WEATHERSFIELD TOWNSHIP Noise from patio leads to citations

The police chief will see if he can make arrests at the restaurant's new bar.
MINERAL RIDGE -- McMenamy's on U.S. Route 422 is under fire from Weathersfield Township officials for zoning violations and excessive noise.
At issue is a patio bar the banquet/restaurant facility in Niles recently added that sits on township property.
Sherri Craver, township zoning inspector, told trustees Tuesday night the business has violated several zoning regulations.
She said McMenamy's has no permit for the new patio, no occupancy permit for a business, no conditional-use permit to operate a business with a liquor permit, and no permit to operate a commercial business in a residential district.
She said she issued the zoning citations to the establishment June 2-3.
The township also has pending in common pleas court an appeal to overturn a move by Niles to annex the entire McMenamy's property. Judge John M. Stuard has issued an order stopping the Niles clerk from presenting the annexation to city council for any formal action and also stopping council from approving the annexation.
Township lawyer William Roux presented a brief to Judge Stuard on June 2 for his consideration on why the annexation should be turned down.
Complaints
A Gardenland area resident told trustees he and his neighbors placed numerous phone calls to Niles police about the noise coming from the patio bar when a band was playing there May 28.
Fifty-three McKinley Heights residents who live near the bar presented trustees with a petition about the disruptive music that was played at the bar last month.
Joseph Consiglio, township police chief, said he would arrest band members and the business owner if the county prosecutor says he can if the loud music and noise continues.
The letter from the township zoning office called for McMenamy's to stop all operations at the patio bar subject to further legal action. State law also allows a penalty of up to $100 a day per violation since the date of the establishment's first notice.
Requirements
The business also must get a valid zoning certificate for a garage-pole barn on its property. The dwelling was constructed before obtaining that certificate.
The business also must obtain a valid occupancy permit before establishing any new use, or change the existing use, of any building within the township.
A fire inspection also should be completed by the township fire department before obtaining an occupancy permit.
McMenamy's, within seven days of its receipt of the letter, must apply for a valid conditional-use permit for the business. Such a permit is required for any establishment which requires licensing by the Ohio Department of Liquor Control.
The letter says failure to meet these other requirements are also subject to a fine of up to $100 a day per violation since the date of the first notice.