Noise Ordinance

RES. 03-502 RESCIND ORANGE TOWNSHIP PEACE DISTURBANCE RES. 02-62

Motion by Eby to rescind Orange Township Peace Disturbance Res. 02-62. Seconded by Robertson.
VOTE: Eby-yes; Robertson-yes; Agan-yes.

NOISE RESOLUTION

RES. 03-503 REGULATE NOISE
IN THE MATTER OF ADOPTING A RESOLUTION TO REGULATE NOISE WITHIN THE UNINCORPORATED TERRITORY OF ORANGE TOWNSHIP PURSUANT TO OHIO REVISED CODE SECTION 505.172:

The Board of Township Trustees of Orange Township, Delaware County, Ohio met in regular session on the 17th day of November, 2003, at 1680 E. Orange Road, Lewis Center, Ohio, with the following members present: Mark J. Robertson, Chairman, David A. Eby and James B. Agan.

Agan moved the adoption of the following Resolution:

PREAMBLE
WHEREAS, it is the opinion of this Orange Township Board of Trustees that unnecessary noise in residential areas of this township is detrimental to the public health and safety and constitutes a public nuisance; and
WHEREAS, this board of trustees also recognizes that certain levels of noise are unavoidable; and
WHEREAS, it is the opinion of this board of trustees that the elimination of noise beyond that which is essential to everyday living is beneficial to all residents of this township; and
WHEREAS, it is the intent of this Resolution to prohibit noise that is unnecessary in residential areas of this township; and
WHEREAS, Section 505.172 of the Ohio Revised Code authorizes a board of township trustees to adopt regulations and orders that are necessary to control noise within the 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 or that is generated within any area zoned for residential use.

NOW THEREFORE BE IT RESOLVED,

(A) DEFINITIONS

Plainly Audible - As used in this Resolution, plainly audible means any noise or sound produced by any source that can be clearly heard by a person using normal hearing faculties.

(B) CERTAIN NOISE PROHIBITED

Within the unincorporated territory of Orange Township, at any premises to which a D permit has been issued by the division of liquor control or within any areas zoned for residential use, no person shall make, and no landowner or lawful occupant of such premises or area shall permit the making of, any noise or sound, which by reason of volume, pitch, frequency, intensity, duration, or nature annoys or disturbs the comfort, peace, or health of a person of ordinary sensibilities and not a resident of the property from which the noise or sound emanates. The noise or sound must be plainly audible at a distance of one hundred (100) feet or more from the property from which the noise emanates.

(C) EXAMPLES OF NOISES

The following noises or sounds, which constitute a non-exclusive list, may be considered a violation of this Resolution if they violate division (B) of this Resolution:

1. Horns: Signaling Devices. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any public street or public place; a creation by means of any such signaling unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable length of time. This shall not apply to the use of any such signaling device as a warning of danger.
2. Radios: Phonographs: Etc. The use or operation of any radio, phonograph, television, tape recorder, loudspeaker, cassette or compact disc player or any other machine or device for the producing or reproducing of sound or amplifying sound with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle, or on the property in which such machine or device is operated, and who are voluntary listeners thereto.
3. Yelling: Shouting. Yelling, shouting, hooting, whistling, or singing.
4. Musical Instruments. The use of any drum or other musical instrument or device with or without electronic amplification.
5. Internal Combustion Engines or Other Power Equipment. The operation of any internal combustion engine or other piece of power equipment excluding power mowers, trimmers, chain saws, or tillers.
6. Gunfire. Repeated discharging of firearms for an unreasonably long period of time under the circumstances then existing.

(D)

It shall be a prima facie violation of division (B) of this Resolution when the noise can be heard at a distance of one hundred (100) feet or more from the property where the noise or sound emanates.

(E) NOISE FROM MOTOR VEHICLES

No person while operating or occupying a motor vehicle within the unincorporated territory of Orange Township within any area zoned for residential use, or at any premises to which a D permit has been issued by the division of liquor control, shall operate or amplify the noise or sound produced by a radio, tape player, or other soundmaking device of instrument from within the motor vehicle so that the noise or sound is plainly audible at a distance of one hundred (100) feet or more from the motor vehicle.

