City of Portsmouth v. McGraw

The sole issue presented is whether a municipality may validly adopt and enforce ordinances requiring its residents who accumulate garbage to use its garbage collection service and pay it a reasonable fee. For the reasons set forth below, we reverse the appellate court’s ruling and uphold the municipality’s sanitation regulation.

It is fundamental that Ohio’s cities are authorized to regulate local sanitation. State, ex rel. Moock, v. Cincinnati (1929), 120 Ohio St. 500.3 The home rule provision of the Ohio Constitution, Section 3, Article XVIII, provides that:

“Municipalities shall have…