30-03 Resolution
RECORD OF RESOLUTIONS
Doyton Legal Blank Co., Form No. 30045
:1 Resolution No. n}g::-~~n
II Passed ..
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO A RECIPROCAL AGREEMENT
FOR THE ENFORCEMENT OF THE ORDINANCES
PERTAINING TO THE REGULATION OF NOISE OF THE CITY
OF DUBLIN AND THE VILLAGE OF SHAWNEE HILLS
WHEREAS, the City of Dublin, in Section 132,03 of the Dublin Codified Ordinances,
prohibits the emission of sound in such a manner as to be plainly audible at a distance
of 50 feet from the source of the sound; and
WHEREAS, the Village of Shawnee Hills, in Section 509.09 of the Village of Shawnee
Hills Codified Ordinances, places decibel limitations on electronically amplified sound
and prohibits unreasonable noise in general; and
WHEREAS, certain sources of noises that lie within the Village of Shawnee Hills have
created disturbances for Dublin residents; and
WHEREAS, Ohio Revised Code Section 715.49(B) permits municipalities to enter into
reciprocal enforcement agreements for the enforcement of the municipalities' respective
noise ordinances; and
WHEREAS, City Council believes it is necessary for the public health, safety and
welfare to explore reciprocal enforcement options with the Village of Shawnee Hills;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Dublin,
State of Ohio, k of the elected members concurring, that:
Section 1. The City Manager is authorized to negotiate and execute a reciprocal noise
enforcement agreement with the Village of Shawnee Hills; and
Section 2. This Resolution shall take effect and be in force from and after the earliest
date provided by law,
PassedthisoZ3rd dayof r-- ,2003,
ATTEST:
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Clerk of Council
I hereby certify that copIes of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
MEMORANDUM
TO: Jane Brautigam, City Manager
Dublin City Council
FROM: Stephen J. Smith, Law Director
Jennifer D. Readier
DATE: June 18, 2003
RE: Shawnee Hills and Dublin Noise Ordinances
I. Introduction
The Bogey Inn, which is adjacent to the City of Dublin and lies primarily in the Village
of Shawnee Hills, has been a source of noise issues over the years. Portions of the Bogey Inn lie
in Concord Township and are the subject of a pending annexation petition to Dublin. This office
has been asked to review both Shawnee Hills' and Dublin's noise ordinances and the manner in
which they can be enforced to limit the noise generated by the Bogey Inn.
II. Analysis
A. Shawnee Hills' and Dublin's Noise Ordinances
Both Shawnee Hills and Dublin have noise control ordinances. Dublin's ordinance
measures sound as heard from a distance of 50 feet. No special noise-measuring device is
required. Dublin's noise limitations are found in Section 132.03 (attached), which prohibits
Disorderly Conduct. The relevant provisions ofthat section are as follows:
(A) No person shall recklessly cause inconvenience, annoyance or alarm to another by
doing any of the following:
.......................
(6) Creating or causing the creation of noise so as to disturb or disrupt the
peace and quiet of any reasonable person of normal sensitivity, including,
but not limited to the following:
(a) The emission of sound in such a manner as to be plainly audible at
a distance 50 feet from the building, structure, vehicle, equipment,
machinery, animal or fowl from which the sound is emanating.
(b) Exemptions to division (a) include the following:
Shawnee Hills/Dublin
Agreement reo Noise Ordinances
1. Sound emanating from scheduled events conducted,
sponsored, or permitted by the city or schools;
2. Construction operations occurring between the hours of
7:00 a,m, and 9:00 p.m., provided that all equipment is
operated in accordance with the manufacturer's
specifications and/or with all standard manufacturer's
mufflers and noise-reducing equipment in use and in proper
operating condition;
3. Construction operations conducted by the city as approved
by City Council;
4. The loading and/or unloading of commercial waste
receptacles between the hours of7:00 a.m. and 9:00 p.m.
