

(2) a sale of assets of Grantee pursuant to Section 363 of the Bankruptcy Code so long as the

franchise is not in default and only in accordance with and subject to the provisions of Section 365 of

the Bankruptcy Code.

(i) The City of Marion approves and consents to the transaction to transfer this Franchise from

Grantee to an affiliate of Time Warner as described in Transfer Resolution attached as Exhibit A and

incorporated by reference herein. Upon the request of Grantee, the Franchising Authority will provide an

originally executed copy of the Transfer Resolution to the Grantee.

§ 730.04 INDEMNITY & INSURANCE

4.01 Indemnity – The Grantee agrees to indemnify the City, its officers, Council, commission,

agent, and employees from any and all claims by any person or person whatsoever:

(a) on account of injury to or death of a person or person occasioned by the negligent

acts of the Grantee under the Franchise,

(b) for property damage occasioned by the negligent acts of the Grantee under the

Franchise.

The City and Grantee agree to abide by Section 635A of the Cable Act.

(a) The Grantee, by its acceptance of this Franchise, specifically agrees that it shall indemnify

and save harmless the City from, and shall pay all damages, losses, costs, charges and

penalties which the City may legally be required to pay as a result of Grantee’s operation of

its cable television system in the City’s community. These damages, losses, costs, charges

and penalties shall include, but shall not be limited to, damage, installation, operation or

maintenance of the cable system authorized herein. However, nothing herein contained shall

be construed to relieve City from any and all liability due to its own negligence.

Each party shall give the other prompt written notice of any claim, demand, action, or proceeding for

which indemnification will be sought under this provision of the Agreement and, if such claim, demand, or

action is a third-party claim, demand, action or proceeding, Grantee shall have the right at its expense to

assume the defense of such claim, demand, action, or proceedings, using counsel reasonably acceptable to

City.

4.02 Insurance – The Grantee shall obtain and shall keep in force and effect during the Term of

this Agreement and any renewal or extension thereof, liability insurance providing the following minimum

coverage: Commercial general liability insurance in the amount of Two Million and 00/100 Dollars ( $

2,000,000.00) per occurrence and aggregate covering bodily injury, including death and property damage.

Grantee shall name as an additional insured on any such policy the City, its officers, board, commission,

elected and appointed official, agents and employees.

Grantee shall maintain in force, during the Term of this Agreement and any renewal or extension

thereof Workers’ Compensation Insurance, covering its obligations under the Workers’ Compensation Statue

and provide an insurance certificate upon request.

The insurance company issuing such policies shall carry a financial rating of not less than “A-” in the

latest edition of Best Key Rating Guide, published by A.M. Best or its successor in interest, and shall be

licensed to do business in the State of Ohio. Such policy or policies shall be maintained for such other period

of time during which the Franchise operates or is engage in the removal of the system. Each liability

insurance policy shall contain the following endorsement:

“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew

be state until thirty (30) days written notice to the City of Marion has been served upon the Clerk of Council.”

Upon written request by the City, the Grantee shall obtain and furnish to the City a Certificate of

Insurance evidencing replacement insurance polices.

In the event the Grantee fails to provide proof of insurance coverage, City may procure the insurance

coverage required and bill the Grantee for any costs associated with procuring insurance including but not

limited to the insurance premiums.

§ 730.05 RATES

Installation charges, monthly service rates, and any other rates charged by Grantee to its Subscribers

shall not be regulated under this Franchise. To the extent now or subsequently allowed by Federal law or

regulation, the City reserves the right to regulate any rates so allowed.

However, irrespective of the above and applicable law, Grantee voluntarily consents and agrees to

provide the Council and customers with thirty (30) days written notice of any change to charges, fees or rates,

irregardless of tier.

§ 730.06 CONSTRUCTION OF THE CABLE SYSTEM

6.01 The parties acknowledge the System has been upgraded to an 860 MHZ system.

6.02 Grantee shall establish, construct, operate, and maintain the Cable System in strict

compliance with all generally applicable laws, ordinances, rules and regulations of the City and any other

governmental body having jurisdiction, provided that same is not in conflict with the Cable Act. Further

equipment shall be durable and installed in accordance with the provisions of the National Electrical and

Safety Code and National Electrical Code. Any antenna or tower shall be maintained and comply with all

Federal and applicable local laws, regulations and codes.

6.03 Grantee shall utilize poles, conduits, and other facilities whenever possible, and shall not

construct or install any new, different, or additional poles, conduits, or other facilities on public property until

written approval of the City is obtained which approval shall not be unreasonably withheld or delayed.

6.04 In the case of disturbance or any street, sidewalk, alley, public way, or paved area, the

Grantee shall at it own expense and cost, in the manner approved by the City Engineer, replace and restore

said street, sidewalk, alley, public way, or paved area to the reasonable satisfaction of the City Engineer.

6.05 If, at any time during the period of this Agreement, the City shall lawfully elect to alter or

change the grade of any street, sidewalk, alley, or other public way, the Grantee, upon reasonable notice by

the City, shall remove, relay, and relocate its poles, wires, cables, conduits, and other fixtures at its own

expense.

6.06 The Grantee shall, upon request, temporarily remove, raise or lower its wires to permit the

moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be at the

expense of the person moving the structure. The Grantee shall require fourteen (14) business days notice to

arrange for such wire changes and may require advance payment.

6.07 The Grantee shall have the authority and responsibility within the generally applicable

guidelines of City, to trim trees upon and overhanging streets, alleys, sidewalks, and public ways within the

City, in order to prevent branches from coming in contact with wires of the Grantee. Prior to proceeding

with any trimming, the Grantee shall provide written notice of the time and location to the City Engineer,

unless an emergency demands otherwise. All trimmings shall be at the sole cost of the Grantee.

6.08 INTENTIONALLY LEFT BLANK

6.09 The City shall have the right to inspect the construction, operation, and maintenance of the

Cable System upon reasonable notice to Grantee.

6.10. Whenever all electrical and telephone utilities are located underground, either at the time of

initial construction or subsequently the Cable system shall also be located underground at Grantee’s expense.

If the facilities of either the electric or telephone utility are aerial, the Cable System maybe located

underground at the request of the property owner provided that the excess cost over aerial locations shall be

borne by the property owner making the request. In the event that any telephone, electric or other utility or

entity is reimbursed for expenses incurred with the undergrounding of their facilities, Grantee shall be entitled

to share in such reimbursement.

6.11 Grantee shall be required to extend the Cable System and offer the services of the Cable

System to all potential Subscribers within the corporate limits of the City. Grantee shall extend its Cable

System to newly annexed territory, within six (6) months of the date the development reaches the density

requirement of at least thirty (30) homes per cable mile.

6.12 Grantee shall keep accurate, complete and current maps and records of the Cable System and

facilities, in terms of location, type, and number, to be updated periodically as warranted. Grantee shall

furnish upon request maps indicating the locations of the Grantee’s services over the public rights of way.

6.13 Any contractor proposed for work on installation, maintenance, or repair of the Cable System

must be experienced in underground conduit and cable construction, or any other capacity for which retained.

Upon request of City, Grantee shall supply a contractor’s qualifications.

§ 730.07 SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS

7.01. In furtherance of Grantee’s general policy that the services provided be innovative and

modern the Grantee will actively pursue a continuous policy of incorporating new technical developments

into the Cable System by identifying and responding to changing community interests and desires where

economically and technically feasible. The parties include this provision in this Agreement to maintain City’s

place as a leader using innovative and new communications technology in providing services to residents,

business, and industry where economically and technically feasible.

7.02 The Federal Communications Commission (FCC) Rules and Regulations Part 76 Subpart k

(Technical Standards) shall apply as now exist or as amended. Grantee shall operate and maintain its cable

television in accordance with § 76.601(c) of the Rules and Regulations of the Federal Communications

Commission or any derivative thereof . The quality of the product shall be preserved and degradation of signal

to the end user reduced to the best ability of the Grantee consistent with the generally accepted standards within

the cable industry.

§ 730.08 OPERATION AND MAINENANCE OF SYSTEM

8.01 The Grantee shall render efficient service, make repairs promptly, and interrupt service only

for good cause and or the shortest time possible. Such interruptions, in so far as possible, shall be preceded

by notice, and shall occur during periods of minimum use of the system.

8.02 The Grantee shall maintain a local office in the City as long as the office remains

economically feasible to maintain. The office in Marion may be terminated by Grantee at any time if all the

following occurs:

a. Grantee maintains regular records of the traffic to the Marion office and the purpose

of such traffic (i.e. payment of bills, return of equipment, orders, scheduling of service calls).

b. No later than ninety (90) days prior to the proposed closing, Grantee reports to the

Marion City Council on the feasibility of maintaining the Marion office, taking into account

such factors as amount of traffic, functions served and the cost of maintaining the office. The

reports shall include the records kept pursuant to paragraph (a) above.

c. The Grantee shall give thirty (30) days notice of its preliminary decision to

terminate the Marion office and allow input from the City before making its final decision.

If the Grantee closes its local office during the term of this Agreement under this section, Grantee

shall maintain no less than two (2) payment centers within the City at which Marion customers may, at a

minimum, make payments. Such payment centers may be at a local business with which Grantee has

contracted to accept payments on its behalf.

8.03 Grantee does not now charge for any service call related to its own plant and equipment

provided, however, a charge may be made if the service call is the result of repeated misuse of the equipment

or cable by the Subscribe. Grantee reserves the right to charge for any service call related to its plan and

equipment and agrees to notify City of any change in this policy.

8.04 Grantee shall use its best efforts to clearly identify all personnel, vehicles and other major

equipment that are operating under the authority of Grantee.

8.05 Grantee agrees to follow federal rules for all closed-captioned programming and

further agrees to be proactive in making commonly used devices available to impaired individuals.

