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