S.B. 114: expand the authority of a twnsp to regulate noise

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rickt
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S.B. 114: expand the authority of a twnsp to regulate noise

Post by rickt »

S. B. No. 114 - Senator Hottinger (R)
To amend section 505.172 of the Revised Code to expand the authority of a township to regulate noise within the unincorporated area of the township.
https://www.legislature.ohio.gov/legisl ... 133-SB-114
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Aesinsp »

I've inquired with Senator Hottinger's office about the origins of S.B. 114 & its possible impact on legal firearms use in unincorporated areas.. And suggest anyone else interested to do similar.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by WestonDon »

This needs to be nipped in the bud. It appears that the section of law they want to amend (505.172) was originally intended for townships to be able to regulate noise coming from liquor establishments. That was the start of this slippery slope. With the proposed changes there is no doubt that it can and will be used to regulate, even to the point of forbidding, activities like hunting and shooting. Not to mention farming and motor sports. But especially shooting.


The sponsor of this bill is a republican and I think a little education from his constituents is in order.

A message to my senator is on the way today.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by rickt »

The bill has an exclusion for agricultural activities.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by M-Quigley »

rickt wrote:The bill has an exclusion for agricultural activities.
Does target practice count as an agricultural activity? Or do I have to claim I'm shooting at varmints every time I shoot my .45 ? :roll:
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Chuck »

Will ORC 9.68 protect our right to shoot in townships?
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Bearable »

Chuck wrote:Will ORC 9.68 protect our right to shoot in townships?
I don't know a lot, but I do know that the 2nd Amendment right to bear arms includes the firing of weapons to maintain proficiency in firearm use.

Also, here is what is being stricken if passed. "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".

Noise must meet a reasonable objective standard by prohibiting only those noises that are unreasonably loud or disturbing. Is gun fire anymore intrusive than lawn mowers, construction equipment or kids screaming and yelling. I would not think so.

I live in a township. Some "residential" lots are 1 to 10 acres in size.

I don't think this change will effect anything, especially firearm use.

That is how I see it.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by WestonDon »

Chuck wrote:Will ORC 9.68 protect our right to shoot in townships?
I seriously doubt it. Call me paranoid but I just don't believe this is about chainsaws and lawn mowers.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Aesinsp »

Bearable wrote:
Chuck wrote:Will ORC 9.68 protect our right to shoot in townships?
I don't know a lot, but I do know that the 2nd Amendment right to bear arms includes the firing of weapons to maintain proficiency in firearm use.

Also, here is what is being stricken if passed. "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".

Noise must meet a reasonable objective standard by prohibiting only those noises that are unreasonably loud or disturbing. Is gun fire anymore intrusive than lawn mowers, construction equipment or kids screaming and yelling. I would not think so.

I live in a township. Some "residential" lots are 1 to 10 acres in size.

I don't think this change will effect anything, especially firearm use.

That is how I see it.
Once opened to interpretation... Clearly it is possible.
This being a purposeful action, I'm willing to assume the worst and respond in kind.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Bearable »

Aesinsp wrote:
Bearable wrote:
Chuck wrote:Will ORC 9.68 protect our right to shoot in townships?
I don't know a lot, but I do know that the 2nd Amendment right to bear arms includes the firing of weapons to maintain proficiency in firearm use.

Also, here is what is being stricken if passed. "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".

Noise must meet a reasonable objective standard by prohibiting only those noises that are unreasonably loud or disturbing. Is gun fire anymore intrusive than lawn mowers, construction equipment or kids screaming and yelling. I would not think so.

I live in a township. Some "residential" lots are 1 to 10 acres in size.

I don't think this change will effect anything, especially firearm use.

That is how I see it.
Once opened to interpretation... Clearly it is possible.
This being a purposeful action, I'm willing to assume the worst and respond in kind.
I did a simple search and found no case law opinions addressing ORC 505.172.
Noise issues have been addressed based on local law not state law, but noise is subjective requiring more than just an irritation. Any complaints about noise between 6 a.m. and 11p.m. usually fall on deaf ears, pun intended.

Discharging a firearm in a unincorporated areas of the state has always been legal. I know, I have lived in a township for 40 years.

I'm open minded. If someone can show any plausible theory on how the change to ORC 505.172 will effect our rights to shoot on our property because of noise I'll listen.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Chuck »

I had this Facebook conversation with Senator Hottinger:

Chuck: Jay, please tell us about SB 114 and how it came to be.
What concerns are you trying to address, and are you sure this bill is the best way to deal with it?
It looks to many as if it grants townships the authority to restrict shooting and hunting by calling them a noise problem.
Help us understand

Jay: It is to give townships through trustees the ability to regulate noise ordinances - specifically introduced to address music concert venues i - the language was drafted by Licking Co prosecutor office

Chuck: Maybe a better solution would be to add language including music venues to alcohol establishments rather than giving them a blank slate for them to outlaw anything they want to call "noise"?

And he hasn't responded any more
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by WY_Not »

Chuck wrote:I had this Facebook conversation with Senator Hottinger:

Chuck: Jay, please tell us about SB 114 and how it came to be.
What concerns are you trying to address, and are you sure this bill is the best way to deal with it?
It looks to many as if it grants townships the authority to restrict shooting and hunting by calling them a noise problem.
Help us understand

Jay: It is to give townships through trustees the ability to regulate noise ordinances - specifically introduced to address music concert venues i - the language was drafted by Licking Co prosecutor office

Chuck: Maybe a better solution would be to add language including music venues to alcohol establishments rather than giving them a blank slate for them to outlaw anything they want to call "noise"?

And he hasn't responded any more
Your last comment contains too much common sense. I think you broke his brain.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by WestonDon »

Chuck wrote:
Chuck: Maybe a better solution would be to add language including music venues to alcohol establishments rather than giving them a blank slate for them to outlaw anything they want to call "noise"?
I could accept your solution Chuck and I think it is a fair compromise. As it is worded now I think it is overly broad. If the proponents wouldn't accept that then I think my initial suspicions were correct.
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Re: S.B. 114: expand the authority of a twnsp to regulate no

Post by Chuck »

If it comes from Licking County Sheriff and prosecutors and it's music venues that are not a bar, they mean Buckeye Lake Music Amphitheater / Legend Valley.

They have Stateys by the bunches arresting people at those festivals all day and all night.
And Sheriff Deputies too. Arresting folks and impounding their cars is big business during their events
And they want the township to regulate the noise?

I must be missing something.
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
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