union township policies

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35
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RESIDENTIAL HIGH DENSITY
35
AN CAMP
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SON
35
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RESIDENTIAL LOW DENSITY
WAYNE
BRANCH
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MIL
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753
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HIGHWAY SERVICE DISTRICT
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FORD
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MI
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6,600
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13,200
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WAVERLY
T P E PPER
RA
CE
BULLDOG
PRAIRIE
PAIN
TC
PAINT CRE
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CK
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PAINT CREEK
R EEK
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N
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SUGAR CRE
CRE
E
SUG
AR
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BUS
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JASPER-COIL
CRE
E
PR
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CAM
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MILLS
A
R-3
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GROV
E
ER
CRE
HARMONY
HARMONY
HARMONY
HARMONY
HARMONY
B
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C
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35
35
L
E
DS
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US
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WHIT
RESIDENTIAL
MEDIUM DENSITY
£
¤
RUN
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SNO
VE
CLINE
PTON
GRO
C R EEK
E
N
RUN
100YR FLOODPLAIN OVERLAY
19,800
Feet
Information provided for representational purposes only subject to independent verification. GIS Datasets Provided By Fayette County GIS. For More Information Please Contact Harold Skaggs @ [email protected]
POLICY STATEMENT
Union Township Personnel recognize the trust the residents of the
township have placed in them and endeavor to provide the highest quality
of service, the proper care of township property and equipment, the most
responsible stewardship of the township's finances, ethical conduct, fair
and equitable treatment for all, and to work diligently for the betterment
of the quality of life for all the citizens of the township.
PUBLIC POLICIES – pages 7 - 19
HIT
O KED CR
EEK
INSO
R-1
A
ROCK BRIDGE
GENERAL POLICIES – pages 2 - 6
TON
W
AGRICULTURAL DISTRICT
CRO
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A
COM
P
CREEK
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CREEK
BUR
JOHNSON
CAM
CREE
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35
GENERAL POLICIES
EQUAL OPPORTUNITY POLICY
Union Township will not discriminate on the basis of race, color, sex, age or national origin in
employment or providing township service to residents.
PUBLIC RECORD ACCESS POLICY
The Township recognizes its obligation to make public records available to any citizen. The
Township acknowledges that it may not deny a request for access to a public record on the
basis of the intended use of the public record. The Township will not require any person to
disclose his or her purpose or motive in requesting access to a public record. The Township
will make requested record available within five (5) working days whenever possible. If a
longer time is required the Township will notify the person making the request and provide
the reason for the delay and an estimate of the date the request will be met.
The Township is not required to and will not compile lists, prepare summaries, or create
documents that do not exist. The Township will provide access to and duplication of existing
Township records which are public records. Costs associated with duplication may be
charged.
Personal information of employees or elected officials, such as social security numbers, etc,
are not public records and will not be available.
(See Public Record Policy for more details.)
CLEARING SNOW from PRIVATE LANE or DRIVE-WAYS
No Township equipment or employee shall be used to remove snow, ice, or other
obstructions from private lanes or drive-ways unless the driver of the truck/equipment
recognizes that an emergency situation exists and immediate action is necessary to protect
health, life, or property. The driver is to evaluate the situation and exercise his/her best
TOWNSHIP CREDIT CARDS POLICY
A. Township credit cards shall be used only by township personnel.
B. Township credit cards shall be used solely for the purchase of
goods or services for the township.
C. Township personnel shall be responsible for the any township
credit cards that they have been issued.
D. Lost or stolen credit cards shall be reported immediately to the
Township fiscal officer for appropriate action.
POLICY for TOWNSHIP EQUIPMENT, TOOLS, MATERIALS, and SUPPLIES
A. All Township equipment, supplies, tools, and materials shall be used solely for
Township business.
B. Use of Township equipment, supplies, tools, and materials shall be by Township
personnel or contract personnel performing Townshipbusiness.
C. An inventory shall be maintained of all Township equipment, tools, materials, and
supplies stored at the Township garage.
D. Divestment of any Township property, equipment, tools, supplies, or materials shall be
done according to procedures specified in the Ohio Revised Code.
E. All Township property, equipment, tools, supplies and materials will be used and
serviced in a safe, proper manner in accordance with the the operating instructions,
recommended maintenance, and safety instructions.