8.06 Grantee shall develop a Subscriber complaint procedure which is consistent with

FCC requirements, particularly Section 76.02 Annual Notifications. Grantee shall furnish to each Subscriber

a written statement that clearly sets forth the following:

(a) a complete schedule of rates, fees, charges, and terms and conditions of service

regarding same:

(b) a complete statement of the Subscriber’s right to privacy in conformance with Section

631 of the Cable Communications Policy Act of 1984 as it now exists or is hereafter amended:

(d) the address and phone number of the Grantee’s office responsible for handling

complaints.

Anytime the written statement is modified, Grantee shall provide the revised format to City.

8.07 In the event that full service to any customer is interrupted for a period of twenty-four (24)

hours or more and the customer notifies the Grantee, the Grantee shall review the nature and cause of the

interruption. Upon notification and request by the customer, Grantee shall adjust customer charges pursuant

to FCC Customer Service Standards.

8.08 Grantee shall also fully comply with the FCC Customer Service Standards.

8.09 Grantee shall comply with applicable FCC rules regarding EAS system capabilities and shall

cooperate with City on the use and operation of any emergency alert system.

§ 730.09 SERVICES TO THE CITY

9.01 In order to provide the citizens of the community greater access to local government, Grantee

shall continue to provide one (1) Government and Educational access channel to the City of Marion, which is

currently being utilized by the Marion City School District. In the event that the existing access channel is

programmed with non-repeat, non-character generated programming for five (5) hours per day, six (6) days

per week and for a period of four (4) consecutive weeks, Grantee shall provide a second Government and

Educational channel for utilization by the City

An Access channel is a channel made available to the City by Grantee for the purpose of

cablecasting non-commercial programming City’s administration and educational institutions. The Grantor

agrees not to use the access channels to provide commercial or revenue-generating services or services that

may compete, directly or indirectly, with services provided by Grantee, provided, however, that Grantor may

cablecast acknowledgement of funding sources and the underwriting of programming costs. Grantee shall

provide the transmission system, composed of a transmitter and receiver, from the Marion City Hall and the

Marion City Schools facility to Grantee’s principal headend. Grantee agrees to provide the necessary

equipment, composed of a transmitter and receiver, and facilities within the Cable System to transmit the

access channels to the Subscribers.

9.02 For the duration of the Franchise Agreement, Grantee shall furnish without charge,

installation of one cable drop for expanded basic cable service to buildings which now house, or may in the

future house City of Marion Offices provided that it is located within one hundred twenty-five (125) feet of

Grantee’s existing distribution plant that is actively delivering service and within the jurisdictional limits of

the City. Subject to product availability, Grantee agrees to provide a drop without charge for the downtown

music system of City selected music product Grantee shall provide City a one equipment grant of Seventeen

Thousand and Five Hundred Dollars ($ 17,500.00) to be used for the Government and Educational access

channel. The grant shall be paid without demand not later than ninety (90) days after the effective date of this

agreement. This grant will be used to purchase hardware/software that will be needed for programming

and/or operation of the Government and Educational access channel programs.

§ 730.10 LIMITS ON GRANTEE RECOURSE

10.01 Except as provided herein or in applicable law, the Grantee shall have no recourse against the

City for any loss, expenses, or damages resulting from the terms and conditions of this Agreement because of

the enforcement thereof, nor the City’s failure to have the authority to grant the Franchise. The Grantees

expressly agrees that upon its acceptance of this Franchise it does so relying upon its own investigation and

understanding of the power and authority of the City to grant said Franchise.

10.02 The Grantee, by accepting this Franchise, acknowledges that it has not been induced to

accept same by any promise, verbal or written by or on behalf of the City or by any other third person

regarding any term or condition of this Franchise not expressed herein.

§ 730.11 COMPLIANCE WITH STATE AND FEDERAL LAW

11.01 The City and Grantee shall, at all times, comply with State and Federal law.

11.02 The Grantee shall not deny service, deny access or otherwise discriminate against any party

on the basis of race, color, religion, national origin, sex or age. Grantee shall comply at all times with all other

applicable federal and state laws relating to nondiscrimination.

11.03 The Grantee shall comply with all privacy provisions of the Cable Act, as amended.

§ 730.12 BOOKS AND RECORDS

12.01 Upon written request, the Grantee shall provide City within thirty (30) days a written

statement signed by an authorized representative of the company or his/her designee and signed under penalty

of perjury by an officer of the Grantee, identifying sources and amounts of revenues received which form the

basis of the calculations of the Franchise Fee for the preceding fiscal year.

12.02. Grantee shall keep true and accurate books and records in conformity with generally accepted

accounting principles, consistently applied showing all income, expenses and all other transaction relating to

the system.

12.03 Upon a thirty (30) day written notice, the City may review the company’s books and records

for a period not to exceed the previous three (3) years during normal business hours, as is reasonably

necessary to monitor compliance with terms herein.

If after completing said review, City has just cause to believe that the Grantee had not reported

revenues accurately, the City may, at the City’s cost hire an independent Certified Public Accountant to

conduct a complete and thorough audit of the books necessary to ascertain the correct basis for Franchise

Fee calculation. If said audit results show that the Grantee has underpaid by greater than 5% to the

City than the amount due to the City as a Franchise Fee payment, Grantee shall pay the proper amount due

with interest at the prime rate which was in effect on the first day the discrepancy existed.

12.04 Upon written request Grantee shall within thirty (30) days provide City with copies of all

petitions, applications, and communications submitted by the Grantee to the FCC, SEC or any other Federal

or State regulatory agency having jurisdiction over any matter affecting the Grantee’s Cable System

operations.

§ 730.13 RIGHTS RESERVED TO THE CITY

13.01 The City hereby expressly reserves the following rights:

(a) to exercise its governmental powers, now or hereafter, to the full extent that such

powers may be vested in or granted to the City:

(b) to adopt, in addition to the provisions contained herein, and in any existing applicable

Ordinances, such additional regulations as it shall find necessary in the lawful

exercise of its police power:

otherwise, shall be reasonable and not in conflict with the rights, herein granted. In

the event there is conflict, the terms of this Franchise shall prevail.

§ 730.14 WAIVER

14.01 The failure of the City, at any time, to require performance by Grantee of any term or

condition hereof shall in no way affect the right of the City hereafter to enforce same. Nor shall the waiver by

the City of any breach of any terms or conditions hereof be taken or held to a waiver of any succeeding breach

of such terms and conditions, or as a waiver of any terms or conditions themselves.

§ 730.15 SERVICE OF NOTICE

15.01 All notices required or permitted to be given to either party by the other under any provision herein

shall be in writing and shall be deemed served:

(a) when delivered by hand or private carrier or similar service to the

individual acknowledged responsible below during normal business hours:

(b) when mailed to the designated person below, via certified mail, return

receipt requested; and

City

City of Marion

C/O Safety Service Director

233 West Center Street

Marion, Ohio 43302

And

Clerk

Marion City Council

233 West Center Street

Marion, Ohio 43302

Grantee

Adelphia Communications

C/O Legal Department

675 Peter Jefferson Place, Ste. 450 Charlottesville, VA 22911

And

Adelphia Communications

C/O General Manager

111 North 11

Street

Newark, OH 43058

§ 730.16 SPECIAL PROVISIONS

16.01 Any delay, preemption, or the failure to perform caused by factors beyond the parties’

reasonable control, such as an act of God, labor dispute, non-delivery by suppliers, war, technical breakdown,

or government administration or judicial order or regulation, shall not result in a default of the Agreement.

Each party shall exercise its reasonable efforts to cure any such delays and the cause thereof, and performance

under the terms of this Agreement shall be excused for the period of time during which such factor continues.

16.02 Whenever this Franchise Agreement sets forth any time for any act to be performed by either

of the parties to this Franchise Agreement such time shall be deemed to be of the essence.

16.03 This Franchise Agreement shall be governed, construed and enforced in accordance with

generally applicable local ordinances, state, and federal law, rule, regulation, legislation or order.

16.04 Nothing herein shall be deemed to create a joint venture or principal agent relationship

between the parties to this Franchise Agreement and neither party to this Franchise Agreement is authorized

to, nor shall either party act toward any third persons or the public in any manner which would indicate any

such relationship exists.

16.05 This Franchise Agreement and all attachments hereto, represent the entire understanding and

agreement between the parties and supersedes any and all understanding and agreements whether written or

oral of any kind. This Agreement may only be amended by written agreement, signed by both parties.

16.06 Any additional cable television franchise, permit or license awarded to another cable operator

will contain benefits and burdens substantially equivalent to those existing under this Agreement, and will not

place the Grantee at a competitive disadvantage.

16.07 If any section, subsection, clause, phrase or portion of this Franchise Agreement is for any

reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a

separate, distinct and independent provision and such holding shall not affect the validity of the remaining

portions of the Franchise Agreement. ('70 Code, § 730.05) (Ord. 1977-12, passed 2-14-77; Ord. 2005-78, passed

11-28-2005)

§ 730.17 VIDEO SERVICE PROVIDERS (VSP)

(A) Subject to Ohio Revised Code Section 1332.32 taking effect, in accordance with the requirements of

R.C. 1332.32, all video service providers (VSP) providing video service in the City pursuant to a video service

authorization obtained from the Director of the Ohio Department of Commerce shall pay Video Service Provider Fees

("VSP Fees") in the amount of five percent (5%) of gross revenues received from providing video service in the City,

which gross revenue base shall include advertising revenues. The VSP Fee shall be paid quarterly, not sooner than forty

five (45) days nor later than sixty (60) days after the end of each calendar quarter.

