130th Ohio General Assembly
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As Reported by the Senate State and Local Government
and Veterans Affairs Committee

123rd General Assembly
Regular Session
1999-2000
Sub. S. B. No. 42

SENATORS GARDNER-SCHAFRATH-SPADA


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 WITHIN THE UNINCORPORATED TERRITORY OF THE TOWNSHIP 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 AND WITHIN ANY AREAS zoned for residential use.

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 THIS DIVISION IF THE NOISE IS ATTRIBUTED TO AN ACTIVITY DESCRIBED IN THAT SECTION. ANY PERSON WHO CONDUCTS AN ACTIVITY AUTHORIZED BY A PERMIT ISSUED TO THE PERSON UNDER CHAPTER 1509. of the Revised Code IS EXEMPT FROM ANY REGULATION OR ORDER ADOPTED UNDER THIS DIVISION IF THE NOISE IS ATTRIBUTED TO AN ACTIVITY AUTHORIZED BY THE PERMIT.

(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 That existing section 505.172 of the Revised Code is hereby repealed.
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