(F) The provisions of this Resolution shall not apply:

1. To any law enforcement motor vehicle equipped with any communication device necessary to the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary to the performance of any emergency procedures.
2. To any noise or sound made by a horn or other warning device required or permitted by state law, when used in accordance with state law.

(G) LAW ENFORCEMENT DETERMINATION OF SOURCE

Any law enforcement personnel who hears a sound that is plainly audible as defined herein, shall be entitled to measure the sound according to the following standards:

1. The primary means of detection shall be by means of the officer's ordinary auditory senses, so long as the officer's hearing is not enhanced by any mechanical device, such as a microphone or hearing aid.
2. Regarding division (E) of this Resolution, the officer must have a direct line of sight and hearing to the motor vehicle producing the noise or sound so that he can readily identify the offending motor vehicle and the distance involved.
3. The officer need not determine any particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a noise, sound, or rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.
4. Any motor vehicle from which the sound is produced must be located (stopped, standing, or moving) within the unincorporated area of the township in an area zoned for residential use or on any premises to which a D permit has been issued by the division of liquor control. Parking lots and driveways are included.

(H)Any person engaging in activities described in section 1.61 of the Revised Code (Titled: "Agriculture defined") is exempt from the provisions of this Resolution if the noise is attributed to an activity described in section 1.61 of the Revised Code.

(I) 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 the provisions of this Resolution if the noise is attributed to coal mining and reclamation or surface mining activities.

(J) 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 the provisions of this Resolution.

(K) Nothing in this Resolution shall be deemed to prohibit incidental noise such as that as is made by construction repairs or maintenance of houses or yards.

(L) PENALTY

Pursuant to division (D) of section 505.172 of the Revised Code, whosoever violates divisions (B) or (E) of this Resolution shall be guilty of a minor misdemeanor. Fines levied and collected pursuant to this Resolution shall be paid into the township general revenue fund.

(M) PRIVATE CIVIL ACTION

Pursuant to division (E) of section 505.172 of the Revised Code, any person aggrieved by another person's violation of this Resolution may seek in a civil action a declaratory judgment, an injunction, or other appropriate relief against the other person for committing an act or practice that violates this Resolution. Robertson seconded the motion.

RES. 03-504 PROHIBITING THE KEEPING OR HARBORING OF BARKING OR HOWLING DOGS

Mr. Agan moved the adoption of the following Resolution:

WHEREAS, R.C. Section 955.221(B)(2) authorizes the Township to adopt resolutions to control dogs within the township; and

WHEREAS, the Board of Township Trustees of Orange Township, Delaware County, Ohio, has received numerous and ongoing complaints regarding barking or howling dogs; and

WHEREAS, the Board deems it necessary to control the nuisance of dogs which howl or bark, or emit audible sounds in a manner which disturbs the peace and lives of residents;

NOW THEREFORE BE IT RESOLVED, as follows:

(A) Barking or Howling Dogs.

1. No owner, keeper or harborer shall keep or harbor within the township any dog which howls or barks, or emits audible sounds which are unreasonably loud or disturbing and which are of such a character, intensity and duration so as to disturb the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.
2. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which that person occupies or owns, shall be considered as harboring such dog.

(B)None of the provisions of division (A) hereof shall apply to the use of any dog which is lawfully engaged in hunting or training for the purpose of hunting while accompanied by a licensed hunter. However, such dogs at all other times and in all other respects, shall be subject to this resolution, unless actually in the field and engaged in hunting or in legitimate training for such purpose.

(C) None of the provisions of division (A) hereof shall apply to owners, operators, or employees of duly licensed veterinary hospitals; owners, operators, or employees of duly licensed kennels or animal boarding establishments; or to blind or disabled persons when the dog serves as an aid, guide or leader.

(D) Whoever violates this resolution is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense.

Mr. Robertson seconded the motion.