TOWNSHIP VEHICLE POLICY
Union Township is committed to ensuring personal and public safety in the use of Township
vehicles. All employees operating Township vehicles are expected to drive responsibly and to
follow basic rules of defensive driving for the protection of all concerned.
The Chairman of the Board of Township Trustees shall verify in January of each year that all
personnel permitted to operate Township vehicles possess a valid driver’s license necessary
for the vehicles they operate.
• The Township requires all persons who either operate or travel within a Township
vehicle to comply with all Federal, State, and local vehicle laws.
• Any accident involving a Township vehicle shall be reported immediately to the
Sheriff's Office and to a Township Trustee.
• Should a cellular telephone call be necessary the driver should pull off the road into a
legal parking spot during the course of the telephone call.
The following requirements must be adhered to when operating or traveling within a
Township vehicle:
A. Township vehicles may only be used for conducting Township business.
B. Vehicles may only be driven by authorized Township employees or contracted persons
having a valid driver’s license.
C. Only authorized persons are permitted to ride in a Township vehicle.
D. The use of Township vehicles outside of the Township must be for Township business
and must be pre-approved except:
o When crossing another jurisdiction to reach a part of the township.
o When hauling gravel from the stone quarry.
SEXUAL HARASSMENT POLICY
Sexual harassment, consists of unwelcome sexual advances, requests for sexual favors or
other verbal or physical acts of a sexual or sex based nature.
Sexual harassment is unlawful, and such prohibited conduct exposes individuals involved in
such conduct, to significant liability under the law.
Employees shall at all times treat other employees respectfully and with dignity in a manner
so as not to offend the sensibilities of a co-worker. Accordingly, Union Township is committed
to vigorously enforcing its Sexual Harassment Policy.
JUNK VEHICLE POLICY
Upon receiving a signed complaint of a junk motor vehicle the Township shall document
the junk vehicle by a written description of the vehicle and its location and obtain a dated
photograph of the vehicle and location. The owner of the property and any lien holder will be
notified by regular mail that a complaint has been received and the date and time of the
Trustees' Meeting when the complaint will be considered.
The Township Trustees at that meeting shall determine if the vehicle matches the definition
of a junk vehicle and is in fact a junk vehicle and, if determined to be a junk vehicle, shall pass
a Resolution declaring it to be a junk vehicle.
If a Resolution is passed declaring the vehicle to be a junk vehicle the Township shall notify
the property owner and any lien holder of the Resolution. The notification shall contain the
junk vehicle determination, the date for compliance, and the consequence of non-compliance
with the Resolution. The notification shall be sent by certified mail.
The word "Vehicle" shall be considered both singular and plural. Multiple vehicles and
locations may be addressed under one Resolution.
Authority granted by the OHIO REVISED CODE (ORC)
1. Union Township shall regulate junk motor vehicles, as defined in the ORC 505.173 (E),
within the Township boundaries pursuant to the ORC 505.871.
2. The Township shall require "collector" cars to be stored in accordance with the ORC 505.173
(A)
3. The Township will provide for the removal of junk motor vehicles as provided under ORC
505.85.
TOWNSHIP TRAVEL POLICY
A: Purpose.
In order to fulfill the obligations of the Board of Township Trustees and Fiscal Officer of Union
Township to responsibly manage the township funds this travel policy is adopted May 12,
2009 by the Board of Township Trustees.
B. Budget.
The Township’s Fiscal Officer shall establish an entry for travel expenses and the Board of
Township Trustees shall appropriate a maximum amount to be used for travel in the annual
budget.
C. General.
This policy shall apply to all officers, officials, employees, and agents of Union Township who
travel for the Township on township business.
All officers, officials, employees, and agents are expected to exercise good judgment and
prudent care in the expenditures of township funds used for travel.
All travel in which travel costs exceed $100.00 (one hundred dollars) shall be approved by the
Board of Trustees prior to departure. All travel in which travel costs are less than $100.00 (one
hundred dollars) shall be approved by a Trustees prior to departure. A written request for any
travel that will be paid for by the Township shall be submitted prior to travel.
