[HISTORY: Adopted by the Board of Trustees of the Village
of Livonia 10-14-1987 by L.L. No.
2-1987. Amendments noted where applicable.]
It is hereby declared to be the policy of the Board of Trustees
to prevent any unreasonable, loud, disturbing and unnecessary noise.
Noise of such character, intensity and duration as to be detrimental
to the life or health of any individual or contrary to the public
welfare is prohibited.
As used in this chapter, the following terms shall have the
meanings indicated:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
A device consisting of a series of chambers or baffle plates
or other mechanical design for the purpose of receiving exhaust gas
from a sound source and effective in reducing sound levels.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charterer, its servants, agents
or employees.
Any radio device or apparatus, any device or apparatus for
the amplification of sounds from any radio, phonograph or other sound-making
or sound-producing device or any device or apparatus for the reproduction
or amplification of the human voice or other sounds.
To use or operate, or cause to be used or operated, any sound
device or apparatus in front of or outside of any building, place
or premises or in or through any window, doorway or opening of such
building, place or premises abutting on or adjacent to any public
street, park or place; in or upon any vehicle operated, standing or
being in or upon any public street, park or place where the sounds
therefrom may be heard upon any public street, park or place; from
any stand, platform or other structure; from any airplane or other
device used for flying over the Village; or anywhere on or in the
public streets, parks or places.
Any excessive or unusually loud sound or sounds which either
annoy, disturb, injure or endanger the comfort, repose, health, peace
or safety of a person or which damage property or businesses. Standards
to be considered in determining whether unnecessary noise exists in
a given situation include but are not limited to the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The time of the day or night when the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Whether the noise is produced by a commercial or noncommercial
activity.
The following activities are hereby prohibited:
A.
The use of any radio apparatus, talking machine, loudspeaker or amplifier
attached thereto in such a manner that the loudspeaker shall cause
the sound from such radio apparatus or talking machine to be projected
directly therefrom outside of any building or out of doors or the
use of any radio apparatus, talking machine, loudspeaker or amplifier
which is in any way fastened to or connected with any outside wall
or window in any building or structure so that the sound therefrom
is projected outside of such outside wall or window. Nothing herein
contained shall be construed to prevent the operation of a radio apparatus
or talking machine used in a reasonable manner by any person within
any building or structure, provided that said radio apparatus or talking
machine or loudspeaker is not so arranged that such loudspeaker shall
project the sound therefrom directly outside of any building or out
of doors.
B.
The use of any automobile, motorcycle or vehicle so out of repair,
so loaded or in such a manner as to create loud and unnecessary grating,
grinding, rattling or other noise.
C.
The use and operation of any mechanically or electrically powered
saw, drill, sander, grinder, lawn or garden tool or similar device
used outdoors in residential areas between the hours of 10:00 p.m.
and 7:00 a.m., so as to create an unnecessary noise across a residential
real property boundary. Snow-removal and street-sweeping activities
shall be exempt.
D.
The erection, including excavation, demolition, alteration or repair,
of any building other than between 7:00 a.m. and 10:00 p.m. on weekdays,
except in the case of urgent necessity in the interest of public safety,
and then only with a permit from the Village Clerk, which permit may
be renewed for a period of three days or less while the emergency
continues.
E.
The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine or motor vehicle engine except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
Nothing in this chapter shall be deemed to prohibit:
A.
The owner or occupant of a dwelling, at a reasonable hour, from mowing
the lawn around such dwelling with a power mower, from removing snow
with a power blower or from making minor repairs necessary for normal
maintenance of such dwelling, provided that the making of such minor
repairs is not accompanied by any loud, unnecessary or unusual noise;
provided, however, that any such activity between the hours of 10:00
p.m. and 7:00 a.m. shall be deemed to be prima facie a violation of
this chapter.
B.
Bells, chimes or church clocks.
C.
Music in keeping with the Christmas season during the Christmas season
from any private or public source.
D.
Playing by a band or orchestra in a hall, in a nonresidential building
or in the public parks for regular concerts or dances or other events
by virtue of special permission of the Village Board.
E.
Parades approved by the Village Board.
F.
The use of sound trucks by civic, charitable, religious, political
or other nonprofit corporations and service organizations when approved
by the Village Board, provided that no commercial or advertising material
is programmed, and provided further that the use of the sound truck
is limited to the hours and routes prescribed, which in no case shall
be before 9:00 a.m. nor after 7:00 p.m.
G.
Police, fire, ambulance, air-raid or other sirens which may be operated
by the Village or civil defense or other governmental authorities.
Enforcement of this chapter may be initiated by a complaint
of one of the Village residents.
[Amended 5-27-1998 by L.L. No. 6-1998]
Any person who shall violate this chapter, including revisions,
amendments and supplements thereto, shall, upon conviction thereof,
pay a fine not exceeding $250 or be imprisoned in the county jail
for a time not exceeding 15 days, or both, for each offense, in the
discretion of the court. For the purposes of this chapter, each and
every day on which the violation takes place or continues shall be
deemed to be a separate violation.
