The Board of Liberty Township Trustees met in a Regular Session on May 11, 2009 at 7:00 p.m. at the township Administration Building with the following members present: Mr. Jack Simon, Mrs. Jodi K. Stoyak, and Chairperson Mr. W. Gary Litch presiding.
Motion made by Mrs. Stoyak to approve the minutes of the Regular Meeting on April 20, 2009.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
Motion made by Mr. Simon to approve warrant expenditures for the month of April 2009 in the amount of $575,624.56 warrants #30500 through #30858 inclusive.
Mr. Simon, Yes. Mr. Litch, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Litch. Motion carried
09-82 Motion made by Mr. Litch to repay advance of $200,000.00 from the Police Fund to the General Fund.
Mr. Litch, Yes. Mr. Simon, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Simon. Motion carried.
09-83 Motion made by Mrs. Stoyak to adopt and commission a K9 unit to the police department effective May 11th, 2009. The Liberty Township Board of Trustees and the Liberty Township Police Department welcome the honorable Judge Michael Bernard and invite his honor to swear in the newest K-9 officer.
Mrs. Stoyak, Yes. Mr. Litch, Yes. Mr. Simon, Yes. Seconded by Mr. Litch. Motion carried.
09-84 Motion made by Mrs. Stoyak to extend short term loan to October 30, 2009 – unpaid of $200,000.00.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-85 Motion made by Mrs. Stoyak to transfer $5,000.00 from the Police Fund to the Enforcement and Education Fund for the School Resource Officer.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-86 Motion made by Mrs. Stoyak to proceed with the 1.50 Fire Levy Renewal.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-87 Motion made by Mr. Litch to approve prices effective July 1, 2009 for Cemetery lots and services as follows:
GRAVE SPACES:
Township Resident $400.00 each
Non-Resident $600.00 each
INTERMENT: STANDARD CREMAINS
Weekdays (Before 2:00 p.m.) $500.00 $150.00
Saturday (Before 1:00 p.m.) $650.00 $250.00
· An additional $100.00 / hour will be charged after 2:00 p.m. M – F and after 1:00 p.m. Saturday.
MEMORIAL MONUMENT FOUNDATIONS: $50.00 per lineal foot
· Pre-need monument foundations and monument foundations encompassing multiple graves (more than two) will be charged $75.00 per lineal foot.
· Minimum charge $75.00 (for under / up to 18” long).
Mr. Litch, Yes. Mr. Simon, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Simon. Motion carried.
09-88 Motion made by Mrs. Stoyak to proclaim May 11, 2009 Bradley Fletcher day and recognize Mr. Fletcher for his outstanding accomplishments.
Mrs. Stoyak, Yes. Mr. Simon, Yes. Mr. Litch, Yes. Seconded by Mr. Simon. Motion carried.
09-89 Motion made by Mr. Litch to pass the following resolution:
BE IT RESOLVED, that the Board of Trustees hereby determines that the owner’s maintenance of vegetation, garbage, refuse and other debris upon the following properties constitutes a nuisance:
Address Parcel #
3002 GREEN ACRES / 12-7422592978 NORTHVIEW / 12-378823
25 COLONIAL / 12-665200
3031 NORTHGATE / 12-274870
3034 NORTHGATE / 12-004910
3037 NORTHGATE / 12-043260
500 MURRAY HILL / 12-372100
100 MILL RUN / 12-216500
1690 LUCRETIA / 12-764649
5009 LOGAN ARMS / 12-569650
1361 CHURCHILL / 12-032850
1478 CHURCHILL / 12-702200
976 COLONIAL / 12-549298
386 COLONIAL / 12-005250
67 EUCLID / 12-144700
3405 CARDINAL / 12-006000
3536 CARDINAL / 12-288000
394 YVONNE / 12-457950
265 YVONNE / 12-359400
2520 FIFTH / 12-377000
2531 FIFTH / 12-010800
450 RICHARDS / 12-302700
108 LAUREL / 12-659225
250 LAUREL / 12-138600
3860 NORTHLAWN / 12-489925
60 REDFERN / 12-147900
4523 MIDDLE / 12-611800
4506 BELMONT / 12-702251
1527 KEEFER / 12-345220
1526 WILSON / 12-360500
1536 WILSON / 12-436000
1751 WILSON / 12-004630
1747 WILSON / 12-078600
1541 EDWARDS / 12-097556
630 GOIST 12-511300
2974 NORTHVIEW 12-536056
1100 ACADEMY DR 12-002225
615 UNDERWOOD 12-086350
3459 HADLEY 12-410370
3001 GREEN ACRES 12-598859
1322 CHURCHILL 12-240100
1185 TOWNSEND 12-421348
1130 WILL-O-WOOD 12468450
1150 TRAILS EDGE 12-763848
BE IT FURTHER RESOLVED, that notice of this Board’s intent to provide for the abatement, control or removal of said vegetation, garbage, refuse or other debris constituting said nuisance be given to all owners of the land and holders of liens of record upon said land in accordance with Section 505.87 (B) O.R.C.; and