(B)

To the extent permitted by R. C. Section 1332.23, and unless the existing franchise agreement

is terminated, the City of Marion hereby ratifies all existing agreements, franchises, and ordinances

regulating cable television operators and other video service providers, including the imposition of a

franchise fee of three percent (3%) imposed on the gross revenues of all such providers, and further

declares that such agreements, franchises, and ordinances shall continue in full force and effect until

expiration as provided therein, or until preempted by the issuance of video service authorizations by the Ohio

Department of Commerce or otherwise by law, but only to the extent of said preemption.

(C)

It shall be unlawful for any person to provide video services as defined by R. C. Section

1332.21 (J), within the City without either an agreement, franchise, or ordinance approved by the City or a

video service authorization issued by the Ohio Department of Commerce.

(D) Upon receipt of notice from a video service provider that it will begin providing video service in the

City pursuant to a state-issued video service authorization, the Mayor, City Law Director, or their designee, is

authorized and directed to provide such video service provider with notice of the VSP Fee as determined by this

Council herein, which notice shall be delivered in a manner that provides for proof of timely delivery.

(E) Upon receipt of notice from a VSP that it will begin providing Video Service in the City pursuant

to a VSP, the Mayor, City Law Director, or their designee is authorized and directed to provide such VSP with

notice that the VSP shall be required to provide the same number of PEG channels in the City (NO LESS

THAN TWO) under the same service tier conditions and subject to the same channel reclamation conditions

as may be proscribed by R.C. Section 1332.30(A)(1)(a-b) OR 1332.27(C)(2) OBLIGATIONS ARISING

THEREFROM WHICH SHALL BE CONTROLLING IN THE EVENT OF ANY CONFLICT for the

Incumbent Cable Provider with the most recent obligation in the City, which notice shall be delivered in a

manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and

service tiers required to be provided by the VSP within the City within one-hundred and twenty (120) days

after delivery of such notice. Additionally, should no PEG channels currently be provided by an Incumbent

Cable Provider with such an obligation in the City, the Mayor, City Law Director, or their designee may

provide written notice to a VSP of its obligation to provide PEG channels in accordance with R.C. Section

1332.30(B)(1) OR 1332.27(C)(2) OBLIGATIONS ARISING THEREFROM WHICH SHALL BE

CONTROLING IN THE EVENT OF ANY CONFLICT and this Code.

(F) The franchise obligation of an incumbent cable operator to provide monetary and other support

for PEG access facilities existing on September 24, 2007 shall continue until the date of franchise

expiration (ignoring any termination by notice of issuance of a video service authorization) or December

14, 2020, whichever is earlier. Any other video service provider shall have the same obligation to support

PEG access facilities as the incumbent cable operator, but if there is more than one (1) incumbent, then the

incumbent with the most subscribers as of September 24, 2007. Such obligation shall be pro-rated,

depending on the nature of the obligation, as provided in R. C. Section 1332. The City shall notify each video

service provider of the amount of such fee on an annual basis, beginning one (1) year after issuance of the

video service authorization.

(G)

In order to provide the citizens of the community greater access to local government, Grantee shall

continue to provide one (1) Government and Educational access channel to the City of Marion, which is

currently being utilized by the Marion City School District. . In the event that the existing access channel is

programmed with non-repeat, non-character generated programming for five (5) hours per day, six (6) days

per week and for a period of four (4) consecutive weeks, Grantee shall provide a second Government and

Educational channel for utilization by the CITY. Non-repeat being defined as not being a qualifying content

after replaying on the 29

day after its first play. As of the date of this Ordinances’ adoption, the incumbent

cable operator has been provided the contractual required notice that City is entitled to the utilization of a

second PEG channel this occurring prior to September 24, 2007. The VSP shall provide the transmission

system, composed of a transmitter and receiver, from the Marion City Hall and the Marion City Schools facility

to Grantee's principal headend. The VSP shall provide the necessary equipment, composed of a transmitter and

receiver, and facilities within the Cable System to transmit the access channels to the Subscribers. The PEG

programming origination point of the City for the delivery of VSP access services shall be located at the 233

W. Center St., Marion, Ohio 43302 building/location.

(H) The VSP

shall furnish without charge, installation of one cable drop for expanded basic cable

service and high speed internet service to buildings which now house, or may in the future house City of

Marion Offices. VSP shall provide a drop without charge for the downtown music system of City selected

music product

(I)

Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third

degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty (60)

days, or both. A separate offense shall be deemed committed each day during or on which a violation occurs

or continues. IN ADDITION, CIVIL PENALTIES CONTAINED WITHIN 1332 SHALL BE

APPLICABLE.

(Ord. 2008-44, passed 6-5-2008)

CHAPTER 734: CONSUMER TRANSACTIONS

Section

734.01 Definitions

734.02 Items to display price

734.03 Items to display price on shelves or in close proximity

734.04 Exemptions

734.99 Penalty

§ 734.01 DEFINITIONS.

As used in this chapter, unless otherwise expressly stated:

BULK DISPLAY. Any unpackaged merchandise displayed in an area which exceeds 1,728 cubic inches or

one cubic foot.

CONSUMER, CONSUMER TRANSACTION and SUPPLIER have the same meanings given in R.C.

§ 1345.01.

DUMP DISPLAY. Any display of merchandise built by tossing or dumping goods in an irregular fashion.

('70 Code, § 734.01) (Ord. 1977-44, passed 5-23-77)

§ 734.02 ITEMS TO DISPLAY PRICE.

(A) Every item of goods that is offered for sale by a supplier in connection with a consumer transaction

shall have conspicuously, clearly and plainly displayed, in Arabic numerals on the item of goods, the price at

which such item of goods is offered for sale, except for the following situations:

(1) Any product prepackaged in a combination of two or more components need only be priced as a

combination and need not be priced individually.

(2) Whenever a scanning device and computer is used to indicate the selling price of the package,

provided the individual price of the package is prominently displayed adjacent to it.

(B) No supplier of any item of goods offered for sale in connection with a consumer transaction shall

purposely fail to display on such item the price at which such item is offered for sale as required by division (A)

of this section.

Safety/Service Director of the municipality and shall not be denied such authorization provided the retailer is in

compliance with subsections (1), (2), (3) and (4) of this division (C):

(1) A computer and bar code scanning device are used to both register and display to the consumer

the selling price of the item being purchased at the time of checkout.

(2) The price of any item offered for sale must be clearly and distinctly visible and prominently

displayed immediately in front of said item so as not to be confused with any other item and in such a way to

prevent the displayed price from being moved to another location, perhaps, in front of another item.

(3) The display price must be of a size no less than 1/2-inch high with numerals of bold enough type

so as not to appear out proportion to said height.

(4) The displayed prices for items on bottom shelves shall be larger than as indicated in subsection (3)

or in some way more highly visible than as indicated in subsection (3) so as to assure easier location and viewing

of the displayed price.

(D) Failure to comply with division (C) shall not in any way be construed as an exemption from

compliance with this ordinance or any provisions herein. ('70 Code, § 734.02) (Ord. 1977-44, passed 5-23-77;

Am. Ord. 1989-121, passed 12-11-89) Penalty, see § 734.99

§ 734.03 ITEMS TO DISPLAY PRICE ON SHELVES OR IN CLOSE PROXIMITY.

Drive-through suppliers or suppliers who utilize dump displays or bulk displays shall display the price of the

item on the shelf or in close proximity to the item that is offered for sale.

('70 Code, § 734.03) (Ord. 1977-44, passed 5-23-77)

§ 734.04 EXEMPTIONS.

Section 734.02 does not apply in the following consumer transactions:

(A) Items that are subject to the packaging or labeling requirements of the Federal Alcohol Administration

or to any pricing requirements established by federal law;

(B) Items that are offered for sale through a vending machine;

(D) Items that are priced for $.15 or less; or

(E) In any business establishment operated by a supplier who does less than $250,000 in retail sales per

year. ('70 Code, § 734.04) (Ord. 1977-44, passed 5-23-77)

§ 734.99 PENALTY.

Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree and

shall be fined not more than $250 or imprisoned not more than 30 days or both. If the offender has previously

been convicted of an offense under this chapter, the violation shall be a misdemeanor of the third degree and the

offender shall be fined not more than $500 or imprisoned not more than 60 days, or both. ('70 Code, § 734.99)

(Ord. 1977-44, passed 5-23-77)

CHAPTER 736: DISCONTINUING BUSINESS SALES

Section

736.01 License required

736.02 License application

736.03 Effective period; renewals; fee; bond

736.04 Adding goods prohibited

736.05 Investigations; oaths

736.06 Advertising; transfers of interest

736.07 Exceptions

736.99 Penalty

§ 736.01 LICENSE REQUIRED.

No person shall advertise, announce, conduct or hold out by any means or device, including by auction, the

sale of goods, wares or merchandise, which sale is caused, or occasioned by the intention of discontinuing

business, without first obtaining a license as provided in this chapter. ('70 Code, § 736.01) Penalty, see § 736.99

§ 736.02 LICENSE APPLICATION.

An application for a license required by § 736.01 shall be filed with the Safety/Service Director and shall

contain, under oath, the following information:

(A) Names. The true names of the owners of the goods, wares or merchandise to be offered for sale and

the name of the operator, if he or she is a person other than the true owner, shall be given.

(B) Inventory.

(1) A dollar amount of the inventory on hand at the beginning of the sale, at wholesale cost, shall be

given.

(2) A dollar amount of the merchandise on order to be placed in stock on the premises during the

pendency of the sale shall be given. However, the licensee may not add any brand of merchandise other than

those that were normally handled by him or her prior to the sale.

(3) All articles included in the inventory as provided in this section shall be goods, wares or

merchandise purchased by the applicant for resale on a bona fide order without cancellation privileges. Articles

purchased on consignment are not permitted to be included in such inventory. ('70 Code, § 736.02)

§ 736.03 EFFECTIVE PERIOD; RENEWALS; FEE; BOND.

