Ohio § 505.172

§ 505.172.

(A) As used in this section, “ law enforcement officer ” means a sheriff, deputy sheriff, constable, police officer of a township or joint

police district, marshal, deputy marshal, or municipal police officer. (B) Except as otherwise provided in this section and section 505.17 of the Revised Code , a board of township trustees may 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. (C) 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 division (B) of this section

if the noise is attributed to an activity described in section 1.61 of the Revised Code .  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 any regulation or order adopted under division (B) of this section

if the noise is attributed to coal mining and reclamation or surface mining activities.  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 any regulation or order adopted under division (B)

of this section. (D)(1) Except as otherwise provided in division (C) of this section, any regulation or order

adopted under division (B) of this section shall apply to any business or industry

or to any premises to which a D permit has been issued by the division of liquor control

regardless of when it came into existence. (E) Whoever violates any regulation or order adopted under division (B) of this section

is guilty of a misdemeanor of the second degree.  Fines levied and collected under this section shall be paid into the township general

revenue fund. (F) Any person allegedly aggrieved by another person's violation of a regulation or order

adopted under division (B) of this section may seek in a civil action a declaratory

judgment, an injunction, or other appropriate relief against the other person committing

the act or practice that violates that regulation or order.  A board of township trustees that adopts a regulation or order under division (B)

of this section may seek in a civil action an injunction against any person that commits

an act or practice that violates that regulation or order.  The court involved in a civil action referred to in this division may award to the

prevailing party reasonable attorney's fees limited to the work reasonably performed. (G) If any law enforcement officer with jurisdiction in a township that has adopted a

regulation or order under division (B) of this section has reasonable cause to believe

that any premises to which a D permit has been issued by the division of liquor control

has violated the regulation or order and, as a result of the violation, has caused,

is causing, or is about to cause substantial and material harm, the law enforcement

officer may issue an order that the premises cease and desist from the activity violating

the regulation or order.  The cease-and-desist order shall be served personally upon the owner, operator,

manager, or other person in charge of the premises immediately after its issuance

by the officer.  The township thereafter may publicize or otherwise make known to all interested

persons that the cease-and-desist order has been issued. The cease-and-desist order shall specify the particular conduct that is subject to

the order and shall inform the person upon whom it is served that the premises will

be granted a hearing in the municipal court or county court with jurisdiction over

the premises regarding the operation of the order and the possible issuance of an

injunction or other appropriate relief.  The premises shall comply with the cease-and-desist order immediately upon receipt

of the order.  Upon service of the cease-and-desist order upon the owner, operator, manager, or

other person in charge of the premises, the township law director or, if the township

does not have a law director, the prosecuting attorney of the county in which the

township is located shall file in the municipal court or county court with jurisdiction

over the premises a civil action seeking to confirm the cease-and-desist order and

seeking an injunction or other appropriate relief against the premises.  The owner, operator, manager, or other person in charge of the premises may file

a motion in that civil action for a stay of the cease-and-desist order for good cause

shown, pending the court's rendering its decision in the action.  The court shall set a date for a hearing, hold the hearing, and render a decision

in the action not more than ten days after the date of the cease-and-desist order,

or the cease-and-desist order is terminated.  Division (F) of this section applies regarding an action filed as described in this

division. (H) Nothing in this section authorizes a township to enforce any regulation or order

adopted under division (B) of this section against a premises to which a D permit

has been issued by the division of liquor control if that premises is not located

in the unincorporated territory of that township.