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