(A) Licenses shall be effective for not more than 60 days but may be renewed for two additional periods of

30 days each. An application for renewal must be made at least ten days prior to the end of the period covered by

the license or renewal.

(B) No other such license shall be granted to the same person for one year following the expiration of a

previous license or renewal under this chapter.

and shall provide a bond conditioned upon the compliance by the applicant with the terms of the license and the

provisions of this chapter, which bond shall be in the amount of $2,500 or 2% of the value of the inventory

reported, whichever is greater. ('70 Code, § 736.03)

§ 736.04 ADDING GOODS PROHIBITED.

No licensee under this chapter shall, during the continuance of such a sale, add any goods, wares or

merchandise to the stock described and inventoried in his or her original application for a license, and no goods,

wares or merchandise shall be sold at or during the sale other than those included in inventories in the original

application. Each and every addition of goods, wares or merchandise to such stock on the premises, and each sale

of such goods, wares or merchandise as have not been included in inventories in such original application, and

each false statement of fact in such application, shall constitute a separate offense. ('70 Code, § 736.04) Penalty,

see § 736.99

§ 736.05 INVESTIGATIONS; OATHS.

The Safety/Service Director or his or her duly authorized agent shall make or cause to be made such

investigations and inquiries throughout the conduct of any sale as he or she may deem advisable to effectuate the

purposes of this chapter, and the Director is hereby authorized to administer oaths in connection with the taking

of testimony pertaining thereto. ('70 Code, § 736.05)

§ 736.06 ADVERTISING; TRANSFERS OF INTEREST.

(A) If the ownership of the establishment discontinuing business has changed hands in the preceding six

months, all signs and advertising relative to the sale shall bear the name of the true owner, but may refer to the

former owner or the trade name used by him or her, provided that such reference is subordinated in space and

letter size to the name of the true owner.

(B) The name and address of the operation of the sale, if he or she is a person other than the true owner, as

well as the fact, if such a circumstance exists, that the operator is the owner of goods being brought in purposely

for resale during the course of the sale, must be included in all advertising pertaining to the sale.

chapter shall, in addition to any other penalty, be grounds for revocation of the license for such sale. All signs

and other advertising of such sale shall bear the number and date of the license issued under this chapter.

(D) A business establishment owned by a corporation shall be considered to change ownership upon

transfer, in one or more transactions, of more than 50% of the shares of such corporation to any one person,

partnership, association or other corporation, and such person, partnership, association or other corporation so

owning more than 50% of the outstanding shares of a corporation owning such business establishment shall be

considered to be the true owner of such business establishment for the purposes of this chapter.

('70 Code, § 736.06)

Cross-reference: Advertising, see Ch. 710

§ 736.07 EXCEPTIONS.

This chapter shall not apply to sales conducted by sheriffs or other public or court officials, or to any person

acting under the direction or authority of any court, state or federal, selling goods, wares and merchandise in the

course of his or her official duties. ('70 Code, § 736.07)

§ 736.99 PENALTY.

Whoever violates or fails to comply with any of the provisions of this chapter shall be guilty of a minor

misdemeanor and shall be fined not more than $150.00 for each offense. A separate offense shall be deemed

committed each day during or on which a violation or noncompliance occurs or continues.

('70 Code, § 736.99)

CHAPTER 740: FORTUNETELLING

Section

740.01 License required; fee

740.02 Requirements of applicants

740.99 Penalty

§ 740.01 LICENSE REQUIRED; FEE.

No person shall practice astrology, fortunetelling, clairvoyancy, palmistry, phrenology or soothsaying, or

intend to profess to tell future events, or predict or prophesy future events or happenings in the municipality,

without first procuring from the Safety/Service Director a license to do so, for which he/she shall pay $10 per day

while so practicing such profession within the municipality. ('70 Code, § 740.01) (Ord. 5661, passed 10-26-53)

Penalty, see § 740.99

§ 740.02 REQUIREMENTS OF APPLICANTS.

No license shall be issued unless satisfactory proof has been furnished the Safety/Service Director that the

applicant has been a bona fide resident of the municipality for 90 days prior to the filing of the application for a

license. ('70 Code, § § 740.02) (Ord. 5661, passed 10-26-53)

§ 740.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be fined not more than $50. Any such violation

shall constitute a separate offense on each successive day continued. ('70 Code, § 740.99) (Ord. 7085, passed

10-8-62)

CHAPTER 750: PEDDLERS, CANVASSERS AND SOLICITORS

Section

750.01 Definitions

750.02 Registration required

750.03 Registration application

750.04 Registration fee; issuance exception

750.05 Registration card; display

750.06 Municipality to post signs advising required registration

750.07 Registration index

750.08 False application; registration revocation

750.09 Appeal of registration revocation

750.10 Registration transferability

750.11 Hours; business on Sunday prohibited

750.12 Prohibited Address’ Listing

750.99 Penalty

§ 750.01 DEFINITIONS.

SOLICITOR, CANVASSER or PEDDLER. Any individual, whether or not a resident of the

municipality, traveling either by foot, wagon, automobile, motor vehicle or any other type of conveyance, from

place to place, from house to house or from street to street, selling, taking or attempting to take orders for

purchases of goods, wares and merchandise, services or tangible personal property of any nature whatsoever,

whether or not for future delivery and whether or not such individual has, or exposes for sale, the subject of such

sale, or whether or not he/she is collecting advance payments of such sales. This definition shall include but shall

not be limited to the following:

(A) Any person who for himself/herself or for another person, firm or corporation hires, leases, uses or

occupies any building, structure or place within the municipality for the exclusive purpose of selling to places

within the municipality, or the taking of orders, or the making of appointments at places within the municipality

by means of telephone communication.

(B) Any person, firm or corporation doing such business within the municipality and any individual

soliciting, canvassing or peddling for or on behalf of such person, firm or corporation. This definition shall not

apply to a minor under the age of 16 years, nor to the local delivery of newspapers and solicitations for

subscriptions for the same, nor to the sale or delivery of food products which are under the jurisdiction of the

City Board of Health, nor to services offered by telephone companies, nor to the sale of services or products

exclusively to commercial or industrial enterprises. ('70 Code, § 750.01) (Ord. 1970-79, passed 4-13-70; Am.

Ord. 1970-96, passed 4-27-70)

§ 750.02 REGISTRATION REQUIRED.

No person shall canvass, solicit or peddle within the municipality unless such person shall have first

registered with the municipality and shall have first obtained an identification card as hereinafter provided.

('70 Code, § 750.02) (Ord. 1970-79, passed 4-13-70) Penalty, see § 750.99

§ 750.03 REGISTRATION APPLICATION.

Any person desiring to register as a solicitor, canvasser or peddler within the municipality shall apply to the

Safety/Service Director or his/her agent shall make written application on a form to be provided by the

municipality, which form shall correctly and truthfully contain the following information:

(A) Name, age and description of the applicant;

(B) Permanent home address and full local address;

(D) A description of the nature of the business and the goods or services to be sold;

(E) The name and address of the employer, together with credentials establishing the exact relationship.

(F) The length of time for which the business is expected to be conducted;

(G) The place where the goods or the property proposed to be sold are manufactured or produced and the

location of the goods or products at the time the application is filed, along with the proposed method of delivery;

(H) Two photographs of the application taken within six months prior to the date of the filing of the

application; such photographs shall be one inch by one inch and shall show the head and shoulders of the

applicant in a clear and distinguishing manner;

(I) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor and, if

any, the nature of the same and the penalty therefor, if any;

(J) The make, model, year and current registration of any motor vehicle used or to be used in the business;

(K) The number and state of issuance of the applicant's driver's license, if any;

(L) The names and addresses of two personal references who are acquainted with the applicant and who

would be willing to submit, upon request, a statement of the character of the applicant;

(M) A description of the method of marketing of the product or service, including a description of the sales

brochure, if any, utilized in such marketing. ('70 Code, § 750.03) (Ord. 1970-79, passed 4-13-70; Am. Ord.

1970-96, passed 4-27-70)

§ 750.04 REGISTRATION FEE; ISSUANCE; EXCEPTION.

(A) The registration application shall be filed by the applicant, who shall attest to the truthfulness of the

statements contained therein. The application shall be accompanied by a fee of $7.50 to compensate the

municipality for the costs incident to the issuance of the registration.

(B) Upon receipt of the fee, the registration shall be issued by the municipality within five days from the

filing of the application, during which time the municipality may verify the contents of the application. The

registration shall be valid for a period of six months from and after the date of the issuance thereof. Every person

desiring to exercise the occupation of a solicitor, canvasser or peddler shall register with the municipality, in

addition to each firm, partnership or corporation also desiring to exercise such occupation. Trainees of persons,

firms or corporations engaged in soliciting, canvassing or peddling shall not be required to be registered in

accordance with this chapter. A trainee is a person who has been employed less than 30 days and who is at all

times accompanied in the conduct of soliciting, canvassing or peddling by one who is registered with the

municipality. ('70 Code, § 750.04) (Ord. 1970-79, passed 4-13-70)

§ 750.05 REGISTRATION CARD; DISPLAY.

The municipality shall, upon registration, issue to the applicant an identification card or badge in a form to

be prescribed by the Safety/Service Director or his/her agent, indicating thereon the registration of the applicant

and the dates during which the registration is valid. The registration card shall be worn by the applicant during

the conduct of all soliciting, canvassing or peddling, upon the outer apparel of the applicant at all times and shall

be displayed to anyone for examination upon his or her request. ('70 Code, § 750.05) (Ord. 1970-79, passed

4-13-70)

§ 750.06 MUNICIPALITY TO POST SIGNS ADVISING REQUIRED REGISTRATION.