Cash advances for pre-approved travel may be requested in order to prevent the person(s)
from paying Township travel expenses from their personal funds. Cash advances will be
limited to $75.00 (seventy-five dollars) per day. A written request for a cash advance must be
presented to the fiscal officer one week before the travel date and the advance check made
available no more than two days prior to travel date. Persons securing a cash advance are
responsible for the full amount of the advance. Prepayment of expenses, such as fees for
conferences, meetings, etc. is encouraged.
All travel must be by a usually traveled route. Any extra costs incurred when travel is by an
indirect route not for the benefit of the Township shall be borne by the person and
reimbursement for expenses will be based on the costs that would have been incurred by the
usually traveled route.
All travel will be by the most economical means of transportation. Every effort should be
made to take advantage of any special rates, discounts, etc. on commercial travel means,
vehicle rentals, lodging, etc
Lodging expenses will be reimbursed based on the single room rate or the lowest rate allowed
a single occupancy. In situations where the person is accompanied by family, friends, or other
persons, documentation shall be adequate to allow the separation of Township and personal
costs. The Township shall only reimburse for actual Township costs. Lodging rates in excess of
the lowest standard rate for the area will be reimbursed at a level equal to no more than the
lowest standard in the area.
Expenses for meals will be reimbursed when a person is traveling and will be calculated on a
24 (twenty-four) hour period from the time of departure on a per diem basis at $30.00 (thirty
dollars) per day. For partial days reimbursement will be at $6.00 (six dollars) for breakfast,
$8.00 (eight dollars) for lunch, and $16.00 (sixteen dollars) for dinner. This includes the costs
of the meals and any tips. Any meal expense over the per diem will be borne by the person.
Partial day reimbursement will only be in conjunction with a 24 (twenty-four) hour period and
not individually.
Travel expense reimbursement will not cover personal services, alcoholic drinks,
entertainment, supplemental insurance on car rental, flight insurance, fines for traffic or other
violations, repairs to or expenses related to private vehicles, etc. or other unauthorized
expenses.
Expenses related to entertaining a guest when circumstance require are sometimes
reimbursable with prior approval from the Board of Township Trustees.
All expenses shall be documented with original receipts and an itemized expense report
presented to the Board of Township Trustees for approval and authorization for payment.
D. Mileage Reimbursement.
When a person uses their own vehicle for transportation the Township will reimburse them at
the Internal Revenue Service's (IRS) standard business mileage rate. If a person chooses to
drive their own vehicle, contrary to the determined most economical mode of transportation,
the person will be reimbursed for the cost of gasoline only. All private vehicles shall comply
with the insurance liability under ORC 4509.51. No reimbursement will be paid for using
Township vehicles. A valid driver’s license is required.
E. Other Expenses
The Township shall reimburse a person for any miscellaneous expenses incurred for township
business. Any claimed expense over $2.00 (two dollars) must be accompanied by a receipt.
Allowable expenses include but are not limit to bus, subway, taxi, telephone calls, tolls,
parking fees, etc.
F. Options
A person may freely chooses to pay their own travel expenses and seek no reimbursement
from the Township. In doing so they are exempt from any and all requirements of this travel
policy.
G. Modifications.
The Board of Township Trustees may modify the expenses limits and requirements of this
policy when dictated by unforeseen circumstances.
PUBLIC RECORDS POLICY
Introduction:
It is the policy of Union Township that openness leads to a better informed citizenry, which
leads to more transparent government and sounder public policy. It is our policy to strictly
adhere to the state’s Public Records Act as well as other state and federal laws.
Ohio’s Public Records Act imposes two primary obligations upon public offices:
1. Provide prompt inspection of public records (R.C. 149.43(B)(1)); and
2. Provide copies of public records within a reasonable period of time (R.C. 149.43(B) (2)).
The Public Records Act evolved from the principle that Ohio’s citizens are entitled to access
the records of their government. We agree that to advance that principle, the Public Records
Act should be interpreted liberally in favor of disclosure.
Section 1 Public Records
Under Ohio law, a public office may only create records that are necessary for the adequate
and proper documentation of the organization, functions, policies, decisions, procedures and
essential transactions of the agency and for the protection of the legal and financial rights of
the state and persons directly affect by the agency’s activities. (R.C. 149.40).