within 500 yards of any residentially zoned property;
5. Noise of safety signals, warning devices, emergency
pressure relief valves, and church bells;
6. Noise resulting from any authorized emergency vehicle;
7. Lawn mowers and other similar motorized landscaping
equipment used between 7:00 a,m. and 9:00 p.m. when
operated with all the manufacturer's standard muffler
and/or sound reducing equipment in use and in proper
operating condition; and
8. Emergency work as authorized by the city.
In contrast, Shawnee Hills' ordinance (attached) requires electronically amplified sound
to be measured by special noise measuring devices. Section 509.09 (c) states:
(c) Decibel Limitations on Electronically Amplified Sound. No person shall
produce, cause to be produced, allow to be produced, facilitate, or permit
any Electronically Amplified Sound to exceed the following Maximum
Sound Level (Lmax) or Equivalent Continuous Sound Level (Leq) as
measured within the Village Corporate Limits at the boundary of the
property from which the Electronically Amplified Sound is emanating:
(1) Monday through Sunday from 7:00 a.m. until 7:00 p.m.: Leq 85,
(2) Sunday, Monday, Tuesday, Wednesday and Thursday from 7:00
p.m. until 10:00 p.m.: Leq 70.
(3) Sunday, Monday, Tuesday, Wednesday, and Thursday from 10:00
p.m, until 7:00 a.m. the following morning: Lmax 55 Leq 50
Shawnee Hills/Dublin 2
Agreement reo Noise Ordinances
(4) Friday and Saturday from 7:00 p.m. until 11 :00 p,m.: Leq 70
(5) Friday and Saturday from 11 :00 p.m. until 7:00 a.m. the following
morning: Lmax 55 Leq 50,
However, the Shawnee Hills' ordinance also prohibits certain general acts generating
noise, without resorting to noise measuring devices. Section 509.09(d) is entitled General Sound
Regulations and states:
(1) Regardless of the overall Sound Pressure Level generated, no
person shall recklessly cause inconvenience, annoyance, or alarm
to another by creating, causing, or allowing unreasonable noise.
(2) The following acts, and the causing or permitting thereof, are
declared to be in strict violation of this chapter.
A. The operation of Construction/Demolition Power
Equipment, Agricultural Power Equipment, Domestic
Power Equipment, or Materials Handling Equipment
outdoors between the hours of 10:00 p.m. and 7:00 a.m.
every day of the week.
B. The organizing of, officiating, or participating in outdoor
athletic contests or exhibitions between the hours of 10:00
p.m. and 7:00 a.m.
C. Keeping or harboring any animal that howls, barks, or
emits audible sounds that are unreasonably loud or
disturbing and which are of such character, intensity, and
duration so as to disturb the peace and quiet of the
neighborhood or to be detrimental to the life and health of
any individual.
Exemptions are provided in section (f), which provides:
The following sources/activities are exempt from the provisions of subsection (c)
and (d) of this chapter:
Aircraft overflights
Authorized Public Events
Auditory sirens or signal of Emergency Vehicles
Emergency Work
School sponsored activities except between the hours of 10:00 p.m. and
7:00 a.m. everyday of the week.
Shawnee Hills/Dublin 3
Agreement reo Noise Ordinances
B. Reciprocal Enforcement Agreements
One way that Dublin and Shawnee Hills can ensure full enforcement of both of their
ordinances is by entering into a reciprocal enforcement agreement as to the two noise ordinances.
A copy of a sample contract is attached. Ohio Revised Code S715.49(B) provides that
municipalities can enter into agreements to enforce noise ordinances beyond their jurisdictions.
These agreements allow each municipality with noise ordinances to enforce their own ordinances
in adjoining municipalities, provided the violations can be heard in the municipality enforcing its
own ordinance. For example, if noise is emanating in such a manner that it is clearly audible in
Dublin, even though it originates in Shawnee Hills, Dublin can enforce its noise ordinance
against the perpetrator so long as a reciprocal agreement exists between Dublin and Shawnee
Hills.
It is our understanding that the parking lots and the volleyball courts lie within Shawnee
Hills. If a reciprocal agreement is entered into between Dublin and Shawnee Hills, Dublin police
officers can enter Shawnee Hills and enforce Dublin's noise ordinance against violations
occurring within the parking lots and volleyball courts. The violations that the Dublin police
officers issue can be enforced in Dublin's Mayor's Court. Section 1905.01 permits mayor's
courts "to hear and determine any prosecution for the violation of an ordinance of the municipal
corporation," Consequently, even though the violation took place in Shawnee Hills, we believe
Dublin's Mayor's Court could be the court within which the citation is enforced, However, if
Dublin wished to pursue an injunction against the source of the noise, such an action would have
to be pursued in common pleas court.
