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Code is hereby repealed. 67