For the purpose of this article, the following items have the
meaning ascribed to them as hereinafter defined, unless where otherwise
expressly stated or where the context clearly defines a different
meaning.
A district that has been assigned a zoning designation of
CBD, GCD, WM or I-1 in accordance with Appendix A, Zoning, of this
Code.
Any site preparation, assembly, erection, substantial repair,
alteration, demolition or similar action, for or of private rights-of-way,
structures, buildings, utilities or similar property.
Fifteen or more minutes.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Any composition or device, except for a starting pistol,
a flare gun, or a flare, designed for the purpose of producing a visible
or audible effect by combustion, deflagration, or detonation. Fireworks
consist of consumer fireworks, low-impact fireworks, articles pyrotechnic,
display fireworks, and special effects, as defined under Michigan
Fireworks Safety Act, Act 256 of 2011 as amended.[1]
One or more times in every thirty-minute period for at least
four out of five successive periods.
Every vehicle that is self-propelled, but for purposes of the Michigan Motor Vehicle Code, Chapter 4 of Act 300 of 1949, as amended,[2] motor vehicle does not include industrial equipment such
as a forklift, a front-end loader, or other construction equipment
that is not subject to registration under this act. Motor vehicle
does not include an electric patrol vehicle being operated in compliance
with the electric patrol vehicle act, as amended. Motor vehicle does
not include an electric personal assistive mobility device.
Every motor vehicle having a saddle or seat for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground but excluding a tractor.
A device for abating the sound of escaping gases of an internal
combustion engine, or for abating sound transmitted in a duct, chase,
pipe or other opening.
Any sound which annoys or disturbs a reasonable person or
which causes or tends to cause an adverse psychological or physiological
effect on humans.
Any sound which endangers or injures the safety or health
of persons or animals; or would be unreasonably loud and disturbing
to the average member of the community of normal sensitivities under
the circumstances; that is louder than and would disrupt any part
of a normal conversation between two people or endangers or injures
persons or real property.
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any self-propelled airborne, waterborne, or land borne plane,
vessel, or vehicle, which is not designed to carry persons, including,
but not limited to, any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property, buildings or structures thereon which
are owned or controlled by a governmental entity.
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real
property divisions.
A district that has been assigned a zoning designation of
District R in accordance with Appendix A, Zoning, of this Code.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium, and is the
objective cause of hearing. The description of sound may include any
characteristic of such sound, including duration, level and frequency.
Every description of watercraft, other than a seaplane, used
or capable of being used as a means of transportation on water irrespective
of the method of operation or propulsion.
Any day Monday through Friday which is not a legal United
States holiday.
A.
In general. No person shall make, continue, or cause to be made or
continued, or allow anyone or anything under his or her control to
make or cause any noise disturbance. The following acts, among others
not herein listed, and the causing thereof, are declared to be in
violation of this article, but said enumeration shall not be deemed
to be exclusive, namely:
1.
Operating, playing or permitting the operation or playing of any
radio, television, phonograph, drum, musical instrument, sound amplifier,
or similar device which produces, reproduces, or amplifies sound:
a.
Between the hours of 12:00 midnight and 7:00 a.m. the following day,
or at any other time, inside or outside of a building or structure,
in such a manner as to create a noise disturbance across a real property
boundary at 25 feet in a residential area and 200 feet in a commercial
area except for special events open to the public and for which the
New Buffalo City Council has approved; or
b.
In such a manner as to create a noise disturbance at 25 feet from
such device, when operated in or on a motor vehicle on a public right-of-way
or public space, or in a vessel on public waters; or
c.
In such a manner as to create a noise disturbance to any person other
than the operator of the device, when operated by any passenger on
a common carrier.
2.
Owning, possessing or harboring any animal or bird which frequently
or for continued duration, howls, barks, meows, squawks, or makes
other sounds which create a noise disturbance across a residential
real property boundary at 25 feet.
3.
Operating or permitting the operation of any tools or equipment used
in construction, drilling, or demolition work by the property owner
or tenet:
a.
Between the hours of 10:00 p.m. and 7:00 a.m. the following day such
that the sound there from creates a noise disturbance across a residential
real property boundary at 25 feet, except for emergency work.
4.
Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle,
or vessel in such manner as to cause a noise disturbance across a
residential real property boundary at 25 feet.
5.
Operating or permitting the operation of powered model vehicles so
as to create a noise disturbance across a residential real property
boundary at 25 feet or in a public space between the hours of 11:00
p.m. and 7:00 a.m. the following day.
