[Ord. No. DC-02, 5-9-2002; amended 7-14-2011 by Ord. No.
2011-005; 9-9-2021 by Ord. No. 2021-05]
(a)
It
shall be unlawful for any person, business, or establishment or to
permit persons on his or her property or on property under his or
her control, to make, continue, or cause to make any loud, raucous,
or jarring noise, congregation, disturbance, or party such that any
reasonable person would, particularly between the hours of 11:00 p.m.
and 7:00 a.m. or at any time or place, find the quiet, comfort, repose,
or peace of persons in the vicinity disturbed.
(b)
No
person shall engage in the following noise-creating activities:
(1)
Radios, musical instruments and similar devices. The playing, using,
operating, or permitting to be played, used or operated, of any radio,
television, phonograph, drum, musical instrument, sound amplifier
or similar device which produces, reproduces, or amplifies sound inside
or outside of a building or structure, or in a parked or moving motor
vehicle, or in a boat on public waters, so as to produce sound that
is plainly audible and unreasonably loud at a distance of 50 feet
in any direction between the hours of 11:00 p.m. and 7:00 a.m., or
audible in a building other than that within which the device is located.
(2)
Shouting, whistling, etc. Yelling, shouting, hooting, whistling,
singing or the making of any other loud noises outside a building
between the hours of 11:00 p.m. and 7:00 a.m.
(3)
Animal and bird noises. The keeping of any animal or bird which,
by causing frequent or long-continued noise, shall disturb the comfort
or repose of any person. No person shall permit any dog under his
or her control to become a nuisance to others by allowing the dog
to bark loudly or to continuously bark, howl or yelp.
(4)
Heavy equipment and construction noises. Except for work on essential
services, the erection (including excavation for), demolition, alteration
or repair of any building, and the excavation of streets and highways,
between the hours of 10:00 p.m. and 7:00 a.m.
(5)
Loading and unloading. The creation of loud and excessive noise in
connection with loading and unloading any vehicle, garbage trucks,
garbage cans in or within 300 feet of any residential zone between
the hours of 10:00 p.m. and 6:00 a.m.
(6)
Engine exhaust. The discharge into the open air of the exhaust of
any steam or internal combustion engine except through a muffler or
other device which effectively prevents loud or explosive noises.
[Ord. No. DC-02, 5-9-2002]
No person shall make, aid, participate in, give countenance
to or assist in making any noise, disturbance, fight, quarrel, trouble
or improper diversion, or any rout, riot, or other unlawful congregation
or melee, by which the peace and good order of the Township are disturbed.
[Ord. No. DC-02, 5-9-2002]
No person shall permit or suffer any place occupied or controlled
by that individual to be a resort of noisy, boisterous, or disorderly
persons, to the annoyance or disturbance of the neighborhood and the
public peace.
[Ord. No. DC-02, 5-9-2002]
No person shall be intoxicated in a public place and act so
as to directly endanger the safety of another person or of property,
or in any manner that causes a disturbance; nor shall any person be
under the influence of a controlled substance. For purposes of this
section, the term "controlled substance" means any substance defined
as a controlled substance under MCL 333.7101 et seq.
[Ord. No. DC-02, 5-9-2002]
No person shall disrupt or disquiet any congregation or assembly
met for religious worship by making any noise or profane discord or
engaging in any behavior at or near the place of worship so as to
disturb the solemnity of the meeting.
[Ord. No. DC-02, 5-9-2002]
No person shall jostle or roughly crowd any person unnecessarily
in a public place.
[Ord. No. DC-02, 5-9-2002]
No person shall assault another or engage in or abet in any
disturbance, fight, quarrel, or act of physical violence in a public
place.
[Ord. No. DC-02, 5-9-2002]
No person shall engage in any indecent or obscene conduct in
a public place, or solicit, assault, or accost any person in a public
place for the purpose of committing an unlawful, indecent, or obscene
act.
[Ord. No. DC-02, 5-9-2002]
No person shall urinate or defecate in any public street, park,
public beach, or any other area open to the public.
[Ord. No. DC-02, 5-9-2002]
No person shall gun or race the engine of any motor vehicle,
including every motorcycle and motor-driven cycle, or run or operate
a motor vehicle, motorcycle or motor-driven cycle without a muffler
in good working order and in constant operation to prevent excessive
or unusual noise or 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 devise upon the motorcycle
or motor-driven cycle.
[Added 6-13-2013 by Ord.
No. 2013-4]
(a)
Intent: to regulate the ignition, discharge, and use of fireworks
within the Township in accordance with the rules and regulations of
the Michigan fireworks safety act, Public Act No. 256 of 2011 (MCLA
28.451 et seq.), as it may be amended from time-to-time.
