ORDINANCE #168 - NOISE CONTROL and PUBLIC NUISANCE ORDINANCE

Transcription

1 ORDINANCE #168 - NOISE CONTROL and PUBLIC NUISANCE ORDINANCE AN ORDINANCE to secure the public health, safety and general welfare of the residents and property owners of Howard Township, Cass County, Michigan, by the regulation of noise within said Township; to prescribe the penalties for the violation thereof and to repeal ordinances or parts of ordinances in conflict therewith. The Township of Howard ordains: SECTION I NOISE CONTROL Loud and Necessary Noises a. Enumeration It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the Township. The following acts are declared to be loud, disturbing and unnecessary noise, but such enumeration shall not be deemed exclusive: (1) Horns, signaling devices The sounding of any horn or signaling device on any automobile, truck, motorcycle, van, recreational vehicle, or other vehicle on any street or public place of the Township, except as a danger warning; the creation by means of any such signaling device for any unnecessary and unreasonable period of time. The use of any signaling device, except one operated hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. (2) Radios, sound reproduction The using, operating or permitting to be played, used or operated any radio, receiving set, stereo, musical instrument, tape or disc player or other machine or device for the producing or reproducing of sound in such manner so as to disturb the peace, quiet and comfort of the neighboring inhabitants at any time with louder volume than is necessary for convenient hearing for persons who are in the room, vehicle or chamber in which such machinery device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, tape player, machine or device in such a manner to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

2 (3) Loudspeakers, amplifiers for advertising The using, operating or permitting to be played, used or operated of any radio, receiving set, musical instrument, tape player, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public street for the purpose of commercial advertising or attracting the attention of the public to any building or structure. The Township Board may issue a license to operate sound amplification machines or devices, issuable at the discretion of the Township Board, after written application is filed with the Township Supervisor. (4) Construction or repair of structures The erection, including excavation, demolition, alteration or repair of any exterior portion of a structure or any unenclosed structure, between the hours of 11:00 p.m. and 7:00 a.m., when such activity includes the use of tools which, in use, produce audible sound. In the case of urgent necessity in the interest of public health and safety, the building inspector may grant and issue a permit for the construction or repair of structures between the hours of 11:00 p.m. and 7:00 a.m., which shall be granted for a period not to exceed three (3) days while the emergency continues and which may be renewed for periods of three (3) days or less while the emergency exists. (5) Schools, courts, churches, hospitals The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use; or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, church, hospital or court street. (6) Blowers The operation of any noise-creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. b. General prohibition; exception No person shall make, cause, permit or allow to be made upon a place open to the general public or in such close proximity to a place open to the general public as to be distinctly and loudly audible upon such place open to the general public, any noise of any kind by crying, calling or

3 shouting, or by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, hand organ, mechanically operated piano, other musical instrument, wind instrument, mechanical device, radio, tape player, sound amplifying or other similar electronic device; provided, however, that an itinerant musician is not hereby restricted or prohibited so long as he obtained a permit from the Township Board, nor does this subsection apply to bands and orchestras or similar musical bodies utilized as part of a parade or similar authorized musical production. Nor the noise associated with the legal and lawful use of a township park or lake. SECTION II MOTOR VEHICLE NOISE AND EXHAUST a. General requirements The following provisions in relation to motor vehicle noise and exhaust are required: (1) Mufflers; use of cutout or bypass A motor vehicle, including a motorcycle or moped, shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. A person shall not remove, destroy or damage any of the baffles contained in the muffler, nor shall a person use a muffler cutout, bypass or similar device upon a motorcycle or moped on a highway or street. (2) Engine adjustment to prevent fumes The engine and power mechanism of a motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (3) Exhaust system, tailpipe and resonator A motor vehicle shall at all times be equipped with a properly operating exhaust system which shall include a tailpipe and resonator on a vehicle where the original design included a tailpipe and resonator. b. Definitions The following words, terms and phrases, when used in subsections (c), (d) and (e) of this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

