Under the new rule, if a noise would normally bother “a reasonable person,” it could count as a violation, according to a June 9 memorandum from attorneys at law firm Frost Brown Todd.
The new rule also lists general factors, instead of the previous resolution’s listing only examples of noises, which did not clearly cover all possible situations.
The rule changes the fine for the first offense from $50 to $250 and the fine for the second offense from $100 to $500. It also sets the fine for the third offense and all subsequent offenses at $1,000.
“This change in fine structure gives more weight to the Township’s attempts at enforcement,” the attorneys said.
Trustees voted Monday to approve a resolution to create the new noise rule, which immediately went into effect.
According to the resolution, when deciding if a noise is unreasonably disturbing, police or the court may look at:
- Where the noise is coming from
- If neighbors have complained
- What time it happened
- How loud and how long it lasted
- What type of noise it was
- If there was a quieter way to do the same thing
The new rule does not apply to:
- Alarms, emergency vehicles and emergency signals
- Government-approved events
- Normal use of parks, sports fields, schools and churches
- Urgent repairs to protect people or property
- Lawful use of tools, lawn equipment or vehicles from 7 a.m. to 10 p.m.
- Noise made by a horn or other warning device required or permitted by state law
- Sounds generated by animals, tools or equipment when in active use for lawful agricultural purposes
- Coal or surface mining activity
- Trash pickup from 6 a.m. to 10 p.m.
The new resolution also allows criminal charges for noise violations in residential areas or businesses that have a “D” liquor permit from the Ohio Division of Liquor Control, like bars and restaurants.
Clearcreek Twp. near Springboro put a similar rule into place this year to cut down on noise problems.
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