On Thursday, April 8, 2010, the Board of Trustees of Nimishillen
Township met in regular session at 7:00 PM at the Nimishillen Township Hall
located at 4422
Trustee
Lynch called the meeting to order at 7:00 PM and led the staff and audience in
the Pledge of Allegiance.
2010, April 8 Trustees Minutes (Cont.)
2010, April 8 Trustees Minutes (Cont.)
RESOLUTION REGARDING NOISE
CONTROL REGULATIONS
The Nimishillen Township Trustees met in regular
session on the 8th day of April, 2010, with the following members
present.
MICHAEL L. LYNCH, PRESIDENT
LISA R. SHAFER, VICE
PRESIDENT
ALLEN E. GRESS, TRUSTEE
LISA R. SHAFER moved for the adoption of the following
resolution.
WHEREAS, it is the opinion of the Nimishillen Township Board
of Trustees that unnecessary and excessive noise in residential areas of this
township is detrimental to the public health and safety; and
WHEREAS, the township has experienced problems with
excessive noise near local taverns and liquor establishments that have been
issued a D license by the division of liquor control and that this is likewise
detrimental to the public health and safety; and
WHEREAS, it is the intent of the Nimishillen Township Board
of Trustees to prohibit noise that is unnecessary in residential areas of this
township; and
WHEREAS, R.C. 505.172 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 areas 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 with ordinary hearing abilities.
B. CERTAIN NOISES PROHIBITED
Within the unincorporated territory of Nimishillen
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.
2010, April 8 Trustees Minutes (Cont.)
C. EXAMPLES OF NOISE
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. Music.
The playing of or permitting to be played on the premises of at any
premises to which a D permit has been issued by the Division of Liquor Control,
including but not limited to instruments, radios, television, tape recorders,
loudspeaker, cassette or compact disc players or any other machine or device
for the producing or reproducing of sound or amplifying sound which disturbs
the quiet, comfort or repose of neighboring inhabitants between the hours of
11:00 p.m. and 7:00 a.m. on weekdays and 1:00 a.m. and 7:00 a.m. on weekends.
3. Yelling. Yelling, shouting, screaming, or singing on
the public streets or at any time or place so as to annoy or disturb the peace
and quiet of other persons.
4. Internal combustion engines or other power
equipment. The operation of any
internal combustion engine or other piece of power equipment between the hours
of 9:00 p.m. and 7:00 a.m.
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 from 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 Nimishillen 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 sound
making device or 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. 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 or artist of any song. 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 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.
G. PENALTY - Pursuant to R.C. 505.172(E), any person
who violates this Resolution is guilty of a misdemeanor of the second
degree. Fines levied and collected
under this section
2010, April 8 Trustees Minutes (Cont.)
shall be paid into the
township general revenue fund. Each day
that a violation continues shall be considered a separate offense.
ALLEN E. GRESS seconded the motion, and
the voting followed:
LISA R. SHAFER - YES
ALLEN E. GRESS - YES
MICHAEL L. LYNCH - YES
Set date for commercial insurance quotes:
The Board agreed to hold a meeting on Thursday, May 13th @ 6 PM, to
hear proposals from insurance companies for commercial insurance for the
township. The current policy is up June 5th.
RESOLUTION TO APPROVE MARCH 25, 2010 MINUTES:
TRUSTEE SHAFER MOTIONED TO
APPROVE THE MINUTES FOR MARCH 25, 2010 AS WRITTEN SECONDED BY TRUSTEE
GRESS. MOTION CARRIED. RES#10-084
Roll call voting: Mrs. Shafer – YES; Mr. Gress – YES and Mr.
Lynch - YES
_____________________________ _________________________________
ATTEST:
Barry L. Evans Michael
L. Lynch, President
Fiscal Officer
__________________________________
Lisa
R. Shafer, Vice President
__________________________________
Allen
E. Gress, Trustee