An Official Update from the Village of Cleves, OHIO-October 22, 2025

Cleves Council Invokes Home Rule to Protect Resident Property and Individual Rights with Open Burn Ordinance

Understanding Ohio’s Open Burning Law: Applicability and Home Rule Rights 

Ohio’s open burning regulations, specifically the Ohio Revised Code (O.R.C.) Section 1503.18 is designed to protect communities from wildfire dangers, especially during the high-risk months of March, April, May, October, and November.

However, it’s important to understand where this law applies and how local governments, such as villages, may have different rules. 

Where Does O.R.C. 1503.18 Apply? 

O.R.C. 1503.18 prohibits most outdoor open burning in unincorporated areas of Ohio during the specified months and hours (6 a.m. to 6 p.m.). Unincorporated areas are regions outside the boundaries of cities and villages—typically rural townships. The law is enforced by the Ohio Division of Forestry and is intended to reduce wildfire risk by restricting burning yard waste, trash, and debris, even in approved burn barrels, during these periods. [ohiodnr.gov] 

The Village of Cleves has the authority to create and ordinance that prevents the enforcement of ORC 1503.18 because we are a municipal corporation, governed by the Ohio Constitution’s “home rule” provision (Article XVIII), which grants us the authority to adopt and enforce our own local regulations, including those related to fire safety and open burning. [lsc.ohio.gov] 

Home Rule Authority 

Under home rule, the Village of Cleves has the right to: 

• We have the power to create our own ordinances regarding open burning. 

• Set the policy for the Miami Township Fire Department's operations within our jurisdiction. 
• 
• We can enforce our rules even if they differ from the Ohio Revised Code, provided they do not conflict with general state law. 

Having "Home Rule Authority" means that the Village of Cleves can establish its own open burning regulations, which fire departments must follow, even if those rules are more or less restrictive than the state's regulations for unincorporated areas.  

Why Is This Important? 

If you live or work in the Village of Cleves, the open burning rules are now different from those in the rest of Miami Township, which is unincorporated.

That is why your Village Council enacted Ordinance 27-2025 at last week's council meeting. Last year, we were ordered to shut down by the Miami Township Fire because they considered us part of Miami Township. That order prompted a discussion between Fire Chief Matt Schumann and me to clarify the difference between their authority and ours.

After our ordinances were codified by AmLegal, they advised us to draft a new ordinance to protect our residents so they could enjoy their properties without interference from a "State Law" that should not apply within our Village. 

An Important Clarification!

Many residents of Miami Township mistakenly believe they live in the Village of Cleves because their mailing address includes Cleves, Ohio 45002. However, your mailing address doesn't always reflect your actual jurisdiction.

To determine if you live within the Village of Cleves, ask yourself:

Does my street address have three digits or fewer?

If your address has four digits, you are likely a resident of Miami Township, not the Village of Cleves.

Why it Should Matter to Cleves Residents

Miami Township is not a limited home rule township. While the township can pass resolutions, the Hamilton County Sheriff's Department cannot enforce them if they exceed the ORC.

Also, Miami Township does not have its own court system to handle violations of its resolutions; instead, such cases must be heard in the Hamilton County Municipal Court—a venue that covers many jurisdictions in the county and handles a variety of legal matters.

In contrast, as a "Home Rule Village", we have the legal authority to create ordinances tailored to our residents' needs and to maintain a local court capable of hearing and enforcing these laws, offering a more responsive and community-focused approach to governance. 

"So What's in the new Ordinance 27- Regulating Open Burning Within the Village?

The full ordinance is provided for you here:

• A motion to donate the equipment at the skate park to the Village was made and approved. of Addyston, This donation includes all existing structures and fixtures currently installed at the skate park.

• A motion was made and approved to authorize the final payment of $180,000 for the 2025 Miami Township Fire Contract. Funding will be allocated from the General Fund and existing Safety Levies.

• The Village Council approved an advance of $65,000 from the Water Department’s funds to cover the engineering costs associated with extending bulk water service to the Village of Addyston. This expenditure will be fully reimbursed through the Ohio EPA Grant Award received by Cleves Waterworks.

• The Village Council has approved a $10,000 increase in appropriations to the Park Fund, reflecting strong revenue growth from annual park passes, daily attendance, and field rentals. This funding boost will support continued improvements and maintenance of our parks. Importantly, no general fund taxpayer dollars are involved—this increase is entirely supported by park-generated income.

• The Village Council has approved Ordinance 31-2025, which establishes a revised pay range for the Mayor’s Court Clerk position, setting compensation between $20.00 and $30.00 per hour. Additionally, the ordinance authorizes the Mayor’s Court Clerk to also serve as the Local Authority Clerk. The position will remain part-time, with hours limited to operational need.

• The Village Council approved Resolution 13-2025, authorizing the Village Administrator to execute a contract with Rumpke Garbage and Recycling.

• The Village Council Approved Resolution 14-2025- Approving the amounts and rates of existing levies by the Hamilton County Budget Commission-Village Fiscal Officer, will certify the resolution and return it to the Hamilton County Auditor.- All townships and villages are required to do this

Village of Cleves Board of Zoning Appeals and CLEAN Court Session -October 16, 2025

Why Enforcing Village Codes and Ordinances Matters 

The Village of Cleves reaffirms its dedication to maintaining a safe, clean, and welcoming community, as evidenced by two important meetings held last Thursday: the Board of Zoning Appeals and the CLEAN Court for property maintenance.

During the heariings, the Board considered a request to expand a driveway closer to a neighboring property. The request was denied, with officials citing the need to protect property boundaries.

CLEAN Court Addresses Property Maintenance Issues

The CLEAN Court handled eight cases related to property maintenance violations, such as cars parked in yards, unsafe structures, missing permits for fences, abandoned vehicles, and tall grass. Residents from Cleves Avenue, Main Street, Symmes, Timberline, and Bassett were summoned to appear. Some cases resulted in fines, while others were resolved with warnings.

Why The International Property Maintenance Code Matters

Cleves enforces the International Property Maintenance Code to set clear standards for homes and yards. These rules help keep neighborhoods safe, protect property values, and ensure fairness for all residents.

Enforcement Process: The part-time Code Enforcement Officer inspects properties and responds to complaints. All hearings are videotaped for transparency. The village’s goal is to help residents resolve issues, with fines issued only when necessary. Unpaid fines are forwarded to the county auditor to be placed on property tax bills.

Looking Ahead: Mayor’s Court Returns 

Cleves plans to reinstate its Mayor’s Court to enforce local criminal ordinances, which have not been enforced since 2021. The proposed $60,000 budget will cover court operations, as well as part-time positions for a marshal, a clerk, and officers. Although all personnel are part-time, they are, by ordinance, designated as a Criminal Justice Enforcement Agency with full police powers.

Traffic enforcement will focus exclusively on verified safety concerns and specific community complaints.

A Safer, Cleaner Cleves

By actively enforcing local codes and ordinances, Cleves aims to foster a safer, cleaner, and more welcoming community; safeguard property rights; address local issues promptly; and ensure a fair, transparent process for all residents—no matter where they live within our Village.