(b)
ACT
ALCOHOLIC LIQUOR
ARTICLES PYROTECHNIC
CONSUMER FIREWORKS
CONTROLLED SUBSTANCE
DISPLAY FIREWORKS
FIREWORK OR FIREWORKS
LOW-IMPACT FIREWORKS
MINOR
NATIONAL HOLIDAY
RETAILER
SPECIAL EFFECTS
WHOLESALER
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
The Michigan fireworks safety act, Act No. 256 of 2011 (MCLA
28.451 et seq.), as amended.
That term as defined in section 1d of the Michigan vehicle
code, Act No. 300 of 1949 (MCLA 257.1d), as amended.
Pyrotechnic devices for professional use that are similar
to consumer fireworks in chemical composition and construction but
not intended for consumer use and are identified as such in the act.
Fireworks devices that are designed to produce visible effects
by combustion, that are required to comply with the construction,
chemical composition, and labeling regulations promulgated by the
United States Consumer Product Safety Commission and are identified
as such in the Act. Consumer fireworks do not include low-impact fireworks.
That term as defined in Section 8b of the Michigan vehicle
code, Act No. 300 of 1949 (MCLA 257.8b), as amended.
Large fireworks devices that are explosive materials intended
for use in fireworks displays and designed to produce visible or audible
effects by combustion, deflagration, or detonation and are identified
as such in the Act.
As defined by the Act, means any composition or device, except
for a starting pistol, a flare gun, or a flare, designed for the purpose
of producing visible or audible effect by combustion, deflagration,
or detonation. Fireworks consist of consumer fireworks, low-impact
fireworks, articles pyrotechnic, display fireworks, and special effects.
Ground and handheld sparkling devices as identified in the
Act.
An individual who is less than 18 years of age.
Any of the following legal public holidays: New Year's Day
(January 1); Birthday of Martin Luther King, Jr. (the third Monday
in January); Presidents Day (the third Monday in February); Memorial
Day (the last Monday in May); Independence Day (July 4); Labor Day
(the first Monday in September); Columbus Day (the second Monday in
October); Veterans Day (November 11); Thanksgiving Day (the fourth
Thursday in November); and Christmas Day (December 25).
Any person who sells consumer fireworks or low-impact fireworks
for resale to another person for ultimate use.
A combination of chemical elements or chemical compounds
capable of burning independently of the oxygen of the atmosphere and
designed and intended to produce an audible, visual, mechanical, or
thermal effect as an integral part of a motion picture, radio, television,
theatrical, or opera production or live entertainment.
Any person who sells consumer fireworks or low-impact fireworks
to a retailer or any other person for resale. "Wholesaler" does not
include a person who sells only display fireworks or special effects.
(c)
Sale of fireworks. A retailer or other person may not sell consumer
fireworks unless such person has obtained, and has in effect, a valid
consumer fireworks certificate as required by the Act. A retailer
or other person may not sell low-impact fireworks unless that person
is actively registered on the low-impact fireworks retail registry
as required by the Act.
(d)
Ignition, discharge, and use of consumer fireworks. Except during
the hours of 1:00 a.m. and 8:00 a.m., a person may ignite, discharge,
or use consumer fireworks on the day preceding, the day of, and the
day after a national holiday, in accordance with state and federal
laws and applicable Township ordinances. Between the hours of 1:00
a.m. and 8:00 a.m. on those days, and on all other days, a person
may not ignite, discharge, or use consumer fireworks in the Township.
(f)
Prohibition on or near certain property. A person shall not ignite,
discharge, or use fireworks upon another person's property or within
15 feet of another person's property without the expressed or written
consent of that person. A person shall not ignite, discharge, or use
fireworks in a public street or public street right-of-way, a public
park, school property, or any other place of public assembly without
the expressed or written consent of such property owner.
(g)
Rubbish resulting from the ignition, discharge, and use of fireworks.
Rubbish resulting from the ignition, discharge, and use of fireworks
shall be contained on the property in which the fireworks are ignited,
discharged, or used and shall be properly disposed of. If rubbish
resulting from the ignition, discharge, and use of fireworks is deposited
onto neighboring property, public street or public street right-of-way,
or other area, it shall be promptly removed and properly disposed
of.
(h)
Possession by or sale to a minor. Consumer fireworks shall not be
sold to a minor. A minor shall not possess, ignite, discharge, or
use consumer fireworks except while in the presence and under the
control of parent, guardian, or other responsible adult.
(i)
Prohibited conduct. A person shall not recklessly endanger the life,
health, safety, or well-being of any person or property by the ignition,
discharge, or use of fireworks. Furthermore, a person shall not ignite,
discharge, or use fireworks under the following circumstances:
(j)
Compliance with local, state, and federal law requirements. Unless
otherwise provided herein, a retailer or wholesaler of fireworks must
comply with all applicable local, state, and federal requirements.
Nothing contained in this section shall be construed to relieve a
person of any duties or obligations imposed under those entities.
(k)
Violation. Any person violating any of the provisions of this section
shall be responsible for a municipal civil infraction.