6.
Operating or permitting the operation of any mechanically powered
saw, drill, sander, grinder, lawn or garden tool, snow blower, or
similar device used outdoors in residential areas, by property owner
or tenant, between the hours of 10:00 p.m. and 7:00 a.m. the following
day so as to cause a noise disturbance across a residential real property
boundary at 25 feet.
7.
Playing or permitting the playing of basketball, hockey or other
recreation outdoors in residential areas between the hours of 10:00
p.m. and 7:00 a.m. the following day so as to cause a noise disturbance
across a residential real property boundary at 25 feet.
8.
The sounding of any horn or signaling device on any automobile, motorcycle,
vessel or other vehicle on any street, public water or public place
of the City, except as a danger warning.
9.
Yelling, shouting, hooting, whistling or singing on any public street,
particularly between the hours of 10:00 p.m. and 7:00 a.m. the following
day, or at any time or place so as to annoy, disturb the quiet, comfort
or repose of persons in any office, or in any dwelling, hotel or other
type of residence, or of any persons in the vicinity.
10.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, vessel or motor vehicle, except
through a muffler or other device which will effectively prevent loud
or explosive noises there from.
11.
The use or operation upon any street, alley or public place of a
sound truck, amplifier or loud speaking device of any kind.
B.
Rebuttal presumption. If any vehicle is witnessed to have violated
the provisions Subsection A(1)(b), (8) or (10) of this section and
the identity of the operator is not otherwise apparent, it shall be
a rebuttable presumption that the person or persons in whose name
such vehicle is registered committed the violation. If the vehicle
which is involved in the violation is registered in the name of a
rental or leasing company and the vehicle is rented or leased to another
person at the time of the violation, the rental or leasing company
may rebut the presumption by providing the peace officer or prosecuting
authority with a copy of the rental or lease agreement in effect at
the time of violation. No prosecuting authority may bring any legal
proceedings against a rental or leasing company under this section
unless prior written notice of the violation has been given to that
rental or leasing company by registered mail at the address appearing
on the registration and the rental or leasing company has failed to
provide the rental or lease agreement copy within 15 days of receipt
of such notice.
C.
At any time the City Manager/Zoning Administrator, Code Enforcement
Officer, Police Chief and/or any duly sworn or appointed officers
under their direction may ask that the noise disturbance be reduced
in volume or to cease. Failure to comply will be deemed a violation
of this article and shall be subject to Sections 12-9 and 12-10
of this article.
The following acts are declared exempted from the operation
of Section 12-7, namely:
A.
The operation of emergency and police vehicles responding to calls
for service, and the operation of emergency equipment thereto;
B.
The conduct of any police, military, City, administration, or emergency
services exercise, simulation or training;
C.
Highway, street, and utility maintenance and construction;
D.
Necessary excavations or repairs of bridges, streets or highways,
or any public utility installation by or on behalf of the City, or
any public utility or any agency of the State, when the public safety,
welfare and convenience necessitates the performance of the work at
such time.
E.
The conduct of any parade, march, carnival, circus, show, fair, festival,
bazaar or special event having obtained the required approval, subject
to any terms set forth, by the New Buffalo City Council, and otherwise
complying with the provisions of this Code.
The City of New Buffalo Police Department shall have the authority to seize as evidence any device which produces, reproduces, or amplifies sound, or which is operated, permitted to operate, played or used by any person to violate Section 12-7.
A person who violates any section of this article shall be guilty
of a Civil Infraction and shall be subject to the following penalties
which shall be assessed in addition to any other lawful sentence that
the sentencing court may impose:
A.
Notwithstanding the civil fines schedule set forth in Section 1-6 of the City Code of Ordinances, violation of this chapter shall be punishable by a civil fine of $150 (if first offense), $500 (if second offense), or $1,500 (if third offense), plus costs and all other remedies available pursuant to the City Code of Ordinances or by statute.
B.
The cost of enforcement and prosecution shall be the actual amount
of attorney fees and costs of enforcement. An itemized bill of fees
and costs given under oath shall be prima facie evidence of the attorney
fees and costs.
C.
In addition, as an alternate remedy, the City shall have the authority
to proceed in any Court of competent jurisdiction to obtain an injunction,
restraining order, or other appropriate remedy to compel compliance
with this ordinance. Election of one of the foregoing remedies shall
not preclude the application of other remedies.