The municipality shall cause to be posted at the corporate limits of the municipality and upon all state

highways, an appropriate sign indicating the necessity of registration by solicitors, canvassers or peddlers. ('70

Code, § 750.06) (Ord. 1970-79, passed 4-13-70)

§ 750.07 REGISTRATION INDEX.

The Safety/Service Director or his/her agent shall maintain a permanent index of registration of solicitors,

canvassers and peddlers, indicating thereon appropriate information as taken from the application heretofore

described. ('70 Code, § 750.07) (Ord. 1970-79, passed 4-13-70)

§ 750.08 FALSE APPLICATION; REGISTRATION REVOCATION.

No person shall, in his/her application for registration, set forth any false information. Upon determination

by the municipality that information contained in such application was false, the registration shall forthwith be

revoked by the municipality and, upon demand thereof by the municipality, the applicant shall tender the card to

the municipality, in addition to any other penalties in this chapter. ('70 Code, § 750.08) (Ord. 1970-79, passed

4-13-70) Penalty, see § 750.99

§ 750.09 APPEAL OF REGISTRATION REVOCATION.

Any person whose registration is revoked may, within ten days after the receipt of a revocation notice,

which shall be certified by mail to the address in the application, appeal to the Mayor by filing with the Mayor a

signed, written statement briefly setting forth his/her ground of appeal. The appellant may then appear, in person

or by his/her attorney, before the Mayor at a time and date to be set by the Mayor. The Mayor shall reconsider

the revocation and uphold the revocation or reverse the same. The decision of the Mayor shall be final.

('70 Code, § 750.09) (Ord. 1970-79, passed 4-13-70)

§ 750.10 REGISTRATION TRANSFERABILITY.

No registration granted or issued under this chapter shall be assignable or transferable, nor shall any such

registration authorize any person, other than the one named therein, to do business as a solicitor, canvasser or

peddler, or authorize any other business than is therein mentioned or named to be done or transacted.

('70 Code, § 750.10) (Ord. 1970-79, passed 4-13-70) Penalty, see § 750.99

§ 750.11 HOURS; BUSINESS ON SUNDAY PROHIBITED.

All soliciting, canvassing or peddling done under registration issued hereunder shall be done between the

hours of 9:00 a.m. and 9:00 p.m. on weekdays, including Saturday, and no such soliciting, canvassing or peddling

shall be done on Sundays. ('70 Code, § 750.11) (Ord. 1970-79, passed 4-13-70; Am. Ord. 2001-82, passed 6-25-

2001) Penalty, see § 750.99

§ 750.12 PROHIBITED ADDRESS’ LISTING

All Solicitors, Peddlers and Canvassers shall, prior to beginning to solicit, peddle or canvass, obtain from

the Safety/Service Director his office’s Prohibited Address’ Listing and shall not solicit, peddle, sell or attempt to

or explain a cause to or at any person located at or upon any address listed upon said Prohibited Address’ Listing

or in anyway enter upon those listed premises for any of the aforementioned purposes whatsoever. (Am. Ord.

2001-122, passed 10-22-2001)

§ 750.99 PENALTY.

Whoever violates any of the provisions or requirements of this chapter shall be fined not more than $50.

Each sale or attempted sale made by any person in violation of the provisions of this chapter shall be deemed a

distinct and separate offense. Upon conviction, the municipality shall revoke the registration of any person and

shall demand the return of the identification card issued hereunder, and no further registration shall be issued for

six months following the date of the conviction. ('70 Code, § 750.99) (Ord. 1970-79, passed 4-13-70)

Cross-reference:

Trespassing, see § 642.12

Statutory reference:

Power to regulate, see R.C. § 715.61

CHAPTER 756: SECONDHAND DEALERS

Section

756.01 Definitions

756.02 Permit required; display; scope

756.03 Records; information

756.04 Reports to police

756.05 Retention of articles

756.06 Hours of operation

756.07 Inspection of records

756.08 Use of fictitious name, address or identification

756.09 Prohibited activities

756.99 Penalty

§ 756.01 DEFINITIONS.

As used in this chapter:

SECONDHAND ARTICLE. Any item which has previously been used or worn by another, such as

something which is not new, including jewelry, coins, gold, silver, platinum or other precious metals, stones or

gems, in any form.

SECONDHAND DEALER. A person operating a store, shop or other business outlet for the purpose of

purchasing, selling, exchanging or receiving any secondhand article. ('70 Code, § 756.01) (Ord. 1981-21, passed

3-9-81)

§ 756.02 PERMIT REQUIRED; DISPLAY; SCOPE.

(A) Any person wishing to operate as a secondhand dealer in the municipality shall apply to the office of

the Safety/Service Director for a permit before conducting any business and shall conduct such business only

upon the issuance of such permit.

(B) The permit issued by the Director to the secondhand dealer to engage in such business shall be

displayed in a conspicuous place on the permit premises.

only for the address or location described therein, and cannot be sold, transferred or in any other manner used by,

or apply to, another person or location other than which is described on the permit as issued by the Director.

('70 Code, § 756.02) (Ord. 1981-21, passed 3-9-81)

§ 756.03 RECORDS; INFORMATION.

(A) Every secondhand dealer shall keep and use proper books and forms in which shall be legibly written

in the English language, at the time each purchase or exchange is made, an accurate description of the goods,

articles or items purchased or exchanged, the date of the purchase or exchange, the amount paid per item, the

name, address, social security number and driver's license number, or the State of Ohio identification number, of

the person from whom the item was purchased or exchanged.

(B) When any watch is purchased or acquired through exchange, the secondhand dealer shall write in the

record book the number of the movement, the number of the case and the name of the maker and/or the brand

name. Where jewelry, gold or silver articles of any kind are purchased or acquired through exchange, the permit

holder shall write in the record book all identifying letters or marks inscribed thereon.

purchased or acquired by such secondhand dealer shall have attached to it in a conspicuous place a tag with a

plainly written number on it which corresponds with the same item as entered in the record book. All entries in

the record book shall be in permanent type ink. ('70 Code, § 756.03) (Ord. 1981-21, passed 3-9-81)

§ 756.04 REPORTS TO POLICE.

Every secondhand dealer in the municipality shall deliver or cause to be delivered to the Chief of Police or

head of the Division of Police, each day by 12:00 noon, on forms furnished by the Chief of Police, a legible and

correct copy, written in English, of a complete description of each article purchased or received during the

preceding day. The information shall include the date of purchase, a description which includes the name,

address and signature of the seller from whom an item was purchased or acquired, and such other information as

prescribed by the Division of Police on the form. ('70 Code, § 756.04) (Ord. 1981-21, passed 3-9-81)

§ 756.05 RETENTION OF ARTICLES.

Articles purchased or exchanged shall be retained within the municipality for at least 120 hours from the

time of purchase or exchange and shall not be altered in any manner whatsoever during the retaining period

without the permission of the Division of Police. ('70 Code, § 756.05) (Ord. 1981-21, passed 3-9-81)

§ 756.06 HOURS OF OPERATION.

No person shall operate a secondhand store or carry on the business of a secondhand dealer, as provided in

this section, between the hours of 9:00 p.m. and 7:00 a.m. of the following day, daily. ('70 Code, § 756.06) (Ord.

1981-21, passed 3-9-81) Penalty, see § 756.99

§ 756.07 INSPECTION OF RECORDS.

All books and records which are required to be maintained under this chapter shall be open to inspection by

any of the following persons: The Mayor, the Safety/Service Director, the Chief of Police and any duly

authorized police officer. Upon demand by any of the previously specified persons, the secondhand dealer shall

also produce and show the article or articles thus listed and described which are in his or her possession.

('70 Code, § 756.07) (Ord. 1981-21, passed 3-9-81)

§ 756.08 USE OF FICTITIOUS NAME, ADDRESS OR IDENTIFICATION.

No person shall use a fictitious name or address or provide incorrect or misleading information when

selling, trading, exchanging or otherwise doing business with a secondhand dealer. ('70 Code, § 756.08) (Ord.

1981-21, passed 3-9-81) Penalty, see § 756.99

§ 756.09 PROHIBITED ACTIVITIES.

No secondhand dealer shall receive, purchase or otherwise acquire any item, article or thing from any

minor, or from any habitual drunkard, or from any person who is known by him or her to be a thief or a receiver

of stolen property, or from any person whom he or she has reason to suspect or believe to be any of the

foregoing. ('70 Code, § 756.09) (Ord. 1981-21, passed 3-9-81) Penalty, see § 756.99

§ 756.99 PENALTY.

Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of

the third degree and shall be fined not more than $500 or imprisoned for not more than 60 days, or both, for each

offense. A separate offense shall be deemed committed each day during or on which a violation or

noncompliance occurs or continues. ('70 Code, § 756.99) (Ord. 1981-21, passed 3-9-81)

Statutory reference:

Pawnbrokers, See R.C. Ch. 4727

Secondhand dealers; junkyards, see R.C. Ch. 4737

CHAPTER 760: TAXICABS AND CHAUFFEURED LIMOUSINE

Section

760.01 Definition

760.02 License required

760.03 Application information

760.04 License issuance and fee

760.05 License plate

760.06 License renewal, revocation or suspension

760.07 Liability insurance requirements

760.08 Driver's license required

760.09 Application for driver's license

760.10 Issuance

760.11 Driver's license fees; initial, renewal and loss

760.12 Denial and new application

760.13 Driver's license displayed in vehicle

760.14 Nontransferability

760.15 Driver's license renewals

760.16 Disposition of driver's license upon discontinuance of driving

760.17 Suspension and revocation

760.18 Taxicab or Chauffeured Limousine condition and equipment

760.19 Limitation on number of passengers

760.20 Delivery of property left in taxicab or chauffered limousine

760.99 Penalty

§ 760.01 DEFINITION.