It is our understanding that the actual Bogey Inn structure is located in Concord
Township, This land is the subject of an annexation petition to the City of Dublin. Once the
property that is the subject of the pending annexation is accepted into the City of Dublin, Dublin
can fully enforce its noise ordinance against the subject property (the Bogey Inn structure). No
reciprocal agreement is necessary for enforcement against the Bogey Inn structure at that point,
because the structure will lie within Dublin's boundaries.
Please do not hesitate to contact this office if you have any questions regarding this
matter.
Shawnee Hills/Dublin 4
Agreement reo Noise Ordinances
Dublin, Ohio Code of Ordinances 1
S 132.03 DISORDERLY CONDUCT.
(A) No person shall recklessly cause inconvenience, annoyance or alarm to another, by
doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in
violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or
display, or communicating unwarranted and grossly abusive language to any person, which by its
very utterance or usage inflicts injury or tends to incite an immediate breach of the peace;
(3) Insulting, taunting or challenging another, under circumstances in which
such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road,
highway or right of way, or to, from, within or upon public or private property, so as to interfere
with the rights of others, and by any act which serves no lawful and reasonable purpose of the
offender;
(5) Creating a condition which is physically offensive to persons or which
presents a risk of physical harm to persons or property, by any act which serves no lawful and
reasonable purpose of the offender.
(6) Creating or causing the creation of noise so as to disturb or disrupt the
peace and quiet of any reasonable person of normal sensitivity, including, but not limited to the
following:
(a) The emission of sound in such a manner as to be plainly audible at a
distance 50 feet from the building, structure, vehicle, equipment, machinery, animal or fowl from
which the sound is emanating.
(b) Exemptions to division (a) include the following:
l. Sound emanating from scheduled events conducted, sponsored
or permitted by the city or schools;
2. Construction operations occurring between the hours of 7:00
a.m. and 9:00 p.m., provided that all equipment is operated in accordance with the manufacturer's
:" American Legal Publishing Corporation"
Dublin, Ohio Code of Ordinances 2
specifications and/or with all standard manufacturer's mufflers and noise-reducing equipment in
use and in proper operating condition;
3. Construction operations conducted by the city as approved by
City Council;
4, The loading and/or unloading of commercial waste receptacles
between the hours of 7:00 a.m, and 9:00 p.m. within 500 yards of any residentially zoned
property;
5. Noise of safety signals, warning devices, emergency pressure
relief valves, and church bells;
6. Noise resulting from any authorized emergency vehicle;
7, Lawn mowers and other similar motorized landscaping
equipment used between 7:00 a.m, and 9:00 p.m. when operated with all the manufacturerts
standard muffler and/or sound reducing equipment in use and in proper operating condition; and
8, Emergency work as authorized by the city,
(B) No person, while voluntarily intoxicated shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in
conduct likely to be offensive or to cause inconvenience, annoyance or alarm to persons of
ordinary sensibilities, which conduct the offender, if he were not intoxicated, should know is likely
to have such effect on others;
(2) Engage in conduct or create a condition which presents a risk of physical
harm to himself or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor
vehicle, locomotive, watercraft, aircraft or other vehicle while under the influence of alcohol or
any drug of abuse, is not a violation of division (B) above.
(D) When to an ordinary observer a person appears to be intoxicated, it is probable
cause to believe such person is voluntarily intoxicated for purposes of division (B) above.
(E) Whoever violates this section is guilty of disorderly conduct.
(1) Except as otherwise provided in division (E)(2) of this section, disorderly
:" American Legal Publishing Corporation"
.
Dublin, Ohio Code of Ordinances 3
conduct is a minor misdemeanor.
(2) Disorderly conduct is a misdemeanor of the fourth degree if any of the
following applies:
(a) The offender persists in disorderly conduct after reasonable warning
or request to desist.
(b) The offense is committed in the vicinity of a school or in a school
safety zone.
(c) The offense is committed in the presence of any law enforcement
officer, firefighter, rescuer, medical person, emergency medical services person, or other
authorized person who is engaged in the person's duties at the scene of a fire, accident, disaster,
riot, or emergency of any kind,
(d) The offense is committed in the presence of any emergency facility
person who is engaged in the person's duties in an emergency facility,
(F) For violations covered under division (A)(6) above, a person shall be guilty of a
misdemeanor of the fourth degree for a second or subsequent offense, if less than 12 months have
elapsed since the last offense of the same provision. Each day such offense is committed or
continued shall constitute a separate offense and shall be punishable as such. Citations shall be
issued to a person, firm or corporation and/or an individual present at the time of the alleged
offense.