4 (1) Combination vehicle means any combination of truck, truck tractor, trailer, semi-trailer or pole trailer used upon the highways or streets in the transportation of passengers or property. (2) Gross vehicle weight rating means the value specified by the manufacturer as the loaded weight of a vehicle. (3) Muffler means device for abating the sound of escaping gases of an internal combustion engine. (4) Noise means any sound. (5) Total noise means noises radiating from a vehicle but does not include noises emitted from a horn, siren, bell or other similar device of an authorized emergency vehicle. c. Exhaust system requirements Exhaust system requirements are as follows: (1) Generally - a motor vehicle, while being operated on a highway or street, shall be equipped with an exhaust system in good working order to prevent excessive or unusual noise. (2) Special mobile equipment; exclusion For purposes of subsections (b) through (e) of this section, a motor vehicle does not include special mobile equipment. d. Noise level limits; exhaust system parts Noise level limits and regulations governing exhaust system parts are as follows:

5 (1) Exhaust system defects; absence of muffler; cutout, bypass, amplifier or similar device- A person shall not operate a vehicle on a highway or street if the vehicle has a defect in the exhaust system which affects sound reduction, is not equipped with a muffler or other noise dissipative device, or is equipped with a cutout, bypass, amplifier or similar device. (2) Sale, installation or replacement of muffler or exhaust parts A person, either acting for himself or as the agent or employee of another, shall not sell, install, or replace a muffler or exhaust part is attached to be plainly audible at a distance of 50 feet. (3) Alteration of exhaust system parts; operation of altered vehicle A person shall not modify, repair, replace, or remove a part of an exhaust system causing the motor vehicle in which the system is attached to produce noise plainly audible at a distance of 50 feet, or operate a motor so altered on a street or highway. e. Penalty for violation of section The following provisions are the penalties for the violation of this section: (1) A person who violates subsection (d)(2) of this section is guilty of a misdemeanor punishable by a fine of $ and/or imprisonment for not more than 90 days. (2) A person who violates subsection (c), subsection (d)(2), subsection (d)(3) or subsection (d)(3) of this section is responsible for a civil infraction. (3) A person who, at the time of installation, knowingly installs a muffler or exhaust system which exceeds the limits of this section shall be liable to the person who receives the citation for violation of subsection (d) of this section for the amount of not less than $100.00, plus reasonable attorney s fees and court costs.

6 (4) If it is shown that the noise level of a motor vehicle is in excess of levels established in this section, that evidence shall be prima facie evidence that the motor vehicle was producing excessive noise in violation of this section. SECTION III PUBLIC NUISANCE REGULATIONS No person, firm or corporation shall create, cause or maintain any public nuisance within the Township by the unreasonable emission of dust, smoke, fly ash or noxious odors which are offensive or disturbing to adjacent property owners and residents or persons in the area. SECTION IV PENALTY FOR VIOLATION OF SECTION I; ADDITIONAL REMEDY; DECLARED PUBLIC NUISANCE; EXCEPTIONS a. Any person convicted of a violation of any provision of Section I shall be punished by a fine of not more than $ and costs of prosecution, or by imprisonment of not more than 90 days, or both. Each act or violation shall constitute a separate offense. b. Any person convicted of a violation of any provision of Section I for a second time shall be punished by a fine of not more than $ and costs of prosecution or by imprisonment of not more than 90 days, or both. The local police department may also seize any instrumentality causing the sound as contraband. c. None of the terms or prohibitions of this section shall apply to or be enforced against: (1) Emergency vehicles Any police or fire vehicle or any ambulance, while engaged upon emergency business. (2) Highway maintenance and construction Excavations, maintenance or repairs of bridges, streets, or highways by or on behalf of the Township, County or State,

7 during the night, when the public safety, welfare and convenience renders it impossible to perform such work during the day. SECTION V EFFECTIVE DATE This Ordinance shall become effective and supersede Ordinance #98 30 days following its publication or following the publication of a summary of its provisions in a local newspaper of general circulation. This Ordinance was adopted _September 19, 2006_ by the Howard Township Board of Trustees and made effective _October 23, 2006_. Upon roll call vote: The following voted aye Sutherland, Timm, Frost and Farmer. The following voted nay _Richmond.