TAXICAB COMPANY. Any motor transportation company which is a corporation, company,

association, joint stock association, firm, person or co-partnership, their licensees, lessees, personal or legal

representatives, trustees, receivers or trustees appointed by any court, when engaged or proposing to engage in a

business of transporting persons or furnishing such transportation for hire, whether directly or by lease or by

other arrangement for the public in general, in or by motor-propelled

CHAUFFEURED LIMOUSINE. A motor vehicle that is designated to carry fewer than nine passengers

and is operated for hire on an hourly basis pursuant to a prearranged contract for transportation of passengers on

public roads and highways along a route under the control of the person hiring the vehicle and not over a defined

and regular route.

PREARRANGED CONTRACT. An agreement, made in advance of boarding, provide transportation

from a specific location in a chauffeured limousine at a fixed rate per hour or trip. “Chauffeured Limousine”

does not include any vehicle that is used exclusively in the business of funeral directing. ('70 Code, § 760.01;

Am. Ord. 1998-110, passed 7-13-98)

§ 760.02 LICENSE REQUIRED.

No taxicab company or chauffeured limousine shall operate motor vehicles for the transportation of persons

for hire within the municipality until an application has been filed and approved by the Safety Director, and a

license has been issued. ('70 Code, § 760.02; Am. Ord. 1998-110, passed 7-13-98) penalty, see § 760.99

§ 760.03 APPLICATION INFORMATION.

Each person or taxicab company or chauffeured limousine desiring to obtain a license shall make

application therefor to the Safety Director setting forth the following facts:

(A) The name of the taxicab company or chauffered limousine with the names of owners, agents and

officers.

(B) The principal place of business and address in the municipality.

(D) The nature of the applicant's business being conducted at the time the application is filed or any other

business proposed to be conducted after the license is granted.

(E) The number, make, model, serial number, engine number, horsepower, capacity and year of the

vehicle, together with the state license and identification tag number.

(F) The number of the drivers used with the vehicles and the dates and numbers of their chauffeur's

license.

(G) A copy of the insurance policy carried by the company as required by § 760.07.

(H) A list of all accidents, collisions, arrests, suits, findings, executions or judgments against the company

and its drivers or individuals connected therewith during the past five years. (’70 Code, § 760.03)

§ 760.04 LICENSE ISSUANCE AND FEE.

The Safety/Service Director, upon approval of the application in accordance with Ch. 760 shall issue the

license required by § 760.02 upon payment of a license fee of $100 for the first vehicle of the company being

licensed and $10 for each vehicle thereafter. ('70 Code, § 760.04) (Ord. 1982-34, passed 3-22-82)

§ 760.05 LICENSE PLATE.

Upon the issuance of the license as provided by § 760.04, Council shall provide for the issuance of a license

plate to the licensee for each motor vehicle to be used as a taxicab or chauffeured limousine. Such license plates

shall be carried upon all taxicabs or chauffeured limousine, and no taxicab or chauffeured limousine shall be

operated without a license plate affixed thereto. ('70 Code, § 760.05; Am. Ord. 1998-120, passed 7-13-98)

§ 760.06 LICENSE RENEWAL, REVOCATION OR SUSPENSION.

The license shall be renewed annually by the Safety/Service Director upon the payment of the fees required

by § 760.04, unless the license has been revoked or suspended by Council for a violation of this chapter.

('70 Code, § 760.06) (Ord. 1982-74, passed 6-14-82)

§ 760.07 LIABILITY INSURANCE REQUIREMENTS.

Each taxicab company or chauffeured limousine company filing an application as provided by § 760.03

shall carry liability insurance on each motor vehicle operated as a taxicab protecting the passengers and the

public against all accidents arising out of the ownership, maintenance or use of such taxicab in the amount of

$100,000 because of bodily injury to or death of one person in any one accident, in the amount of $200,000

because of bodily injury to or death of two or more persons in any one accident, and in the amount of $50,000

because of injury to property of others in any one accident. Duplicate copies of insurance policies covering every

piece of equipment must be filed with the Safety Director. No person shall file a duplicate policy containing a

limitation clause of any kind. The penalty for filing a duplicate policy containing a duplicate clause shall be

forfeiture of the license on the equipment specifically covered by the duplicate policy. It shall be the obligation of

the taxicab company or chauffered limousine company to notify the Safety Director at least 30 days prior to

cancellation of any policy. ('70 Code, § 760.07) (Ord. 1982-74, passed 6-14-82; ; Am. Ord. 1998-110, passed 7-

13-98)

§ 760.08 DRIVER'S LICENSE REQUIRED.

No person shall drive a taxicab or chauffeured limousine within the municipality until he/she has procured a

license to drive such taxicab as provided by this chapter. ('70 Code, § 760.08; ; Am. Ord. 1998-120, passed 7-13-

98) Penalty, see § 760.99

§ 760.09 APPLICATION FOR DRIVER'S LICENSE.

(A) Every application for a license as a driver of a taxicab or chauffeured limousine shall make application

to the Safety Director on blank forms to be supplied and shall furnish such information as may be required. The

application shall be sworn to by the applicant before filing and shall contain a statement that the applicant is:

(1) A citizen of the United States;

(2) Able to speak, read and write the English language;

(3) Over 18 years of age; and

(4) Not addicted to the use of alcohol or drugs.

(5) Have no more than six points on his/her driver’s record as established by O.R.C. 4507.40.

(6) Not have been convicted of a felony involving moral turpitude with the past ten years.

(B) Such affidavit shall be accompanied by the certificates to two reputable citizens of the municipality

to the effect that:

(1) They have known the applicant for more than one year;

(2) They have read over his or her affidavit and from their own knowledge are satisfied that the

statement contained in the affidavit are true.

license under the laws of the state. The applicant shall further file with his/her application two photographs of

himself or herself which shall have been taken within 30 days next preceding the date of application. One

photograph shall be attached to the application. ('70 Code, § 760.09) (Ord. 1981-9, passed 1-12-81; Am. Ord.

1998-110, passed 7-13-98)

§ 760.10 ISSUANCE.

If the Safety/Service Director is satisfied that the applicant for a driver's license is of good moral character

and is a suitable and proper person to operate a taxicab or chauffeured limousine within the municipality, he/she

shall then issue a license to the applicant upon payment of the proper fees. ('70 Code, § 760.10) (Ord. 1974-133,

passed 11-11-74; Am. Ord. 1998-110, passed 7-13-98)

§ 760.11 DRIVER'S LICENSE FEES; INITIAL, RENEWAL AND LOSS.

Every driver of a taxicab or chauffeured limousine shall pay to the Safety Director, upon issuance of the

license, an annual license fee of $10.00 terminating one year from the date of issuance of the license. Taxicab

driver's shall also pay the Safety/Service Director an annual renewal fee of $10.00 to be issued only on the basis

of one year commencing one year from the date of issuance. A fee of $5.00 shall be charged for each lost or

destroyed license replaced by the municipality. ('70 Code, § 760.11) (Ord. 1974-133, passed 11-11-74; Am. Ord.

1998-110, passed 7-13-98)

§ 760.12 DENIAL AND NEW APPLICATION.

When the application for a license to drive a taxicab or chauffered limousine has been denied, no new

application for a license shall be considered for a period of three months. ('70 Code, § 760.12) (Am. Ord. 1998-

110, passed 7-13-98)

§ 760.13 DRIVER'S LICENSE DISPLAYED IN VEHICLE.

The license issued to the driver of a taxicab or chauffeured limousine shall be in writing, and shall have

affixed thereto one of the photographs filed with the Safety/Service Director at the time application for license is

made as required by § 760.09. Such license and photograph shall be at all times conspicuously displayed in the

vehicle driven by such driver. ('70 Code, § 760.13) (Am. Ord. 1998-120, passed 7-13-98) Penalty, see § 760.99

§ 760.14 NONTRANSFERABILITY.

The license to drive a taxicab or chauffered limousine shall not be assigned or transferred. ('70 Code, §

760.14) (Am. Ord. 1998-110, passed 7-13-98) Penalty, see § 760.99

§ 760.15 DRIVER'S LICENSE RENEWALS.

Any licensed driver of a taxicab or chauffered limousine who fails to procure a renewal of the license within

30 days after the expiration thereof shall make a new application, as in the case of original applications.

('70 Code, § 760.15) (Ord. 1974-133, passed 11-11-74; Am. Ord. 1998-110, passed 7-13-98)

§ 760.16 DISPOSITION OF DRIVER'S LICENSE UPON DISCONTINUANCE OF DRIVING.

Every person to whom a license has been issued under the provisions of this chapter shall, upon

discontinuing or abandoning the driving of a taxicab, or chauffered limousine, return such license to the

Safety/Service Director unless the same has been lost or destroyed. ('70 Code, § 760.16) (Ord. 1974-133, passed

11-11-74; Am. Ord. 1998-120, passed 7-13-98)

§ 760.17 SUSPENSION AND REVOCATION.

(A) Whenever it shall appear, upon investigation and hearing by the Safety/Service Director, that a license

has been obtained by misrepresentation, the Director shall revoke such license.

(B) Whenever a driver of a taxicab or chauffeured limousine is convicted of driving a taxicab or

chauffeured limousine during a period for which his/her license has been suspended, it shall be mandatory upon

the Director to revoke the license of such driver. Such driver shall not be eligible to receive a new license for a

period of one year from the date of such revocation.

or of any traffic ordinance of the municipality, or if any such driver shall violate any ordinance of the

municipality or law of the state involving moral turpitude or be found guilty of intoxication, the Director may

forthwith suspend the driver's license for a period of not to exceed the unexpired period of the license or ninety

days, whichever is the longer. ('70 Code, § 760.17) (Am. Ord. 1998-120, passed 7-13-98) Penalty, see § 760.99

§ 760.18 TAXICAB OR CHAUFFERED LIMOUSINE CONDITION AND EQUIPMENT.