(Ord, 100-99, passed 9-20-99)
(G) As used in this section, SCHOOL, SCHOOL PREMISES and SCHOOL
BUILDING have the same meanings as in R.C. ~ 2925.01.
(R.C. ~ 2917.11) e80 Code, ~ 509.03) Penalty, see ~ 130.99
: "American Legal Publishing Corporation"
22C Disorderlv Conduct and Peace Disturbance 509.09
(b) Violations.
(1) No person or organization shall allow more than two chargeable false
alarms to be transmitted during the immediately preceding six-month
period.
(2) Following two chargeable false alarms within a six month period, the
person or organization owning, renting or leasing such system shall be
held responsible for the next chargeable false alarm in the six month
period.
(3) Following three chargeable false alarms within a six month period, the
person or organization owning, renting or leasing such system shall be
held responsible for the next chargeable false alarms in the six month
period.
(4) Whoever violates subsection (b )(2) hereof is guilty of permitting false
alarms, a minor misdemeanor.
(5) Whoever violates subsection (b)(3) hereof is guilty of permitting
continuing false alarms, a misdemeanor of the fourth degree.
(Ord.7-96. Passed 11-11-96.)
509.09 EXCESSIVE NOISE.
(a) Effective Date, This section shall have effect from the earliest date allowed by
law. Preexisting noise sources which violate provisions of this section must be brought into
compliance no later than thirty days after the effective date of this section.
(b) Definitions. With respect to Chapter 509 of the Village Codified Ordinances,
the following terms shall have the following meanings.
(1) "Agricultural Power Equipment" means any equipment ordinarily used
in the normal course farming including, but not limited to, tractors,
augers, combines, heavy equipment or the like.
(2) "A Weighted Sound Level" means a measure of Sound Pressure
Level that has been mathematically adjusted to approximate the
sensitivity of human hearing to different frequencies. A-weighted
sound is measured in A-weighted Decibels (dB).
(3) "Authorized Public Event" means any event, program or other activity
that takes place in the Right of Way or on Village owned property and
requires a permit from the Village.
(4) "Construction/Demolition Power Equipment" means any tools or
equipment used in construction, drilling, repair, alteration, or
demolition work on buildings, structures, streets, alleys, or
appurtenances, including but not limited to heavy equipment, dump
trucks, back hoes, front end loaders, power shovels, graders, paving
equipment, bobcats and pneumatic powered tools such as
jackhammers, drills and saws and ancillary air or electricity generating
equipment.
(5) "Domestic Power Equipment" means any power equipment generally
used for home or minor building repair or grounds maintenance,
including but not limited to any powered saw, sander, drill, grinder,
lawn mower, garden equipment, snow blower, or other similar power
equipment.
(6) "Electronically Amplified Sound" means any sound which has been
amplified, enlarged, extended, manipulated or produced by any
electronic process or means, e.g. loud speaker, loud speaker system,
public address system, sound amplification equipment, and also
including sound emanating from a television, radio, or stereo
2002 Replacement
equipment, or any such similar device.
(7) "Emergency Vehicle" means any vehicle under the control of
municipal, county, or township police department, or fire department
and that is responding to an emergency dispatch or an independent
ambulance service that provides emergency medical transportation.
509.09 GENERAL OFFENSES CODE 220
(8) "Emergency Work" means any work performed for the purpose of
preventing or alleviating any current or imminent threat to persons or
to the public health, safety and welfare.
(9) "Equivalent Continuous Sound Level (Leq)" means the equivalent
steady-state A-Weighted Sound Level measured and averaged over a
ten minute period of time.
(10) "Materials Handling Equipment" means any and all equipment used to
move and handle materials including but not limited to forklifts,
garbage and refuse collection equipment, tractors, front end loaders,
bobcats, and dump trucks.
(11 ) "Maximum Sound Level (LmaxY' means the greatest A-weighted Sound
Level measured during one second of time.
(12) "Person" means any individual, group of individuals, company,
association, society, firm, partnership, or business or governmental
entity.
(13) "Sound Level Meter" means an instrument for the measurement of
sound levels conforming to the American National Standards
Institute's specifications for Sound Level Meters.
