[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 10-26-1999 by Ord. No. 84 (Ch. 6, Art. VI, of the
2007 Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful for any person within the Township to make,
continue or cause to be made or continued, any loud, unnecessary or
unusual noise which either annoys, disturbs, injures or endangers
the comfort, repose, convenience, health, peace or safety of others,
within the Township.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this chapter:
A.
Vehicle horns, signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle, 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 of any unreasonably loud or
harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; 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. Authorized emergency
vehicles may use warning sounds.
B.
Engine exhausts. The discharge into the open air within the Township
of the exhaust of any steam engine, gasoline engine, stationary internal
combustion engine, or other kind or type of engine, motor boat, or
motor vehicle, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
C.
Defect in vehicle or load. The use within the Township of any wagon,
cart, automobile, truck, motorcycle or other vehicle, so out of repair
or loaded in such manner or with material of such nature as to create
loud and unnecessary grating, grinding, rattling or other noises.
D.
Loading, unloading; opening boxes. The creation within the Township
of loud and excessive noise in connection with loading or unloading
of any vehicle, or the opening or destruction of bales, boxes, crates,
containers, or the like, without exercising reasonable care to limit
such noise and to confine the same.
E.
Construction, repairing of buildings. The creation (including excavating),
demolition, alteration or repair of any building within the Township,
other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays,
except in case of urgent necessity in the interest of public health
and safety, and then only with a permit from the Township Supervisor.
F.
Drums. The use within the Township of any drum or other instrument
or device for the purpose of attracting attention, by the creation
of noise, to any place of business or entertainment or place of public
assembly.
G.
Piledrivers, hammers. The operation within the Township between the
hours of 9:00 p.m. and 7:00 a.m. of any piledriver, power shovel,
pneumatic hammer, derrick or hoist, or other appliance, the use of
which is attended by loud or unusual noises.
H.
Blowers. The operation within the Township of any noise-creating
blower or power fan, the operation of which causes loud disturbing
noise, unless such blower or fan is muffled to deaden such noise.
I.
Vehicle sound systems. A motor vehicle containing a radio, stereo,
disc player, speakers or other similar equipment that is emitting
noise on a public street, highway, road, publicly patrolled parking
lot, driveway, or other public place at or with a level, volume, intensity,
frequency or other attribute so that it is perceptible at a distance
of 50 feet or more either by hearing the noise by the human ear or
by feeling the noise in the form of vibrations associated therewith.
This provision shall be applicable to noise or sound transmitted by
persons with such equipment in or on a vehicle while operated or while
parked. The operator of the vehicle shall be presumed to be in control
of the noise or sound. This provision shall not be applicable to noise
or sound emanating from emergency vehicles, publicly owned vehicles,
and publicly sponsored or publicly permitted concerts, sporting events,
activities, events or gatherings.
J.
Radios, phonographs, etc. The playing, using, operating or permitting
to be played, used or operated any radio, stereo, musical instrument,
phonograph, tape player, disc player, television, speaker, loudspeaker,
sound amplifier or other machine or device for the producing or reproducing
of sound between the hours of 10:00 p.m. and 7:00 a.m. from Sunday
evening through Friday morning, and between 11:00 p.m. and 7:00 a.m.
from Friday evening through Sunday morning and on those evenings preceding
holidays as established by ordinance, loud enough to be clearly heard
50 feet from the boundary of the property on which the sound is produced
or reproduced. This provision shall not be applicable to noise or
sound emanating from publicly sponsored or publicly permitted concerts,
sporting events, activities, events or gatherings.
K.
Schools, courts, churches and hospitals. The creation within the
Township of any excessive noise in the vicinity of any school, institution
of learning, church, court or hospital, while the same is in use,
which unreasonably interferes with the workings of such institution,
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed at or near such buildings indicating
that the same is a school, hospital, court or church.
L.
Hawkers, peddlers. The shouting and crying within the Township of
peddlers, hawkers and vendors which disturbs the peace and quiet of
the neighborhood.
M.
Yelling, shouting. Yelling, shouting, hooting, whistling, or singing
on the public streets of the Township, between the hours of 11:00
p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb
the peace, quiet, comfort or repose of persons in any office, or in
any dwelling, hotel or other type of residence or of persons in the
vicinity, within the limits of this Township.
N.
Animals, birds. The keeping of any animal or bird enclosed or tied
up in any yard, enclosure, stable, or other place within the Township
which, by frequently repeated barking, howling, crying, singing or
other sound causes frequent or long continued noise so as to annoy
or disturb the peace, quiet, comfort or repose of persons in any office,
or in any dwelling, hotel or other type of residence or of persons
in the vicinity, within the limits of the Township.
Any person who shall violate the provisions of this chapter shall be responsible for a municipal civil infraction, and subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this chapter. Each act of violation, and on each day which any such violation shall occur, shall constitute a separate offense.