In accordance with the Ohio Revised Code and court rulings, “records” are defined as those
items that meet all of the following:
1. Any document, device, or item, regardless of physical form or characteristic, including
an electronic record (which includes but is not limited to e-mail or other record
created, generated, sent, communicated, received, or stored by electronic means);
2. That is created or received by, or coming under the jurisdiction of a public office; and
3. That documents the organization, functions, policies, decisions, procedures,
operations, or other activities of the office. (R.C. § 149.011(G)).
The determination of whether a specific item constitutes a “record” will depend on the facts
and circumstances surrounding the particular item requested. The Ohio Supreme Court has
imposed an actual use standard in defining a “record,” which means that an item is not
automatically a “record” simply because the public office could (but did not) use a document
it received to carry out its duties and responsibilities.
Furthermore, a public office is not required to create new records to respond to a public
records request, even if it is only a matter of compiling information from existing records.
Section 1.1
It is the policy of Union Township that, as required by Ohio law, records will be organized and
maintained so that they are made available for inspection to any person at all reasonable
times during regular business hours. (R.C. 149.43(B)(1).
Copies will be made available upon request within a reasonable period of time. (R.C.
149.43(B)(1)).
A current record retention schedule will be readily available to the public upon request. (R.C.
149.43(B)(2))
Section 1.2
Not all of Union Township’s records are public records. Certain records are exempt from the
Public Records Act. Exempt records include records:
1. The release of which is prohibited by state or federal law, or
2. That are subject to an express exception set forth in Ohio’s Public Records Act, which
may be released only if Union Township decides to waive the express exception.
Examples of records, the release of which is prohibited by state or federal law, include, but are
not limited to, the following:
1. Attorney-client privileged information;
2. Records of a Certified Public Accountant or public accountant in the performance of
an audit of a public office (R.C. 4701.19(B));
3. Federal tax returns (26 U.S.C. 6103(a));
4. Criminal background information and other law enforcement information on the
LEADS/CCH/NCIC computer database (42 U.S.C. 3789g);
5. Records that have been sealed pursuant to a statutorily authorized court order (i.e.
R.C. 2953.52);
6. Peace officer’s home address during the pendency of a criminal case in which the
officer is a witness or arresting officer (R.C. 2921.24(A)); and
7. Employees’ and their family members records that were created for purposes of
the Family Medical Leave Act or the Americans with Disabilities Act (29 CFR
825.500(g) and 1630.14(c)(1)).
Examples of records that are subject to an express exception set forth in Ohio’s Public
Records Act, which may be released only if Union Township decides to waive the express
exception include, but are not limited to, the following:
1. Peace Officer, firefighter, EMT, prosecutor, assistant prosecutor, children’s services
worker, or corrections officer, Residential and Familial Information (R.C. 149.43(A)(7));
2. Records that pertain to a patient’s medical history, diagnosis, prognosis, or medical
condition and that were general and maintained in the process of medical treatment
(R.C. 149.43(A)(1)(a));
3. Records that contain information that was specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or proceeding
(R.C. 149.43(A)(1)(g)); and
4. Records that pertain to a law enforcement matter of a criminal, quasi-criminal, civil, or
administrative nature and that, if released, would create a high probability of
disclosing any of the following (1) the identity of an uncharged suspect, (2) the identity
of a confidential source, (3) specific confidential investigatory techniques or
procedures; (4) specific investigative work product; or (5) information that would
endanger the life or physical safety of law enforcement personnel, a crime victim, a
witness, or a confidential source (R.C. 149.43(A)(2)).
The exemptions to the Public Records Act will be narrowly construed by this office in the favor
of disclosure. This office may seek a legal review prior to determining whether or not an
exception applies.
Section 2. Record Requests
Each request for public records should be evaluated for a response using the following
guidelines:
Section 2.1
Although no specific language is required to make a request, the requester must at least
identify the records requested with sufficient clarity to allow this office to identify, retrieve,
and review the records. If a requester makes an ambiguous or overly broad request or has
difficulty in making a request for copies or inspection of public records such that this office
cannot reasonably identify what public records are being requested, then this office may deny
the request. In such case, this office will provide the requester with an opportunity to revise
the request by informing him/her of the manner in which records are maintained by the office
and accessed in the ordinary course of this office’s duties. (R.C. 149.43(B)(2)).
