Section 1. All ordinances passed by the city
council of said City of Chillicothe shall provide for a single object
only, which shall be clearly set out in the title thereof.
Section 2. The style of all ordinances shall
be: "Be it Ordained by the Mayor and City Council of the City of Chillicothe,"
but may be entitled when ordinances are published in book or pamphlet
form, as herein prescribed.
Section 3. Every ordinance imposing any fine,
penalty or imprisonment, or forfeiture, for violation of its provisions,
shall after the passage thereof be published in the official newspaper
of said city, and proof of such publication, by the affidavit of the
printer or publisher of such newspaper, taken before any officer authorized
to administer oaths, and filed with the city clerk, or any other competent
proof of such publication shall be conclusive evidence of the legal
publication, and promulgation of such ordinance in all courts and
places. Ordinances passed by the city council and requiring publication
shall be in force from and after due publication thereof, unless it
be otherwise provided. Ordinances not requiring publication shall
take effect and be in force from and after their passage, unless it
shall be therein otherwise expressly provided.
Section 4. The ordinances of said city, as
revised under this charter, which are of a general character, shall
be published within six months after the passage of this act, and
it shall be the duty of the city council to cause to be printed in
pamphlet form for distribution at the end of each municipal year all
ordinances passed during the said year and then in force.
Section 5. In pleading any ordinance of said
city, or a right derived therefrom, it shall be sufficient to refer
to such ordinance by its title and the day of its passage.
Section 6. All ordinances, regulations and
resolutions now in force, and not inconsistent with the provisions
of this act, shall remain and be in force until altered, modified
or repealed by the city council.
Section 7. All actions brought to recover any
penalty or forfeiture incurred under this Act, or any ordinance, by-law
or police regulations made in pursuance thereof, shall be brought
in the corporate name. It shall be lawful to declare generally in
debt for such penalty, fine or forfeiture, stating the clause of this
act or the by-laws or ordinances under which this penalty or forfeiture
is claimed, and to give the special matter in evidence under it.
Section 8. In all prosecutions for any violations
of any ordinance, by law or other regulation of such city, the first
process shall be by summons, unless oath or affirmation be made for
a warrant as herein provided.
Section 9. A warrant shall be issued in all
cases in favor of the City of Chillicothe, for a violation of any
ordinance, by-law or other regulations, when any person shall make
an oath or affirmation that such a violation has been committed or
upon information by the city attorney, marshal or constable.
Section 10. The mayor, councilmen, marshal
or his deputies and all public officers shall be conservators of the
peace, and all officers of the city created conservators of the peace
by this act, or authorized by any ordinance, shall have power to arrest
or cause to be arrested, with or without process, all persons who
shall break the peace, or be found violating any ordinance of the
city, commit for examination, and if necessary, detain such persons
overnight or the Sabbath, in the city prison or any other safe place,
or until they can be brought before the city recorder, and shall have
and exercise such other powers as conservators of the peace as the
city council may prescribe.
Section 11. This act shall not invalidate any
legal act done by the city council or by its officers, nor divest
their successors under this act of any right or property or otherwise,
or liability which may have accrued to or been created by said corporation
prior to the passage of this act, and all rights, actions, fines,
penalties and forfeitures, in suit or otherwise, which have accrued
from the several acts heretofore in force, shall be vested in and
prosecuted or defended by said corporation.
Section 12. No person shall be an incompetent
judge, justice, witness, or juror, by reason of his being an inhabitant
or freeholder in the City of Chillicothe in any action or proceeding
in which said City shall be a party in interest.
Section 13. This act is hereby declared to
be a public act, and may be read in evidence, in all courts of law
and equity in this State, without further proof, when specially pleaded.
Section 14. The General Assembly may at any
time alter, amend or repeal this charter.
Section 15. The mayor and city council of said
City of Chillicothe shall, immediately after the passage of this act,
promulgate the same within the limits of said city, in such manner
as in their discretion they shall think proper.
Section 16. All other acts or parts of acts,
heretofore passed, inconsistent with the act incorporating said City
of Chillicothe, are hereby repealed.
Section 17. This act shall take effect and
be in force from and after its passage.
Approved 26th February, 1869. (Acts 1869, page 96.)