Canton Township seeks limited home rule. Here's what could change (2024)

Grace Springer, Canton Repository

·4 min read

CANTON TWP. – Limited home rule will be on the ballot in Canton Township.

The issue will come before voters in November. If granted, Canton Township trustees will have more local governance power.

Trustee Keith Hochadel said the change will allow township officials to have more control over yard waste, transient vendors and animals, among other things.

"We're looking to operate a lot more efficiently and address the needs of our community," he said. "It gives us the ability to make some certain decisions based on local need, rather than leaving those decisions up to the state to control."

Hochadel said the township has been considering establishing limited home rule for a while, but potential state legislation that would eliminate statutory townships' zoning power motivated the trustees to act now. Townships with limited home rule wouldn't be affected by the legislation.

"There was some concern that townships that did not have home rule, maybe they would be abolishing some of the zoning," he said. "While that legislation appears to have slowed, maybe stalled, it was enough to get our attention because we believe the ability to zone within our township is essential to growth."

Heidi Fought, executive director of the Ohio Township Association, said the state has yet to move forward with the legislation.

"Just because there's no bill in place right now doesn't mean it wouldn't come up next year," she said. "Townships are right to be proactive to try to keep whatever authority they currently have."

There are currently 34 townships in the state with limited home rule, according to what has been reported to the Ohio Township Association. In Stark County, Jackson, Perry and Plain have limited home rule.

What is limited home rule?

Limited home rule gives townships increased authority within unincorporated areas of the township.

"Limited is a key word in that phrase," Fought said. "Townships that have home rule, they can do things that statutory townships can't do, but within reason."

For example, limited home rule townships cannot create new taxes, impose criminal penalties, establish subdivision regulations or exercise any power in conflict with state laws.

Ohio townships with home rule have enacted drainage, erosion and sediment control, access management regulations and littering fines.

Jackson Township Trustee Todd Hawke said having limited home rule makes it more efficient to govern locally.

"You have the ability to create resolutions that non-home rule townships just can't do. They just have to follow the statute exactly as it reads," Hawke said. "It gives you the ability to be more responsive to your residents."

With home rule, Jackson Township has its own police force, is able to regulate garbage collection and can issue citations, among other things.

If limited home rule passes in Canton Township, the government structure will remain mostly the same. The township will continue to operate with three elected trustees and a fiscal officer and all resolutions still must be considered at a public trustees meeting.

How would Canton Township take advantage of limited home rule?

With limited home rule, Canton Township could establish its own police force, but Hochadel said there are no plans to do so. The Stark County Sheriff's Office currently acts as the township's police force under a contract. He said having home rule would strengthen that relationship.

"We would be expanding that somewhat," Hochadel said. "We'd have more of a presence than what we have now."

The township, which has more than 12,000 residents, would also have the ability to issue citations and fine violators of local rules.

For example, the township currently requires door-to-door salesmen to register and acquire a transient vendor license, but there is little they can do to enforce the rule.

"We can tell them they need a transient vendor license and we can have the sheriff come and dissuade them from doing things, but there's no ability to issue violations," Hochadel said.

He said having home rule would allow the township to better address concerns of residents.

"This is a response not only to some of the things that we see, but also some of the questions that the community has had as well," Hochadel said. "Sometimes there are requests of us to do things that [we can't do]. We can send the sheriff out to have a conversation with people but oftentimes our hands are tied. This will give us an opportunity moving forward and we'll see what happens."

This article originally appeared on The Repository: Trustees want limited home rule in Canton Township

Canton Township seeks limited home rule. Here's what could change (2024)

FAQs

What does Dillon's rule mean with respect to local government what does home rule mean? ›

Dillon's Rule takes a narrow approach to local authority, essentially stating that local governments only have the powers expressly granted to them by the state. Home Rule gives local governments greater autonomy and limits the power of states to interfere in local affairs.

What is home rule and how does it affect cities? ›

What is Home Rule? Home Rule is granted by state constitution or state statute and allocates some autonomy to a local government, if the local government accepts certain conditions. Home Rule implies that each level of government has a separate realm of authority.

How is a home rule charter similar to a small constitution for a home rule city? ›

As presently written in article XI, section 5 of the California Constitution, the home rule doctrine allows charter cities to “make and enforce all ordinances and regulations in respect to municipal affairs” and makes these laws supreme over “all laws inconsistent therewith.” This doctrine grants charter cities broad ...

What power does Home Rule give local government? ›

In some states, known as home rule states, the state's constitution grants municipalities and/or counties the ability to pass various types of laws to govern themselves (so long as the laws do not conflict with the state and federal constitutions).

What is the simple definition of Home Rule? ›

a political arrangement in which a part of a country governs itself independently of the central government of the country.

What is the home rule in Ohio? ›

The Home Rule Amendment to Ohio's Constitution vest with municipalities the power to legislate on issues of most concern to that locality. Ideally, the concept of home rule creates shared powers between the state and the municipality.

What are cities able to do under municipal home rule? ›

“Home” rule refers to the discretionary authority granted to political subdivisions. This includes the ability to decide government form, structure, functions, fiscal, and regulatory matter without being required to seek approval from the state.

What is the importance of home rule? ›

Home rule allows citizens greater control over the issues that concern their region. It encourages citizen involvement at the local level. It also speeds up the process of governing by avoiding the need to pursue issues with the larger government.

What is the status of local government power under Dillon's rule? ›

Dillon's Rule (named for a 19th-century Iowa Supreme Court judge) guides courts in interpreting the states' grants of authority. Under Dillon's Rule, local governments possess only those powers specifically delegated to them by state law, or fairly implied from expressly granted powers.

What is the difference between a city charter and home rule? ›

1) Home Rule is self-governance in its ultimate form. The Charter is written by the citizens , adopted by the citizens and defines the local government.

What is the main difference between a home rule city and a general law city? ›

There are two types of cities in California: charter cities, which possess "home rule" powers and which may legislate free of interference in matters of municipal affairs; and general-law cities, which are sub ject to the general laws of the state. (See chart at left, How California's Cities Are Governed.)

What is Dillon's rule and the birth of Home Rule? ›

Whereas under Dillon's Rule it is assumed that a city does not have a particular power unless granted by the legislature, broadly speaking, the opposite is true with home rule. Under home rule, it is assumed that a municipality has a power unless it is expressly denied by state statute or constitution.

What is Home Rule quizlet? ›

Home Rule. a state's powers of governing its citizens without federal government involvement.

What is Dillon's rule quizlet? ›

Dillion's Rule. (D)A court ruling that local governments do not have any inherent sovereignty but instead must be authorized by state government.

What is the Dillon rule states that all local government must be authorized? ›

Dillon's Rule (named for a 19th-century Iowa Supreme Court judge) guides courts in interpreting the states' grants of authority. Under Dillon's Rule, local governments possess only those powers specifically delegated to them by state law, or fairly implied from expressly granted powers.

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