Section 2.2
The requester does not have to put a records request in writing, and does not have to provide
his/her identity or the intended use of the requested public record. However, the records
custodian may ask for a written request and may ask for the requestor’s identity and/or
intended use of the information requested if ;
1. It would benefit the requestor by helping the public office identify, locate or deliver
the records being sought, and
2. The requestor is informed that a written request and the requestor’s identity and
intended use of the information requested are not required. (R.C. 149.43(B)(5)).
Section 2.21
This office will permit a requester to choose to have the public record duplicated upon paper,
upon the same medium which this office keeps it, or upon any other medium which this office
determines that it reasonably can be duplicated as an integral part of the normal operations
of this office. This office is not required to allow the requester to make the copies of the public
record. (R.C. 149.43(B)(6)).
Section 2.3
Public records should be available for inspection at all reasonable times during regular
business hours. Public records should be made available for inspection promptly. (R.C.
149.43(B)(1). To the extent that an office may operate 24-hours-a-day, the records of that
office will be made available for inspection during normal administrative hours.
Copies of public records should be made available within a reasonable period of time. (R.C.
149.43(B)(1)).
The determination of the terms “prompt” and “reasonable” take into account the volume of
records requested; the proximity of the location where the records are stored; and the
necessity for any legal review of the records requested.
Section 2.4
Each request should be evaluated for an estimated length of time required to gather the
records. Routine requests for records should be satisfied immediately if feasible to do so.
Routine requests include, but are not limited to, meeting minutes (both in draft and final
form), resolutions, budgets, etc.
Section 2.5
Upon request, this office will provide copies of public records to a requester by United States
mail or by any other delivery means or transmission that this office deems reasonable. (R.C.
149.43(B)(7)).
This office will limit to ten the number of copies of public records provided per month to a
requester by United States Mail, unless the requester certifies in writing that he/she does not
intend to use or forward the requested records, or the information contained in them, for
commercial purposes. (The word “commercial” should be narrowly construed and does not
include reporting or gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of government, or nonprofit
educational research). (R.C. 149.43(B)(7)).
Section 2.6
By Ohio law, this office is not required to permit a person who is incarcerated pursuant to a
criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public
record concerning a criminal investigation or prosecution or concerning what would be a
criminal investigation if the subject of the investigation or prosecution were an adult, unless
the judge who imposed the sentence or made the adjudication with respect to the person, or
the judge’s successor in office, finds that the information sought in the public record is
necessary to support what appears to be a justifiable claim of the person. R.C. 149.43(B) (8).
Section 2.7
This office, in response to a written request made and signed by a journalist, which must
include the journalist’s name and title and the name and address of the journalist’s employer
and which states that the disclosure of the information sought would be in the public interest,
will provide the address of the actual personal residence of anyone employed by this office as
a peace officer, firefighter, EMT, prosecutor, assistant prosecutor, children’s services worker,
or corrections officer, and, if such employee’s spouse, former spouse, or child is employed by
a public office, the name and address of that public office. (R.C. 149.43(B)(9)).
Section 2.8
Any denial of public records requested, in part or in whole, should include an explanation,
including legal authority, as to why the request was denied. If the initial request was provided
in writing, the explanation for denial will be provided to the requester in writing. (R.C.
149.43(B)(3)).
If portions of a record are public and portions are exempt, the exempt portions should be
redacted and the rest released. If there are redactions, the office will notify the requester of
any redaction or make the redaction plainly visible. Each redaction should be accompanied by
a supporting explanation, including legal authority, as to why the redaction was made. (R.C.
149.43(B)(1) and (2)).
Section 2.9
This office has no duty to provide records acquired after a request for records is complete.
Section 3. Costs for Public Records
Those seeking public records should be charged only the actual cost of making copies, unless
the cost is otherwise set by statute. (R.C. 149.43(B)(1)). Employee time should not be
calculated into the charge for copying a public record. However, in the event that
circumstances make it reasonable for this office to hire an outside contractor to make copies
of requested records, the requester will be charged the actual cost paid to the outside
contractor for the copying service. (R.C. 149.43(F)(2)(a)). These circumstances may include
but not be limited to a lack of in-house photocopying resources or labor.
This office has no duty to provide copies of public records free of charge to someone who
indicates an inability or unwillingness to pay for them.
Section 3.1
The charge for paper copies is [TEN] cents per page.
