As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

123rd General Assembly                                             5            

   Regular Session                              Sub. S. B. No. 42  6            

      1999-2000                                                    7            


                SENATORS GARDNER-SCHAFRATH-SPADA                   9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend section 505.172 of the Revised Code to       13           

                extend the authority of townships to adopt         14           

                noise-control regulations.                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 505.172 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 505.172.  (A)  Except in a township or portion thereof  28           

that is within the limits of a municipal corporation, the AS       29           

OTHERWISE PROVIDED IN SECTION 505.17 OF THE REVISED CODE, A board  30           

of township trustees may adopt such regulations and orders as      31           

THAT are necessary to control noise WITHIN THE UNINCORPORATED      35           

TERRITORY OF THE TOWNSHIP at any premises to which a D permit has  37           

been issued by the division of liquor control, where the premises  38           

are contiguous to an area AND WITHIN ANY AREAS zoned for                        

residential use.                                                   39           

      ANY PERSON WHO ENGAGES IN ANY OF THE ACTIVITIES DESCRIBED    41           

IN SECTION 1.61 OF THE REVISED CODE IS EXEMPT FROM ANY REGULATION  42           

OR ORDER ADOPTED UNDER THIS DIVISION IF THE NOISE IS ATTRIBUTED    43           

TO AN ACTIVITY DESCRIBED IN THAT SECTION.  ANY PERSON WHO          44           

CONDUCTS AN ACTIVITY AUTHORIZED BY A PERMIT ISSUED TO THE PERSON   45           

UNDER CHAPTER 1509. OF THE REVISED CODE IS EXEMPT FROM ANY         46           

REGULATION OR ORDER ADOPTED UNDER THIS DIVISION IF THE NOISE IS                 

ATTRIBUTED TO AN ACTIVITY AUTHORIZED BY THE PERMIT.                47           

      (B)  Whoever violates any regulation or order adopted under  49           

division (A) of this section is guilty of a minor misdemeanor.     50           

                                                          2      


                                                                 
Fines levied and collected under this section shall be paid into   51           

the township general revenue fund.                                 52           

      (C)  Any person allegedly aggrieved by ANOTHER PERSON'S      54           

violation of a regulation or order adopted under division (A) of   55           

this section may seek IN A CIVIL ACTION a declaratory judgment     56           

or, an injunction, or other appropriate relief against an THE      58           

OTHER PERSON FOR COMMITTING THE act or practice that violates      59           

that resolution or order.  The court INVOLVED IN THE CIVIL ACTION  60           

may award to the prevailing party a reasonable attorney's fee      62           

FEES limited to the work reasonably performed.                     64           

      Section 2.  That existing section 505.172 of the Revised     66           

Code is hereby repealed.                                           67