The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
(123rd General Assembly)(Amended Substitute Senate Bill Number 42)
To amend section 505.172 of the Revised Code to extend the authority of
townships to adopt noise-control regulations.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 505.172 of the Revised Code be amended to read as
Sec. 505.172. (A) Except
in a township or portion thereof
that is within the limits of a municipal corporation, the as otherwise
provided in this section and section 505.17 of the Revised Code, a board
of township trustees may adopt such regulations and orders as
necessary to control noise
unincorporated territory of the township that is generated
at any premises to which a D permit
has been issued by the division of liquor control , where the
premises are contiguous to an area or that is generated within any
areas zoned for
(B) Any person who engages in any of the
activities described in section 1.61
of the Revised Code is exempt from any regulation or order
adopted under division (A) of this section if the noise is attributed
to an activity
described in section 1.61 of the Revised Code. Any person who engages in coal mining and
reclamation operations, as defined in division (B) of section 1513.01
of the Revised Code, or surface mining, as defined in division (A) of section
1514.01 of the Revised Code, is exempt from any regulation or order adopted under division
(A) of this section if the noise is attributed to coal mining and
reclamation or surface mining activities.
NOISE RESULTING FROM THE DRILLING, COMPLETION, OPERATION,
MAINTENANCE, OR CONSTRUCTION OF ANY CRUDE OIL OR NATURAL GAS WELLS
OR PIPELINES OR ANY APPURTENANCES TO THOSE WELLS OR PIPELINES OR
FROM THE DISTRIBUTION, TRANSPORTATION, GATHERING, OR STORAGE OF
CRUDE OIL OR NATURAL GAS IS EXEMPT FROM ANY REGULATION OR ORDER ADOPTED UNDER
DIVISION (A) OF THIS SECTION.
(C) WITH THE EXCEPTION OF ANY BUSINESS OPERATING AT ANY PREMISES
TO WHICH A D PERMIT HAS BEEN ISSUED BY THE DIVISION OF LIQUOR
CONTROL, NO REGULATION OR ORDER ADOPTED UNDER DIVISION (A) OF THIS
SECTION SHALL APPLY TO ANY BUSINESS OR INDUSTRY IN EXISTENCE AND
OPERATING ON THE EFFECTIVE DATE OF THIS AMENDMENT, EXCEPT THAT A REGULATION OR
ORDER SO ADOPTED SHALL APPLY TO ANY NEW OPERATION OR EXPANSION OF THAT
BUSINESS OR INDUSTRY THAT RESULTS IN SUBSTANTIALLY INCREASED NOISE LEVELS FROM
THOSE GENERATED BY THAT BUSINESS OR INDUSTRY ON THE EFFECTIVE DATE OF THIS
(D) Whoever violates any regulation or order adopted under
division (A) of this section is guilty of a minor misdemeanor.
Fines levied and collected under this section shall be paid into
the township general revenue fund.
(C)(E) Any person allegedly aggrieved by another
person's violation of a
regulation or order adopted under division (A) of this section
may seek in a civil action a declaratory judgment or, an
injunction, or other
appropriate relief against an the other person for committing
the act or practice that violates that
resolution or order. The court involved in the civil action may award
to the prevailing party
a reasonable attorney's fee fees limited to the work
SECTION 2 . That existing section 505.172 of the Revised Code is hereby