[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 6-10-1991 by Ord. No. 174 (Ch. 26, Art. V, Div. 2, of the 2003
Code of Ordinances). Amendments noted where applicable.]
Violations of this chapter are a municipal civil infraction.
No person shall make, continue or cause to be made or continued
any loud, raucous, improper, unreasonable, offensive or unusual noise
which disturbs, injures or endangers the comfort, repose, health,
peace or safety of others within the Village.
[Amended 8-14-1993 by Ord. No. 178]
The following acts are declared to be loud, raucous or disturbing
noises in violation of this chapter, but such enumeration shall not
be deemed to be exclusive:
A.
The sounding of any horn or signaling device on any automobile, motorcycle
or other vehicle on any street or public place, except as a danger
warning; the creation by means of any such signaling device of any
unreasonably loud and raucous sound; and the sounding of any such
device for an unreasonable period of time. The use of any signaling
device, except one operated by 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 held up for any reason.
B.
Using, operating or permitting to be played, used or operated, any
radio receiving set, musical instrument, phonograph or other machine
or device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants,
or at any time with louder volume than is necessary for convenient
hearing for the person who is in the room, vehicle or chamber in which
such machine or device is operated and who is a voluntary listener.
The operation of any such set, instrument, phonograph, machine or
service at any time in such a manner as 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.
C.
Using, operating or permitting to be played, used or operated any
radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public to
any building or structure.
D.
Yelling, shouting, hooting, whistling or singing on the public streets,
or at any time or place so as to annoy or disturb the quiet, comfort
or repose of persons in any office, dwelling or other type of residence,
or of any person in the vicinity.
E.
The keeping of any animal or bird which, by causing frequent or long
continued noise, shall disturb the comfort or repose of any person
in the vicinity.
F.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, motorboat or motor vehicle,
except through muffler or other device which will effectively prevent
loud or explosive noises therefrom.
G.
Motor vehicles.
(1)
The use of any automobile, motorcycle or other vehicle so out of
repair, so loaded or in such a manner as to create loud and unnecessary
engine noise, grating, grinding, rattling or other noise in excess
of the noise limit measured in decibels as prescribed by state standards.
The noise limit applies to total noise from a motor vehicle or motorcycle
including noise of other vehicles attached thereto.
(2)
The operation of any motor vehicle or motorcycle in such a manner
as to create excessive noise such as squealing of tires or other noise
unrelated to engine noise, and noise caused by unnecessary grinding,
rattling or other vehicle disrepair, need not be measured in decibels
to constitute a violation of this section.
H.
The creation of a loud and excessive noise in connection with loading
or unloading any vehicle, or the opening and destruction of bales,
boxes, crates and containers.
I.
The erection, including excavating, demolition, alteration or repair
of any building, other than between the hours of 7:00 a.m. and 6:00
p.m. on weekdays, except in the case of urgent necessity in the interest
of public health and safety, and then only with a permit from the
Building Inspector. The permit may be granted for a period not to
exceed three days or less, while the emergency continues, and may
be renewed for periods of three days or less, while the emergency
continues. If the Building Inspector shall determine that the public
health and safety will not be impaired by the erection, demolition,
alteration or repair of any building, or the excavation of streets
and highways, within the hours of 6:00 p.m. and 7:00 a.m., and further
determines that loss or inconvenience would result to any party in
interest, he may grant permission for such work to be done within
the hours of 6:00 p.m. and 7:00 a.m., upon application being made
at the time the permit for the work is awarded or during the progress
of the work.
J.
The creation of any loud and raucous noise on any street adjacent
to any school, institution of learning, church or court while they
are in use, or adjacent to any hospital, which unreasonably interferes
with the workings of such institution, or which unduly disturbs patients
in the hospital, provided conspicuous signs are displayed in such
streets indicating that they are a school, hospital or court street.
K.
The shouting and crying of peddlers, hawkers and vendors which disturbs
the peace and quiet of the neighborhood.
L.
The use of any drum or other instrument or device for the purpose
of attracting attention, by creation of noise, to any performance,
show or sale.
M.
The operation between the hours of 10:00 p.m. and 7:00 a.m. of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electric
hoist or other appliance, the use of which is attended by loud or
unusual noise.
N.
The operation of any noise-creating blower or power fan, or any internal
combustion engine, the operation of which causes loud and raucous
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.
A.
The Chief of Police shall have the authority to grant an annual permit
to persons who desire to play noncommercial music in public places.
Such permit requests shall be reviewed in light of the applicant providing
the following information in written form to the Chief of Police:
B.
Upon submission of the information required in this section, the
Chief of Police shall review the information, and if he determines
that a public nuisance will not be created which would disturb, injure
or endanger the peace and safety of others, an annual permit shall
be issued. Any permit granted by the Chief of Police may be revoked
upon a determination that the playing of such music creates a loud,
raucous, unreasonable or offensive noise in violation of this chapter.
