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As Introduced
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 42 |
SENATOR GARDNER
A BILL
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
follows:
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 SECTION 505.17 of the Revised Code, A board
of township trustees may adopt such regulations and orders as
THAT are
necessary to control noise 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 zoned for residential use WITHIN THE
UNINCORPORATED TERRITORY OF THE TOWNSHIP.
(B) 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) 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
reasonably
performed.
Section 2. That existing section 505.172 of the Revised Code is hereby
repealed.
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