As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 42 5
1999-2000 6
SENATORS GARDNER-SCHAFRATH-SPADA-BLESSING-CARNES-WHITE- 8
MUMPER-LATTA-WATTS-FINAN-DiDONATO-REPRESENTATIVES 10
VAN VYVEN-MOTTLEY-TERWILLEGER-GRENDELL-BARNES-ROBERTS-
CORBIN-O'BRIEN-GERBERRY-PERRY-OGG-OLMAN-CALLENDER- 11
PETERSON-OPFER-HAINES-AUSTRIA-LOGAN 12
_________________________________________________________________
A B I L L
To amend section 505.172 of the Revised Code to 14
extend the authority of townships to adopt 15
noise-control regulations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 505.172 of the Revised Code be 19
amended to read as follows: 20
Sec. 505.172. (A) Except in a township or portion thereof 29
that is within the limits of a municipal corporation, the AS 30
OTHERWISE PROVIDED IN THIS SECTION AND SECTION 505.17 OF THE 31
REVISED CODE, A board of township trustees may adopt such 32
regulations and orders as THAT are necessary to control noise 34
WITHIN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP THAT IS 36
GENERATED at any premises to which a D permit has been issued by 38
the division of liquor control, where the premises are contiguous 39
to an area OR THAT IS GENERATED WITHIN ANY AREAS zoned for 40
residential use. 41
(B) ANY PERSON WHO ENGAGES IN ANY OF THE ACTIVITIES 44
DESCRIBED IN SECTION 1.61 OF THE REVISED CODE IS EXEMPT FROM ANY 45
REGULATION OR ORDER ADOPTED UNDER DIVISION (A) OF THIS SECTION IF 46
THE NOISE IS ATTRIBUTED TO AN ACTIVITY DESCRIBED IN SECTION 1.61 48
OF THE REVISED CODE. ANY PERSON WHO ENGAGES IN COAL MINING AND
RECLAMATION OPERATIONS, AS DEFINED IN DIVISION (B) OF SECTION 49
2
1513.01 OF THE REVISED CODE, OR SURFACE MINING, AS DEFINED IN 50
DIVISION (A) OF SECTION 1514.01 OF THE REVISED CODE, IS EXEMPT 51
FROM ANY REGULATION OR ORDER ADOPTED UNDER DIVISION (A) OF THIS 52
SECTION IF THE NOISE IS ATTRIBUTED TO COAL MINING AND RECLAMATION 53
OR SURFACE MINING ACTIVITIES. NOISE RESULTING FROM THE DRILLING, 54
COMPLETION, OPERATION, MAINTENANCE, OR CONSTRUCTION OF ANY CRUDE 55
OIL OR NATURAL GAS WELLS OR PIPELINES OR ANY APPURTENANCES TO 56
THOSE WELLS OR PIPELINES OR FROM THE DISTRIBUTION, 57
TRANSPORTATION, GATHERING, OR STORAGE OF CRUDE OIL OR NATURAL GAS 58
IS EXEMPT FROM ANY REGULATION OR ORDER ADOPTED UNDER DIVISION (A) 59
OF THIS SECTION.
(C) WITH THE EXCEPTION OF ANY BUSINESS OPERATING AT ANY 61
PREMISES TO WHICH A D PERMIT HAS BEEN ISSUED BY THE DIVISION OF 62
LIQUOR CONTROL, NO REGULATION OR ORDER ADOPTED UNDER DIVISION (A) 63
OF THIS SECTION SHALL APPLY TO ANY BUSINESS OR INDUSTRY IN 64
EXISTENCE AND OPERATING ON THE EFFECTIVE DATE OF THIS AMENDMENT, 65
EXCEPT THAT A REGULATION OR ORDER SO ADOPTED SHALL APPLY TO ANY 66
NEW OPERATION OR EXPANSION OF THAT BUSINESS OR INDUSTRY THAT 67
RESULTS IN SUBSTANTIALLY INCREASED NOISE LEVELS FROM THOSE 68
GENERATED BY THAT BUSINESS OR INDUSTRY ON THE EFFECTIVE DATE OF
THIS AMENDMENT. 69
(D) Whoever violates any regulation or order adopted under 71
division (A) of this section is guilty of a minor misdemeanor. 72
Fines levied and collected under this section shall be paid into 73
the township general revenue fund. 74
(C)(E) Any person allegedly aggrieved by ANOTHER PERSON'S 77
violation of a regulation or order adopted under division (A) of 78
this section may seek IN A CIVIL ACTION a declaratory judgment 79
or, an injunction, or other appropriate relief against an THE 81
OTHER PERSON FOR COMMITTING THE act or practice that violates 82
that resolution or order. The court INVOLVED IN THE CIVIL ACTION 83
may award to the prevailing party a reasonable attorney's fee 85
FEES limited to the work reasonably performed. 87
Section 2. That existing section 505.172 of the Revised 89
3
Code is hereby repealed. 90