Section 3.2
This office may require a requester to pay in advance the cost involved in providing the copy
of the public record, as requested. (R.C. 149.43(B)(6)).
Section 3.3
Upon request, this office will provide copies of public records to a requester by United States
mail or by any other delivery means or transmission that this office deems reasonable. This
office may require such a requester to pay in advance the cost of postage or costs incurred for
other supplies used in the mailing, delivery, or transmission. (R.C. 149.43(B)(7)).
Section 3.4
There may be instances when this office may be able to provide copies made in-house
without disrupting its normal functions, but only over an extended period of time. In that
instance, this office may offer the requester the options of (1) having the documents
produced through a faster method by employing temporary personnel and equipment, (2)
using an external private contractor, or (3) having the documents produced in-house by this
public office’s normal staff and equipment in a less efficient and more time-consuming
manner.
Section 4. Failure to Respond to a Public Records Request
This office recognizes the legal and non-legal consequences of failure to properly respond to a
public records request. In addition to the distrust in government that failure to comply may
cause, this office’s failure to comply with a request may result in the requester commencing a
mandamus action against this office in either the court of common pleas, in the court of
appeals, or in the Supreme Court of Ohio. The court may order this office to comply with the
Public Records Act, as well as order this office to pay statutory damages of one hundred
dollars for each business day (beginning with the day the requester files the mandamus
action) during which this public office failed to comply (up to a maximum of one thousand
dollars), as well as court costs and the requester’s reasonable attorney fees.
Adopted; February 12, 2008
Union Township Board of Trustees
Indigent Burial Policy
Union Township Policy for the Burial or Cremation of Unclaimed or Indigent Bodies at the
Expense of the Township.
Resolution enacted March 25, 2008.
Union Township will pay for cremation of any unclaimed or indigent person, who at the time
of death was a legal resident of Union Township, in accordance with the Ohio Revised Code
Section 9.15. (See page 2)
Pursuant to the Ohio Revised Code Section 5.17.06 and Section 9.15, Union Township shall
provide a grave, a grave marker, and the opening and closing for burial of the cremation
remains of any unclaimed or indigent person who was at the time of death a legal resident of
Union Township.(See pages 2 and 3)
Union Township shall only pay for the cost of cremation and the opening and closing for the
burial of the cremation remains. The Township shall not pay for any other costs associated
with embalming, funeral, transportation, services of any kind, visitation charges, etc.
In the event that cremation is not acceptable, Union Township will pay an amount equal to
the cost of cremation toward another method that is more costly than cremation. In this case
Union Township shall require a payment for the grave site, and the opening and closing costs.
Also Union Township shall not provide a grave marker/monument.
The Township may require documented proof that the individual that died was indigent.
The Township may require documented proof of the legal residence of the individual that
died.
The Township may seek bids for the cost of cremation from more then one funeral home.
The Township may select the funeral home that will provide the cremation service.
OHIO REVISED CODE Sections cited.
9.15 Burial or cremation of body at expense of township or municipal corporation.
When the body of a dead person is found in a township or municipal corporation, and such
person was not an inmate of a correctional, benevolent, or charitable institution of this state,
and the body is not claimed by any person for private interment or cremation at the person’s
own expense, or delivered for the purpose of medical or surgical study or dissection in
accordance with section 1713.34 of the Revised Code, it shall be disposed of as follows:
(A) If the person was a legal resident of the county, the proper officers of the township or
municipal corporation in which the person’s body was found shall cause it to be buried or
cremated at the expense of the township or municipal corporation in which the person had a
legal residence at the time of death.
(B) If the person had a legal residence in any other county of the state at the time of death,
the superintendent of the county home of the county in which such body was found shall
cause it to be buried or cremated at the expense of the township or municipal corporation in
which the person had a legal residence at the time of death.
(C) If the person was an inmate of a correctional institution of the county or a patient or
resident of a benevolent institution of the county, the person had no legal residence in the
state, or the person’s legal residence is unknown, the superintendent shall cause the person to
be buried or cremated at the expense of the county.
Such officials shall provide, at the grave of the person or, if the person’s cremated remains are
buried, at the grave of the person’s cremated remains, a stone or concrete marker on which
the person’s name and age, if known, and date of death shall be inscribed.
