Ohio Constitution Article XVIII - Municipal Corporations
Ohio Constitution – Article XVIII: Municipal Corporations
Article XVIII of the Ohio Constitution, adopted in 1912, provides the legal framework for the organization, powers, and home rule authority of cities and villages in Ohio. This article empowers municipalities to govern themselves more independently from the state legislature.
🔑 Key Sections and Provisions:
Section 1: Classification
Municipal corporations are classified as:
Cities: if the population is 5,000 or more.
Villages: if the population is less than 5,000.
Section 2: General Powers of Municipal Corporations
Municipalities have authority to:
Exercise all powers of local self-government.
Adopt and enforce local police, sanitary, and other regulations, as long as they do not conflict with general state laws.
Section 3: Home Rule Powers
Municipalities have the power to:
Adopt a charter for self-governance.
Determine their form of government, subject to the Constitution and general laws.
Section 4: Charter Adoption Procedure
A municipality may frame and adopt or amend its own charter via:
A vote by its people.
A charter commission elected for this purpose.
Section 5: Charter Powers
If a municipality adopts a charter, it may:
Exercise all powers of local self-government, even in areas where state law exists, unless specifically prohibited.
Section 6: Local Laws and Police Regulations
Municipalities can enact local laws or police regulations that do not conflict with general state laws.
If a municipality adopts a charter, it can regulate matters of purely local concern, even if state laws exist on the subject.
Section 7: Utility Ownership
Municipalities may own and operate utilities (e.g., water, electricity, transportation systems).
They may sell services to their residents and to neighboring communities.
Section 8: Utility Regulation and Taxation
Municipal utilities are exempt from state regulation and taxation unless otherwise provided by law.
Section 9: Franchises
Municipalities may grant public utility franchises (e.g., gas, electric, transit) but:
Must submit any franchise longer than 5 years to a public vote.
Section 10: Repeal of Existing Conflicting Laws
Repeals prior constitutional provisions and laws that conflict with Article XVIII.
📌 Purpose and Impact of Article XVIII (Home Rule Amendment):
Strengthens local autonomy.
Shields municipalities from excessive state interference in local matters.
Encourages local democracy through charter government.
Empowers localities to address unique community needs with tailored laws and regulations.
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