'ROCKY RIVER'S
CITIZEN BILL OF
RIGHTS'
"Proposed Rocky River
Charter Addition"
ARTICLE I
MUNICIPAL POWERS
The City of Rocky River shall have all the powers of local
self government which may now or hereafter lawfully be granted to a municipal
corporation under the Constitution and laws of the State of Ohio.
All such powers shall be exercised in the manner prescribed by
this Charter, or to the extent not prescribed hereby, then in such manner as the
Council may determine and when not prescribed by Charter or determined by
Council, then in such manner as may now or hereby be provided by the General
Laws of Ohio.
BE
AMENDED TO READ:
ARTICLE I
MUNICIPAL POWERS
Section 1. General Powers.
The City of Rocky River shall have all the powers of local
self government which may now or hereafter lawfully be granted to a municipal
corporation under the U.S. Constitution and laws of the State of Ohio.
All such powers shall be exercised in the manner prescribed by
this Charter, or to the extent not prescribed hereby, then in such manner as the
Council may determine and when not prescribed by Charter or determined by
Council, then in such manner as may now or hereby be provided by the General
Laws of The United States and The State of Ohio.
Section 2. Restrictions.
PREAMBLE TO THE BILL OF RIGHTS
WE THE PEOPLE of Rocky River want to prevent misconstruction and abuse of
Rocky River’s Municipal Powers and to increase public confidence and to
guarantee a beneficial Government. These declaratory and restrictive clauses are
added.
THE BILL OF RIGHTS
(a.) Council shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
(b.) A well regulated Militia, being necessary
to the security of a free State, the right of the people to keep and bear Arms,
shall not be infringed.
(c.) No Soldier shall, in time of peace be
quartered in any house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
(d.) The right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable
cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
(e.) No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
(f.) In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense.
(g.) In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be preserved, and
no fact tried by a jury, shall be otherwise reexamined in any Court of the
United States, than according to the rules of the common law.
(h.) Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
(i.) The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the people.
(j.) The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people.
FRED I. SOKOL
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