A political subdivision is not relieved of its duty to bury or cremate a person at its expense
under this section when the body is claimed by an indigent person.
Effective Date: 2007 HB119 09-29-2007
517.06 Cemetery plat.
The board of township trustees shall have the cemetery laid out in lots, avenues, and paths,
shall number the lots, and shall have a suitable plat of the lots made, which plat shall be
carefully kept by the township fiscal officer. The board shall make and enforce all needful
rules and regulations for the division of the cemetery into lots, for the allotment of lots to
families or individuals, and for the care, supervision, and improvement of the lots. The board
shall require the grass and weeds in the cemetery to be cut and destroyed at least twice each
year. Suitable provision shall be made in the cemetery for persons whose burial is at the
expense of the township.
Effective Date: 10-01-1953; 12-20-2005p
NOISE POLICY
Union Township Noise
Effective Date April 14, 2015
Resolution
Ohio Revised Code Referenced - 505.172 Noise Control
Declaration of policy:
It is hereby declared to be the public policy of Union Township, Fayette County, Ohio to
protect its citizens against excessive noise which is detrimental to life, health and enjoyment
of property. In order to promote the public health, safety, welfare and the peace and quiet of
the inhabitants of the Township, the following measurements and standards relating to noise
are hereby adopted.
Enforcement:
Ohio Revised Code 505.172 Noise Control provides for any law enforcement officer with
jurisdiction in a township to enforce this resolution.
Violations:
Whoever violates any regulation or order is guilty of a misdemeanor of the second degree.
Fines levied and collected under this resolution shall be paid into the township general
revenue fund.
Definitions:
For the purposes of this resolution, the following words and phrases shall have these
meanings:
Daytime means the local time of day between the hours of 8:00 a.m. and 8:00 p.m. weekdays
and from 9:00 a.m. to 8:00 p.m. on Saturdays, Sundays and legal holidays observed by local
government unless otherwise specified.
Decibel means a unit for expressing the relative intensity of sounds on a scale from zero for
the average least perceptible sound to about 130 for the average pain level.
Nighttime means those times excluded from the definition of daytime.
Noise means any steady-state or impulsive sound occurring on either a continuous or
intermittent basis.
Noise disturbance means any noise which is of such intensity that it detrimentally effects the
public health, safety, welfare and the peace and quiet of the inhabitants of the township.
Sound level meter means an instrument to measure sound intensity in decibels (dB).
Standards:
Except as otherwise provided, any noise which emanates from any operation, activity or
source and which exceeds the maximum permissible sound levels established below is hereby
prohibited. Such levels shall be measured at the property boundary of the sound source or at
any point within any other property affected by the noise.
Maximum Noise Levels During Daytime:
Maximum permissible intermittent noise disturbance levels as observed or measured at the
property line shall be 65 decibels within a continuous ten minute time period.
Maximum permissible sustained noise disturbance levels as observed or measured at the
property line shall be 55 decibels within a continuous 60 minute time period.
Maximum Noise Levels During Nighttime:
Maximum permissible noise disturbance levels as observed or measured at the property line
shall be 50 decibels for either intermittent or continuous noise disturbances.
Exemptions:
1. Operation of maintenance, repair or lawn or tree equipment of less than 95 decibels as
measured or observed at the property line during daytime hours.
2. Crowd or amplified systems at sporting, social, or music events until 10:30 PM if less than
80 decibels.
3. Emergency equipment and sirens.
4. Emergency repair of facilities or restoration of services by utility companies.
5. Any person, with lawfully obtained permits, who operates or causes to be operated any
equipment used in construction, repair, alteration or demolition work on buildings or
structures, in the outdoors shall not be subject to the levels enumerated above during
daytime hours.
6. County, Township, or State personnel performing public projects, repair or maintenance
work.
7. Noise relating to the collection of trash or refuse with a duration of no more than 5 minutes.
Exemption Permits:
A permit for exemptions from the provisions of this resolution may be granted by the
Township Trustees in accordance with the requirements below:
1. Any person responsible for any noise from the operation of any equipment used in
construction, repair, alteration or demolition work shall apply to Union Township for an
exemption or partial exemption permit from this resolution. Exemptions or partial exemption
may be granted if the following conditions are met.