BE IT FURTHER RESOLVED, that upon proper notice, and failure of the property owner to abate said nuisance within seven days, the Board of Trustees provide for the abatement, control or removal of said vegetation, garbage, refuse or other debris constituting said nuisance in accordance with Section 505.87 (B) O.R.C.
Mr. Litch, Yes. Mr. Simon, Yes. Mrs. Stoyak, Yes. Seconded by Mr. Simon. Motion carried.
09- 90 Motion made by Mr. Simon to amend Resolution 04-080 as follows:
WHEREAS, the Board of Trustees of Liberty Township, Trumbull County, Ohio, has determined that excessively loud noise from certain sound amplification devices and other sources in areas within Liberty Township zoned for residential use, serves no public purpose, and constitutes a nuisance and is detrimental to the public health, welfare, safety, and quality of life within Liberty Township; and
WHEREAS, the Board of Trustees has determined that excessive noise generated from premises to which a D Permit has been issued by the Division of Liquor Control, serves no public purpose, and constitutes a nuisance and is detrimental to the public health, welfare, safety, and quality of life within Liberty Township; and
WHEREAS, Ohio Revised Code Section 505.172 authorizes Boards 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; and
WHEREAS, the Board of Trustees has determined that noise and sound emanating from warning and alarm devices; from emergency vehicles when responding to an emergency call or operating in time of emergency; from the normal use of churches, schools, athletic fields, civic and cultural centers, public auditoriums, from parades for which a permit or other permission is granted by the government agency with jurisdiction over the same; are typically of such a nature, character, quality, duration, and frequency that they are not a nuisance, are not detrimental to the public health, welfare, safety, and quality of life within Liberty Township, and do serve a public purpose, and, therefore, the same should not be subject to the regulations set forth herein below, and
WHEREAS, Revised Code Section 505.17 authorizes Boards of Township Trustees to make such regulations and orders as are necessary to control passenger car, motorcycle, and internal combustion engine noise, as permitted under Revised Code Section 4513.211; and
WHEREAS, Revised Code Section 4513.221(E)(1), (2), and (3) authorizes Board of Township Trustees to regulate noise from passenger cars, motorcycles, or other devices using internal combustion engines in the unincorporated area of the township by requiring said engines to be equipped and operated with a factory installed or equivalent muffler; and
WHEREAS, Revised code Section 4513.221(E)(4) authorizes Board of township Trustees to regulate noise from passenger cars, motorcycles, or other devices using internal combustion engines in the unincorporated area of the township by prohibiting racing the motor of any vehicle using an internal combustion engine in such a manner that the exhaust system emits a loud, cracking or chattering noise unusual to its normal operation; and
WHEREAS, the Board of Trustees of Liberty Township, Trumbull County, Ohio, has received complaints from citizens residing along streets and roadways traveled by trucks with regard to loud noises emitted by trucks using diesel engine retarders known as “Jake brakes,” which reduce the trucks’ rate of speed, but cause the trucks’ exhaust systems to emit loud, cracking or chattering noises unusual to their normal operations; and
WHEREAS, such residents have complained that these noise emissions have occurred at all times of the day and night, and the Board of Trustees finds that the noise generated by such “Jake brakes” constitutes a nuisance and is detrimental to the public health, welfare, safety, and quality of life within Liberty Township;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OR LIBERTY TOWNSHIP, TRUMBULL COUNTY, OHIO THAT:
1. No person shall generate or permit to be generated unreasonable noise or loud sound that is likely to cause inconvenience or annoyance to persons of ordinary sensibilities by means of a radio, phonograph, television, tape player, loudspeaker, CD player, DVD player, computer, loudspeaker, digital tape or disc, bullhorn, musical instrument amplifier, or any other sound amplifying device.