Every taxicab or chauffered limousine shall be kept in a safe and sanitary operating condition at all times.

('70 Code, § 760.18) (Am. Ord. 1998-120, passed 7-13-98) Penalty, see § 760.99

§ 760.19 LIMITATION ON NUMBER OF PASSENGERS.

No driver shall carry more passengers in at taxicab or chauffered limousine than the seating capacity of the

vehicle, exclusive of the driving seat, as stated in the license application required by § 760.03. ('70 Code, §

760.19) (Am. Ord. 1998-120, passed 7-13-98) Penalty, see § 760.99

§ 760.20 DELIVERY OF PROPERTY LEFT IN TAXICAB OR CHAUFFERED LIMOUSINE.

It shall be the duty of a taxicab or chauffered limousine to promptly deliver, to the police or to the operator

of the taxicab or chauffered limousine or his/her authorized agent, all property of value left in such taxicab or

chauffered limousine by passengers. ('70 Code, § 760.20) (Am. Ord. 1998-120, passed 7-13-98) Penalty, see

§ 760.99

§ 760.99 PENALTY.

Whoever violates any provisions of this chapter shall be fined not more than $150.00. Any such violation

shall constitute a separate offense on each successive day continued. ('70 Code, § 760.99) (Ord. 7085, passed

10-8-62; Am. Ord. 1998-120, passed 7-13-98) (Ord. 2010-51, passed 6-15-2010)

Cross-reference:

Taxicab stands, see § 351.10

Statutory reference:

Power to establish standards and fix rates, see R.C. § 715.25

Power to regulate, see R.C. §§ 715.22 and 715.66

CHAPTER 770: LATE NIGHT SALES AND ESTABLISHMENTS

Section

770.01 Definitions

770.02 Requirements for late night sales

770.99 Penalty

§ 770.01 DEFINITIONS.

(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates

or requires a different meaning.

LATE NIGHT GAS STATION. Any person, partnership, corporation or other entity which sells gasoline

or other petroleum fuel to the public between the hours of midnight and 6:00 a.m.

LATE NIGHT RETAIL ESTABLISHMENT. Any person, partnership, corporation or other entity which:

(1) Derives 50% or more of its gross income from the sale of goods, merchandise or other articles of

value; and

(2) Sells goods, merchandise or other articles of value in their original containers between the hours

of 10:00 p.m. and 6:00 a.m. (Am. Ord. 1999-65, passed 5-24-99)

(B) Specifically excluded from these definitions are establishments whose owners are the sole operators

and/or clerks present during the subject hours of operation. ('70 Code, § 770.01(a)) (Ord. 1985-117, passed

12-23-85; Am. Ord. 1986-3, passed 1-6-86)

§ 770.02 REQUIREMENTS FOR LATE NIGHT SALES.

(A) All late night retail establishments and late night gas stations shall:

(1) Post a sign in the window which is conspicuous and states that there is a safe on the premises and

it is not accessible to the employees on the premises.

(2) Post a sign in the window which is conspicuous and states that the cash register has $50 or less in

it.

(3) So arrange the signs posted in the windows so as to provide a clear and unobstructed view of the

interior of the store. In no case, shall signs obstruct the view of the register from the street.

(4) Have a dropsafe on the premises which is bolted to the floor or weighs at least 500 pounds.

(5) Position their registers so that those in close proximity to the registers are visible from the street.

(6) The area of the parking lots of late night retail establishments and gas stations commonly utilized

by customers and employees shall be lighted and maintained at a minimum of five footcandles per square foot.

The level of lighting shall be measured at a height of three feet above pavement level.

(7) Have an enclosed, secured area for employees, or maintain more than one employee during the

hours set forth above and acceptable alarms or systems that are designed to directly provide immediate

notification to the Marion Police Department of a robbery or other life threatening situation.

(B) All ordinances previously enacted remain in effect, except changes made to section 770.01 (A)(2) and

770.02 (A)(7) which shall be effective September 1, 1999. ('70 Code, § 770.01(b)) (Ord. 1985-117, passed

12-23-85; Am. Ord. 1986-3, passed 1-6-86; Am. Ord. 1999-65, passed 5-24-99)

§ 770.99 PENALTY.

Any person, partnership, corporation or entity which violates any provision of this chapter is guilty of a

misdemeanor of the third degree; on each subsequent offense such person, partnership, corporation or other

entity is guilty of a misdemeanor of the first degree. ('70 Code, § 770.99) (Ord. 1985-117, passed 12-23-85; Am.

Ord. 1999-65, passed 5-24-99)

CHAPTER 780: TOW TRUCKS

Section

780.01 Definitions

780.02 License required

780.03 License application

780.035 License for partial year

780.04 Issuance of license

780.05 Expiration of licenses

780.06 Assignment or transfer of licenses

780.07 License denial, suspension or revocation

780.08 Hearings on charges; decisions

780.09 Advisory board

780.10 Function of the board

780.11 Judicial review

780.12 Official acts used as evidence

780.13 Separability clause

780.14 Liability insurance required

780.15 Extent of insurance

780.16 Identification of tow trucks

780.17 Transport sheet required

780.18 Required records

780.19 Authority to issue rules and regulations

780.99 Penalty

§ 780.01 DEFINITIONS.

CLASS I LICENSE. That type of license required for a business whose TOW VEHICLE GVW (Gross

Vehicle Weight) is less than 15,000 pounds.

CLASS II LICENSE. That type of license required for a business whose TOW VEHICLE GVW (Gross

Vehicle Weight) rating is 15,000 pounds or more.

DIRECTOR. The Safety/Service Director of the City of Marion.

DRIVER or OPERATOR. Every person who drives or is in actual physical control of a tow truck on a

public street or public right of way within the municipality.

OWNER. A person who holds the legal title of a tow truck, or in the event a tow truck is the subject of an

agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions

stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, then

such conditional vendee or lessee, shall be deemed the owner for purposes of this chapter.

PERSON. Every natural person, firm, co-partnership, association of corporation.

TOWING. The act of pulling or dragging any vehicle behind the wrecker or tow truck which is doing such

pulling or dragging. Said towed vehicle can be self supporting, carried on a dolly type platform, or be supported

on any other item necessary to facilitate such towing.

WRECKER or TOW TRUCK. Every motor vehicle which is designed and used to tow or transport any

other motor vehicle chapter, the terms wrecker and tow truck shall be synonymous. (Ord. 1991-34, passed

3-11-91)

§ 780.02 LICENSE REQUIRED.

Any owner and/or operator conducting towing services and related activities with the municipality is

required to obtain all licenses pursuant to this chapter prior to engaging in this type of activity or business.

(Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.03 LICENSE APPLICATION.

Every application for such license as required by § 780.02 shall be made in person at the office of the

Safety/Service Director on forms provided and such pertinent information as the Director may deem necessary

shall be given under oath. It shall be mandatory rejection of such application or revocation of any issued license

if any of the required applications information is misrepresented or untrue.

(A) Each towing owner or business shall be issued a license upon payment of a $40 fee per year, for each

license classification requested. Each application for the replacement of a lost, stolen or missing license shall be

accompanied by $5.

(B) Each tow truck operator license shall be issued upon payment of a $15 fee, and renewals thereof may

be issued for a fee of $8. Each application for the replacement of a lost, stolen or missing license shall be

accompanied by a fee of $5.

returned to the applicant, otherwise the fees collected under the provisions of this chapter shall be placed to the

credit of the General Fund of the municipality. (Ord. 1991-34, passed 3-11-91)

§ 780.035 LICENSE FOR PARTIAL YEAR.

(A) The fee for any owner or business license obtained after the first day of July of any year shall be

one-half of the original fee.

(B) The fee for any tow truck operator's license required pursuant to this chapter shall remain unaffected by

the terms of this section. (Ord. 1991-34, passed 3-11-91)

§ 780.04 ISSUANCE OF LICENSES.

(A) Upon approval of the tow truck owner's application, a license and window sticker shall be issued to the

owner by the Safety/Service Director. The window sticker shall be placed in the lower right hand corner of the

windshield of all the owners tow trucks covered by the class of license.

(B) Upon approval of a tow truck operator's application, an I.D. card shall be issued to the operator which

will be carried when in physical control of a tow truck. This license shall be available for inspection upon request

of the Director or a police officer. (Ord. 1991-34, passed 3-11-91)

§ 780.05 EXPIRATION OF LICENSE.

(A) All licenses issued pursuant to the provisions of this chapter, shall expire on the last day of December

following issuance, unless revoked by the Safety/Service Director.

(B) The unused portion of any fee collected for a currently existing license shall be credited toward the

purchase of any new license required under this section. Such credit shall be computed on the basis of the

number of entire quarters remaining in the term of the existing license, which shall expire hereunder. (Ord.

1991-34, passed 3-11-91)

§ 780.06 ASSIGNMENT OR TRANSFERS OF LICENSES.

(A) No license issued for any towing business under the provisions of this chapter shall be assigned or

transferred to any other business or truck without the approval of the Safety/Service Director.

(B) No license issued to any tow truck operator under the provisions of this chapter shall be assigned or

transferred to any other person. (Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.065 RESPONDING TO THE SCENE OF AN ACCIDENT.

No person, firm, corporation, or other entity shall respond to the scene of an accident, vehicle breakdown or

other disabled vehicle for the purpose of soliciting business, or service for compensation of any kind whatsoever

unless either summoned by a person having a direct interest in the vehicle or vehicles involved or dispatched

thereto as provided in the rules and regulations promulgated by the Safety/Service Director pursuant to § 780.19.

(Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.07 LICENSE DENIAL, SUSPENSION OR REVOCATION.

(A) The Safety/Service Director may deny the issuance of any tow truck owner's or operator's license to

any person who fails to furnish satisfactory evidence of a good moral character, or to any person, who upon

investigation, clearly lacks qualifications and fitness to be licensed under this chapter. Any license granted or

issued pursuant to the terms of this chapter to an owner or an operator may be suspended or revoked at any time

by the Director upon satisfactory proof of the violation of any provision of this chapter, or upon satisfactory

proof of the violation of any of the rules and regulations which the Director promulgates pursuant to § 780.020,

or for any of the reasons which could have been grounds for the refusal to issue an original license. If a license is

suspended or revoked after a hearing as set forth in § 780.08, said license shall be surrendered to the Director's

Office within five days of notification of such suspension or revocation and the window sticker shall be

destroyed.

(B) Any violation of the rules and regulations pertaining to the volunteer towing list will, upon satisfactory

proof to the Director, result in the immediate removal of the offending tow truck business or tow truck operator

from said list. The removed party shall be given the opportunity to appear before the Wrecker Advisory Board

for the purpose of explaining the activities which led to the removal from said list, or for the purposes of refuting

any evidence presented which led to the removal from said list. Notice of the removal from the volunteer towing

list shall be sent to the removed party within three days following removal. Notice of intent on the part of the

removed party to appear before the Wrecker Advisory Board shall be sent to the Safety/Service Director's Office

within three days following receipt of notification of removal from the list. In the event the said violation

warrants, further action may be taken against the tow truck or tow truck operator pursuant to the terms as set

forth in this section. (Ord. 1991-34, passed 3-11-91)

§ 780.08 HEARINGS ON CHARGES; DECISION.

No license shall be suspended or revoked until after a hearing had before a hearing officer or employee

designated for such purpose by the Safety/ Service Director. Notice to the licensee shall be at least ten days prior

to the hearing; notice shall be served either personally or by registered mail and shall state the date and place of

hearing and set forth the ground or grounds constituting the charges against the licensee. The licensee or

registrant shall be heard in his/her defense either in person or by counsel and may produce witnesses and testify

in his/her own behalf. A stenographic record of the hearing may be taken. The hearing may be adjourned from

time to time. The person conducting the hearing shall make written report of his/her findings and a

recommendation to the Director for a decision. A copy of the written report shall be sent to the counsel and to the

Advisory Board. The Director shall review such findings and recommendations and, after due deliberation, shall

issue an order, accepting, modifying or rejecting such recommendation and dismiss the charges or suspending or

revoking the license. For the purpose of this section the Director or any hearing officer or employee designated

by him/her, may administer oaths, take testimony, subpoena witnesses, and compel the production of books,

papers, records, and documents deemed pertinent to the subject of investigation. (Ord. 1991-34, passed 3-11-91)

§ 780.09 ADVISORY BOARD.

(A) There is hereby established a Wrecker Advisory Board in the Office of the Director. The Board shall

consist of the Director or his/her designate, and four other members appointed by the Mayor, and one of the

members so appointed shall be designated by the Mayor as Chairperson. Of the four appointed members, two

shall be actively engaged in the wrecker, towing business, one representing the owners and one the drivers; and

one shall be a public member; and one shall be a member of the insurance industry. Each appointed member shall

serve a term of four years and until his/her successor is appointed and qualified except for the first two

appointees who shall serve for two years each. Of the first members appointed to serve on this Advisory Board,

two shall be appointed for a term of two years, and two for a term of four years.

(B) The members of the Board shall serve without compensation but may be reimbursed for their actual

and necessary expenses in attending meetings of the Board.

designated by the Director. (Ord. 1991-34, passed 3-11-91)

§ 780.10 FUNCTION OF THE BOARD.

(A) The Board shall advise and consult with the Safety/Service Director concerning practices in the

wrecker, towing business, the administration of this chapter, and the rules and regulations adopted to implement

this chapter.

(B) The Board shall undertake activities to encourage high standards of honesty, fair business practices,

and public responsibility in the wrecker, towing business, and

suspension proceeding in which the Director may request the Board to conduct such hearing.

(D) The City Attorney shall designate a member of his/her staff to act and serve as counsel to the Advisory

Board to be present at or to review and summarize all hearings and proceedings for suspension and revocation of

licenses. (Ord. 1991-34, passed 3-11-91)

§ 780.11 JUDICIAL REVIEW.

The action of the Safety/Service Director in suspending, revoking, or refusing to issue or renew a license

may be reviewed by appeal to the Board of License Appeals pursuant to § 780.06. The Director shall be

represented by the Law Director. (Ord. 1991-34, passed 3-11-91)

§ 780.12 OFFICIAL ACTS USED AS EVIDENCE.

The official acts of the Safety/Service Director and the Department shall be prima-facie evidence of the

facts therein and shall be entitled to be received in evidence in all actions at law and other legal proceedings in

any court or before any board, body or officer. (Ord. 1991-34, passed 3-11-91)

§ 780.13 SEPARABILITY CLAUSE.

If any portion of this chapter, or any section or part of a section shall be declared by a court of competent

jurisdiction to be invalid, such declaration shall be limited solely to that portion, section, or part of section that

was directly involved in the controversy before the court upon which judgment was rendered, and shall not affect

or impair the validity of the remainder of the chapter. (Ord. 1991-34, passed 3-11-91)

§ 780.14 LIABILITY INSURANCE REQUIRED.

(A) No license to operate any wrecker or tow truck shall be issued or renewed by the Safety/Service

Director and it shall be unlawful to operate or permit the operation of any such wrecker unless and until the

owner of the same shall deposit and maintain on deposit with the Director a copy of an existing insurance policy

or evidence acceptable to the Director of such policy of an insurance company duly licensed to transact such

business in the state, provided such insurance is written through a citizen of the state duly licensed as provider by

R.C. § 3905.30 et seq., insuring within the amounts specified in such policy the owner of such tow truck and also

any person operating the same in the municipality under the authority of such owner, whether such authority be

under contract or employment, lease, or other transaction of the owner or owner's assignee or lessee and such

person operating such wrecker against loss from liability imposed by law for damages on account of bodily

injuries or death or for damages to property, other than employees, resulting from such ownership, maintenance

or use of such wrecker in the municipality, and agreeing to pay to any judgment creditor to the extent of the

respective amounts specified in such policy, any final judgment rendered against the insured or such operator by

reason of such liability.

(B) In addition to the insurance required in division (A) of this section, a garage keeper's legal liability

policy covering fire, theft, and explosion shall be required. A company not storing vehicles may, on approval of

the Safety/Service Director, submit an affidavit which shall state that liability coverage is in effect to cover each

vehicle towed while in their cars, custody and control pursuant to § 780.15(B). A violation of the terms contained

in the tow owner insurance affidavit will be cause for the suspension or revocation of tow truck owner licenses.

the event of any material change or cancellation. (Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.15 EXTENT OF INSURANCE.

(A) The limit in any such insurance policy described in § 780.14 of such liability of the insured or account

of the ownership, maintenance, and use of each tow truck shall not be less than $50,000 for bodily injuries to or

death of one person, and subject to such limit as to injury or death of one person; $100,000 on account of any one

accident resulting in injuries to or death of more than one person; and $25,000 on account of legally liable

damage to property in any one accident.

(B) Fire, theft, and explosion liability policy shall be in a minimum amount of $10,000. (Ord. 1991-34,

passed 3-11-91)

§ 780.16 IDENTIFICATION OF TOW TRUCKS.

Every person owning and/or operating a tow truck under a license from the municipality may adopt any

trade name, design, color scheme or method of painting or lettering such tow trucks that is approved by the

Safety/Service Director. Such approved trade name, design, color scheme or method of painting or lettering shall

include the following matter as specified:

(A) The name of the owner or trade name under which the business is conducted shall be painted on each

side of the tow truck in lettering at least four inches in height. The telephone number shall also be painted on

each side of the tow truck in lettering to be clearly visible. Whenever the word PAINT or PAINTED is used in

the chapter, it shall mean the application of coloring matter in oil solution; not water solution, but decals may be

used instead of paint.

(B) The owner of the tow truck may have until the second annual inspection to comply with the size

requirement of lettering if at the time of the original inspection the tow truck is lettered with a trade name, and

telephone number. (Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.17 TRANSPORT SHEET REQUIRED.

Tow truck operators shall at all times, when transporting and storing vehicles under the authority of this

chapter, have and maintain a copy of the Towed Vehicle Authorization Form. This form shall not be required

when the vehicle involved is owned by the municipality. (Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.18 REQUIRED RECORDS.

The owner/operator of a towing business, operating under the authority of this chapter shall maintain an

accurate and complete file of all vehicles towed, impounded or assistance provided. The owner/operator of the

business shall file by date of occurrence, all Towed Vehicle Authorization Forms.

(A) Fifteen days after a vehicle has been in storage the owner or his/her designee shall file the required and

appropriate forms to cause for the proper disposal of the held vehicle.

(B) Each towing business operating under the authority of this chapter shall, be responsible to forward to

the Marion Police Department at the beginning of each month a list of all vehicles being held pursuant to Chapter

549.

available for inspection. (Ord. 1991-34, passed 3-11-91) Penalty, see § 780.99

§ 780.19 AUTHORITY TO ISSUE RULES AND REGULATIONS.

The Safety/Service Director shall promulgate a set of rules and regulations to implement this chapter as

he/she deems proper. (Ord. 1991-34, passed 3-11-91)

§ 780.99 PENALTY.

Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor. Any such violation

shall constitute a separate offense on each consecutive day continued. (Ord. 1991-34, passed 3-11-91)