2. The noise does not endanger the public health, safety or welfare.
3. Compliance would cause a serious hardship without producing equal or greater benefit to
the public.
In determining whether to grant such exemption the Township Trustees shall consider the
following:
A. The time of day the noise will occur;
B. The duration of the noise;
C. The loudness of the noise in relation to the maximum permissible sound levels.
D. Whether the noise is intermittent or continuous.
E. Such other matters as are reasonably related to the impact of the noise on the health,
safety and welfare of the community and the degree of hardship which may result from the
enforcement of the resolution.
Exemptions or partial exemptions issued pursuant to this resolution shall be granted for such
time as the Township Trustees deems reasonable. Any such exemption shall be reviewed if
complaints are received and may be revoked when the conditions under which it was granted
are not met, or if circumstances no longer justify the exemption or partial exemption. The
vote for cancellation of an exemption or partial exemption by Township Trustees must be
unanimous.
General Prohibitions:
The following specific acts are violations of this resolution:
Sounding a horn or other signaling device on any motor vehicle except as an emergency or
signal.
Operating or causing to be operated a public or private motor vehicle or motorcycle on a
public right-of-way at any time in such a manner that the sound level emitted by the motor
vehicle or motorcycle, when measured at a distance of 50 feet or more, exceeds the
maximum permissible levels.
Talking, yelling, shouting, screaming, singing, or any other form of human sounds produced
by any person or group of people between the hours of 10:30 p.m. and 7:00 a.m. in such a
manner as to be audible across property boundaries or audible through partitions common to
two or more residences within a building.
Playing, operating or permitting to be operated, any electronic device used for the
amplification of sound, which emits sound within or without of a motor vehicle being
operated or parked on a public road, highway, street, alley, or parking lot open to the public
which emits sound audible from outside the motor vehicle at a distance of 50 feet or more
which exceeds the maximum permissible levels.
Any animal or bird except farm animals in agricultural districts that create noise such that it is
audible at least once a minute for ten consecutive minutes and which exceeds the maximum
permissible levels.
Measurement procedures:
If the noise disturbance is of such intensity that an observation by the investigating law
enforcing
officer judges it to be excessive and estimates it above the maximum allowable level then
measurements with a decibel meter is not required.
The measurement or estimate of noise or a noise disturbance shall be as follows:
The measurement or estimate shall be made at the property boundary on which such noise is
generated, or at any point within the receiving property affected by the noise.
A minimum of 3 measurement or estimates of the sound level will be made at different points.
The measurement of sound or noise shall be made with a sound level meter or decibel meter.
Documentation:
A Noise Disturbance Report will be completed and contain the following:
Date and Time of the noise disturbance.
Name of the person reporting the noise disturbance.
Address of the noise disturbance.
Name of property owner.
Name of the person if not the property owner.
Type of the noise disturbance. Origin of the noise disturbance. Estimated or measured
intensity.
A copy filed with the Fayette County Sheriff's Office.
Criteria Used:
U.S. Department of Health & Human Services
National Institutes of Health
Sound Ruler
Sounds that are too loud, or loud sounds over a long time, can damage your hearing.
The loudness of sounds is measured in decibels (dB).
How loud is too loud?
dB level
What we hear
10 dB
Normal breathing
20 dB
Rustling leaves, mosquito
30 dB
Whisper
40 dB
Stream, refrigerator humming
50-60 dB Quiet office
50-65 dB Normal conversation
60-65 dB Laughter
70 dB
75 dB
78 dB
80 dB
Vacuum cleaner, hair dryer
Dishwasher
Washing machine
Garbage disposal, city traffic noise
Prolonged exposure to any noise above 85 dB can cause gradual hearing loss.
84 dB
Diesel truck
70-90 dB
Recreational vehicle
88 dB
Subway, motorcycle
85-90 dB Lawnmower
100 dB
Train, garbage truck
97 dB
Newspaper press
98 dB
Farm tractor
Regular exposure of more than 1 minute risks permanent hearing loss.
103 dB
Jet flyover at 100 feet
105 dB
Snowmobile
110 dB
Jackhammer, power saw, symphony orchestra
120 dB
Thunderclap, discotheque/boom box
110-125 dB Stereo
110-140 dB Rock concerts
130 dB
Jet takeoff, shotgun firing
145 dB
Boom cars