(A) It is prima facie unlawful for any person to generate or permit to be generated sound by the above described devices or instruments in the following circumstances:
(i) On private or public property in an area zoned for residential use, regardless of existing nonconforming uses or variances, where the sound is plainly audible more than 80 feet from the property line of the property on which the source of the sound is located;
(ii) On a street, highway, or in the public right of way where sound is plainly audible 80 feet from the device generating the sound;
(iii) From premises located outside of an area zoned for residential use to which a D permit has been issued by the Division of Liquor Control, where the sound is plainly audible more than 80 feet from the property line of the said premises, without regard to whether the said premises is adjacent to a district which is zoned for residential use.
(B) No person, being the owner, or person in possession of a premises, or person in control of the premises by reason of employment, agency, or otherwise, whether such ownership, possession, or control is exclusive or joint, shall permit a violation of this resolution.
(C) The following uses and activities shall be exempt from the regulations and controls of this resolution:
(i) noise and sound from and warning and alarm devices, and automobile horns while in lawful use;
(ii) noise and sound from emergency vehicles when responding to an emergency call or operating in time of emergency or when the warning devices thereon are being tested;
(iii) noise and sound from the normal use of churches, schools, athletic fields, civic and cultural centers, and public auditoriums;
(iv) noise and sound from parades for which a permit or other permission is granted by the government agency with jurisdictions over the same.
2. “Plainly Audible,” as used herein, means any sound that can be clearly heard by a person using his or her normal faculties, even though such person may not be able to discern the title or lyrics of the musical composition which is the subject of the violation.
3. The Board of Trustees further hereby determines that it is necessary to regulate noise from passenger cars, motorcycles, or other devices using internal combustion engines, in the unincorporated area of the township in the following ways:
(A) No person shall operate or cause to be operated any motor vehicle, agricultural tractor, motorcycle, all-purpose vehicle, or snowmobile not equipped with a factory-installed muffler or equivalent muffler in good working order and in constant operation.
(B) No person shall remove or render inoperative or cause to be removed or rendered inoperative, any muffler, other than for purposes of maintenance, repair, or replacement.
(C) No person shall discharge into the open air the exhausts of any stationary or portable internal combustion engine except through a factory-installed muffler or equivalent muffler in good working order and in constant operation.
(D) No person shall race the motor of any vehicle described in this section 3 of this resolution in such a manner that the exhaust system emits a loud, cracking, or chattering noise unusual to its normal operation.
(E) No person shall operate a motor vehicle or permit the operation of a motor vehicle(s) on their property in an area zoned for residential use or commercial use, which emits unreasonable noise, sound or vibration likely to cause annoyance, alarm or inconvenience to persons of ordinary sensibilities, when such noise, sound or vibration is plainly audible at a distance of 100 feet or more from the source of the sound by a person with normal hearing using ordinary auditory senses without artificial or electronic enhancement. The primary means of detection shall be the peace officer’s own auditory senses and visual estimation in comparison to fixed points of reference. So long as the distance is reasonably shown to be 100 feet or greater, the exact distance at the time of violation need not be established.
4. This Board further hereby determines that the use of an engine retarder (including, but not limited to, so-called “Jake brakes”) on a motor vehicle causes the motor vehicle’s motor to race in such a manner as to cause its exhaust system to emit a loud, cracking, or chattering noise unusual to its normal operation, and by this regulation hereby prohibits such use within the unincorporated area of the Township.