As Reported by House Local Government and Townships Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 42 5
1999-2000 6
SENATORS GARDNER-SCHAFRATH-SPADA-BLESSING- 8
CARNES-WHITE-MUMPER-LATTA-WATTS-FINAN-DiDONATO 9
_________________________________________________________________ 10
A B I L L
To amend section 505.172 of the Revised Code to 12
extend the authority of townships to adopt 13
noise-control regulations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 505.172 of the Revised Code be 17
amended to read as follows: 18
Sec. 505.172. (A) Except in a township or portion thereof 27
that is within the limits of a municipal corporation, the AS 28
OTHERWISE PROVIDED IN THIS SECTION AND SECTION 505.17 OF THE 29
REVISED CODE, A board of township trustees may adopt such 30
regulations and orders as THAT are necessary to control noise 32
WITHIN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP THAT IS 34
GENERATED at any premises to which a D permit has been issued by 36
the division of liquor control, where the premises are contiguous 37
to an area OR THAT IS GENERATED WITHIN ANY AREAS zoned for 38
residential use. 39
(B) ANY PERSON WHO ENGAGES IN ANY OF THE ACTIVITIES 42
DESCRIBED IN SECTION 1.61 OF THE REVISED CODE IS EXEMPT FROM ANY 43
REGULATION OR ORDER ADOPTED UNDER DIVISION (A) OF THIS SECTION IF 44
THE NOISE IS ATTRIBUTED TO AN ACTIVITY DESCRIBED IN SECTION 1.61 46
OF THE REVISED CODE. NOISE RESULTING FROM THE DRILLING, 47
COMPLETION, OPERATION, MAINTENANCE, OR CONSTRUCTION OF ANY CRUDE 48
OIL OR NATURAL GAS WELLS OR PIPELINES OR ANY APPURTENANCES TO 49
THOSE WELLS OR PIPELINES OR FROM THE DISTRIBUTION, 50
TRANSPORTATION, GATHERING, OR STORAGE OF CRUDE OIL OR NATURAL GAS 51
2
IS EXEMPT FROM ANY REGULATION OR ORDER ADOPTED UNDER DIVISION (A) 52
OF THIS SECTION.
(C) WITH THE EXCEPTION OF ANY BUSINESS OPERATING AT ANY 54
PREMISES TO WHICH A D PERMIT HAS BEEN ISSUED BY THE DIVISION OF 55
LIQUOR CONTROL, NO REGULATION OR ORDER ADOPTED UNDER DIVISION (A) 56
OF THIS SECTION SHALL APPLY TO ANY BUSINESS OR INDUSTRY IN 57
EXISTENCE AND OPERATING ON THE EFFECTIVE DATE OF THIS AMENDMENT, 58
EXCEPT THAT A REGULATION OR ORDER SO ADOPTED SHALL APPLY TO ANY 59
NEW OPERATION OR EXPANSION OF THAT BUSINESS OR INDUSTRY THAT 60
RESULTS IN SUBSTANTIALLY INCREASED NOISE LEVELS FROM THOSE 61
GENERATED BY THAT BUSINESS OR INDUSTRY ON THE EFFECTIVE DATE OF
THIS AMENDMENT. 62
(D) Whoever violates any regulation or order adopted under 64
division (A) of this section is guilty of a minor misdemeanor. 65
Fines levied and collected under this section shall be paid into 66
the township general revenue fund. 67
(C)(E) Any person allegedly aggrieved by ANOTHER PERSON'S 70
violation of a regulation or order adopted under division (A) of 71
this section may seek IN A CIVIL ACTION a declaratory judgment 72
or, an injunction, or other appropriate relief against an THE 74
OTHER PERSON FOR COMMITTING THE act or practice that violates 75
that resolution or order. The court INVOLVED IN THE CIVIL ACTION 76
may award to the prevailing party a reasonable attorney's fee 78
FEES limited to the work reasonably performed. 80
Section 2. That existing section 505.172 of the Revised 82
Code is hereby repealed. 83