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Home Rule Chapter 1200 - Noise Ordinance

#07-688 Motion,
WHEREAS, Ohio Revised Code 504.04 authorizes the Plain Township Board of Trustees to exercise powers of local self government and to adopt and enforce within the Township local police, sanitary, and other similar regulations;
WHEREAS, Ohio Revised Code 504.05 authorizes the Plain Township Board of Trustees to impose a civil fine for a violation of a resolution adopted under Ohio Revised Code 504;
WHEREAS, it has been determined that unnecessary noise may have the potential to become hazardous within the Township;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio to adopt the following curfew:
No person shall make, cause, suffer, allow or permit to be made within Plain Township, Stark County, Ohio any unreasonably loud, disturbing, and unnecessary noise or noises of such character, intensity or duration as to be detrimental to the life, health and right to peace and enjoyment to any individual.   Loud, disturbing and unnecessary noises in violation of this section shall include, but are not limited to, the following:
1. The sounding of any horn, bell, or other signal or warning device on any motor vehicle, except as a danger or warning signal.
2. No person shall play any music, amplifying sound, radio, music player, television, audio system or musical instrument in such a manner or at such volume as to annoy or disturb the peace and quiet, comfort, or repose of neighboring inhabitants or those who said noise is audible within 150 feet of said sound source having due regard for the proximity of places of residence, hospital, or other residential institutions and to any other conditions affected by such noises or at a volume which is audible or within 150 feet of said sound source or till persons other than those who are in the vehicle, structure, or room in which such device or instrument is played and are voluntary listeners thereof.
3. The making of any unnecessary or unseemly noise by a person or by his operation of any instrument, device, agency, or vehicle within 150 feet by any portion of the grounds and premises on which is located a hospital or other institution reserved for the sick, aged, or infirm, or within 150 feet of any school, courthouse, church, or building in which religious services are held, during school hours, hours of court, or hours of public worship, respectively.
A violation shall be deemed to have occurred when any person makes, causes, suffers, allows or permits to be made within Plain Township, Stark County, Ohio any unreasonably loud, disturbing and unnecessary noise or noises as described in this legislation.
Nothing in this legislation shall be construed or interpreted in any manner legislate against the production of common noises during Plain Local School’s sporting events held at Glen Oak Stadium and other Plain Local School venues.
Whoever violates this resolution is subject to a fine of $100.00 for the first violation, and a fine of $300 for each subsequent violation.
BE IT FURTHER RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio, that this resolution be duly recorded and authenticated by the signature of the Township Fiscal Officer and the Plain Township Board of Trustees shall hereby advise the Clerk to publish same in a newspaper of general circulation within the Township according to the requirements of Ohio Revised Code 504.11 and 504.12.
Seconded by Mr. Leno.
Vote: Mr. Leno, yes; Mrs. Bossart, yes; Mr. Giavasis, yes.