(14 ) "Sound Pressure Level (also known as Decibel or dB)" means ten
times the logarithm to the base ten ratio of the time-mean-square
pressure of a sound, in a stated frequency band, to the square of the
reference sound pressure in gases of 20 micropascals.
(c) Decibel Limitations on Electronicallv Amplified Sound. No person shall
produce, cause to be produced, allow to be produced, facilitate, or permit any Electronically
Amplified Sound to exceed the following Maximum Sound Level (Lmax) or Equivalent
Continuous Sound Level (Leq) as measured within the Village Corporate Limits at the
boundary of the property from which the Electronically Amplified Sound is emanating:
(1 ) Monday through Sunday from 7:00 a.m. until 7:00 p.m.: Leq 85
(2) Sunday, Monday, Tuesday, Wednesday and Thursday from 7:00 p.m.
until 1 0:00 p.m.: Leq 70
(3) Sunday, Monday, Tuesday, Wednesday and Thursday from 10:00
p.m. until 7:00 a,m. the following morning: Lmax 55 Leq 50
(4) Friday and Saturday from 7:00 p.m. until 11 :00 p.m.: Leq 70
(5) Friday, and Saturday from 11 :00 p.m. until 7:00 a.m. the following
morning: Lmax 55, Leq 50.
(d) General Sound Requlations.
(1 ) Regardless of the overall Sound Pressure Level generated, no
person shall recklessly cause inconvenience, annoyance, or alarm to
another by creating, causing, or allowing unreasonable noise.
(2) The following acts, and the causing or permitting thereof, are declared
to be in strict violation of this chapter.
A. The operation of Construction/Demolition Power Equipment,
Agricultural Power Equipment, Domestic Power Equipment or
Materials Handling Equipment outdoors between the hours of
10:00 p.m. and 7:00 a.m. every day of the week.
B. The organizing of, officiating, or participating in outdoor athletic
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,
contests or exhibitions between the hours of 10:00 p.m. and
7:00 a.m.
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22E Disorderlv Conduct and Peace Disturbance 509.09
C. Keeping or harboring any animal that howls, barks, or emits
audible sounds that are unreasonably loud or disturbing and
which are of such character, intensity, and duration so as to
disturb the peace and quiet of the neighborhood or to be
detrimental to the life and health of any individual.
(e) Variances.
(1 ) The Village Council shall have the authority, consistent with provisions
herein, to grant special variances to this section.
(2) Any person seeking a variance shall file an application with the Village
Council. This application shall state the reasons why the source or
activity in question cannot be brought into compliance with provisions
of this section. Notice of this application shall be given by posting in
five locations within the Village and interested persons may file
statements in opposition or in support of the variance.
(3) After consideration of all information received, the Village Council shall
grant or deny each variance request. In so doing, the Village Council
shall give due consideration to the hardships placed on the applicant
by not granting the variance, versus the adverse impact on the
community which would be created if the variance were granted.
(4) The Village Council may place any conditions and time limitations as
they deem appropriate any variance. Noncompliance with these terms
will void any variance, which may have been granted, and will subject
the applicant to all provisions of this section.
(f) Exemptions. The following sources/activities are exempt from the provisions
of subsection (c) and (d) of this chapter:
Aircraft overflights
Authorized Public Events
Auditory sirens or signal of Emergency Vehicles
Emergency Work
School sponsored activities except between the hours of 10:00 p,m. and 7:00
a.m everyday of the week.
(g) Citations and Penalties.
(1 ) Criminal prosecution.
A. A first violation of this section shall be punishable as a minor
misdemeanor as set forth in section 501.99 of the Village code,
except that if the offender persists in the violation after
reasonable warning or request to desist, the violation shall be
punishable as a misdemeanor of the fourth degree as set forth
in section 501.99 of the Village code.
B. Subsequent violations shall be punishable as a fourth degree
misdemeanor as set forth in section 501,99 of the Village code.
C. In lieu of, or in addition to, issuing a violation citation, any law
enforcement officer may issue an order requiring immediate
abatement of any noise source or activity which is judged to be
in violation of this section.
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509.99 GENERAL OFFENSES CODE 22F
(2) Civil action.
A. An action for injunctive relief may be brought by the Village in a
court of competent jurisdiction against any person who has
violated, and is reasonably likely to violate again, any provision
of this chapter.
B. Any person who violates any provision of this chapter shall be
liable for the actual attorneys' fees, expenses (including expert
witness fees), and costs of suits incurred in establishing that
violation in a civil action. Other Remedies, the rights and
remedies provided by this chapter are in addition to any other
rights and remedies provided by law. (Ord. 19-2001. Passed
9-29-01.)
509.99 PENALTY.
(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor
classification. )
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~
AGREEMENT
This Agreement is made and entered into this _ day of , 2003, by and
between the City of Dublin, an Ohio municipal corporation, hereinafter referred to as "Dublin,"
and the Village of Shawnee Hills, an Ohio municipal corporation, hereinafter referred to as
"Shawnee Hills. "
WITNESSETH
WHEREAS, Section 715.49(B) of the Ohio Revised Code provides that if the noise
ordinance of a municipality is violated by a source located within the borders of an adjoining
municipality, the municipality with the ordinance may enforce its ordinance against that source
as long as there is a written agreement between the two municipalities permitting such
enforcement; and
WHEREAS, Dublin and Shawnee Hills desire to enter into such an agreement to permit
Dublin to enforce its noise ordinances against any source of noise located within Shawnee Hills
which produces noise in violation of the Dublin Codified Ordinances, as written or subsequently
amended; and
WHEREAS, Dublin and Shawnee Hills desire to enter into such an agreement to permit
Shawnee Hills to enforce its noise ordinances against any source of noise located within Dublin
which produces noise in excess of the permitted sound level of the Shawnee Hills Codified
Ordinances, as written or subsequently amended.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged by
both parties, the parties hereby agree as follows:
1. Noise Enforcement Agreement. Shawnee Hills and Dublin hereby agree and
acknowledge that this Agreement constitutes the "written agreement between the
two municipal corporations permitting, , , enforcement" for purposes of O.R.c.
715.49(B).
a, Shawnee Hills agrees to permit Dublin to enforce its noise ordinance
against any noise sources within the jurisdictional boundaries of Shawnee
Hills which violate the Dublin Codified Ordinances, as written or
subsequently amended, when measured at a point within the jurisdictional
boundaries of Dublin. Dublin acknowledges that this Agreement is not
intended to, and shall not be construed to, grant Dublin any authority to
require any source of noise located within the jurisdictional boundaries of
Shawnee Hills to comply with the provisions of any adopted Dublin noise
ordinance at any location within the boundaries of Shawnee Hills, but
rather only to grant jurisdiction to Dublin to regulate a source of noise
located within Shawnee Hills which is alleged to be in non-compliance
with such ordinance at a measurement point within the boundaries of
Dublin.
(H0329581l
..
b. Dublin agrees to permit Shawnee Hills to enforce its noise ordinance
against any noise sources within the jurisdictional boundaries of Dublin
which violate Shawnee Hills Codified Ordinances, as written or
subsequently amended, when measured at a point within the jurisdictional
boundaries of Shawnee Hills. Shawnee Hills acknowledges that this
Agreement is not intended to, and shall not be construed to, grant Shawnee
Hills any authority to require any source of noise located within the
jurisdictional boundaries of Dublin to comply with the provisions of any
adopted Shawnee Hills noise ordinance at any location within the
boundaries of Dublin, but rather only to grant jurisdiction to Shawnee
Hills to regulate a source of noise located within Dublin which is alleged
to be in non-compliance with such ordinance at a measurement point
within the boundaries of Shawnee Hills.
2. Penalties. Shawnee Hills agrees, that in the event a source of noise within
Shawnee Hills is found to be in non-compliance with the provisions of any
Dublin noise ordinance by a court of competent jurisdiction, Dublin may
seek any of the penalties enumerated in such ordinances and any other
penalties permitted under law of equity for any such violation or
violations. Dublin agrees, that in the event a source of noise within
Dublin is found to be in non-compliance with the provisions of any
Shawnee Hills noise ordinance by a court of competent jurisdiction,
Shawnee Hills may seek any of the penalties enumerated in such
ordinance and any other penalties permitted under law or equity for any
such violation or violations.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of this _ day of ,2003.
VILLAGE OF SHAWNEE HILLS, OHIO
By:
Its:
CITY OF DUBLIN, OHIO
By:
Its:
(H03295812