Village of Stevensville, MI
Berrien County
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Table of Contents
Table of Contents
[Comp. Ords. Rev. 1986, § 3.31; Code 1994, § 26-36; Ord. of 12-19-2003, §§ 2, 4, 5]
(a) 
No person shall cause or create any unreasonably loud, disturbing or unnecessary noise injurious to health, peace or quiet of the residents and property owners of the Village of Stevensville. In addition, the making, creating or permitting of any noise of such character, intensity or duration as to be detrimental to the life, health or welfare of any individual or that either steadily or intermittently annoys, disturbs, injures or and angers the comfort, repose, peace or safety of any individual is prohibited.
(b) 
The following noises and disturbances are hereby declared to be a violation of this article; provided, however, that the specification of the same is not thereby to be construed to exclude other violations of this article not specifically enumerated:
(1) 
The sounding of any horn or signal device on any automobile, motorcycle, bus, or other vehicle for any purpose other than to avoid an accident or collision.
(2) 
The playing of any radio, phonograph or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet comfort or repose of other persons.
(3) 
Yelling, shouting or singing on the public streets 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 quiet, comfort or repose of any persons in the vicinity.
(4) 
The keeping of any animal, bird or fowl which emanates frequent or extended noise which shall disturb the quiet, comfort and repose of any person in the vicinity.
(5) 
The operation of any automobile, motorcycle, or other vehicle so out of repair, so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling, exhausting, or other noise disturbing to the quiet, comfort or repose of other persons.
(6) 
The operation of any steam whistle attached to a boiler of any type except for the purpose of giving notice of the time to begin or stop work or as a warning of fire or other danger, or for other purposes upon special permit therefore from the Village Council.
(7) 
The discharging outside of any enclosed building of the exhaust of any steam engine, internal combustion engine, motor vehicle, or motor boat engine except through a muffler or other similar device which will effectively prevent loud or explosive noises resulting therefrom.
(8) 
The erection, excavation, demolition, alteration, or repair of any building or premises in any platted residential district or section of the Village, including the streets and highways therein in such a manner as to emanate noise or disturbance unreasonable annoying to other persons, other than between the hours of 6:00 a.m. and sundown on weekdays except in cases of urgent necessity, in the interest of public health and safety, upon receipt of a permit therefore from the building inspector of the Village, which permit shall limit the period that the activity may continue.
(9) 
The emission or creation of any excessive noise on any street which unreasonably interferes with the operation of any school, church, or government building.
(10) 
The creation of any loud or excessive noise, unreasonable disturbing to other persons in the vicinity in connection with the loading or unloading of any vehicle, trailer, box car, or other carrier, or in connection with the opening or destruction of bales, boxes, crates or other containers.
(11) 
The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention to any performance, show, sale or display of merchandise which, by the creation of such noise, shall be unreasonable disturbing to other persons in the vicinity.
(12) 
The operation of any race track, proving ground, testing area, or obstacle course for motorcycles, motor vehicles, boats, racers, automobiles or vehicles of any kind or nature in any area of the Village not specifically zoned for such an operation and/or where the noise emanating therefrom would be unreasonable disturbing and annoying to other persons in the vicinity.
(13) 
The use of mechanical loudspeakers or amplifiers on trucks or other vehicles for advertising or other commercial purposes except where a specific license or permit is received from the Village of Stevensville.
(c) 
None of the prohibitions hereinbefore enumerated shall apply to any of the following:
(1) 
Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in emergency or necessary public activities.
(2) 
Excavation or repair of bridges, streets, highways, or other by or on behalf of the Village of Stevensville, State of Michigan, or County of Berrien, between the hours of 6:00 p.m. and 7:00 a.m. when the public welfare, safety and convenience render it impossible to perform such work during other hours.
(3) 
Any sound made to alert persons to the existence of an emergency, danger, or attempted crime, or for warning purposes authorized by law.
(4) 
Power lawn mowers, snow blowers, leaf blowers or other similar yard maintenance equipment, when operated between the hours of 8:00 a.m. and 10:00 p.m.
(d) 
Any person, firm or corporation found violating any of the provisions of this article shall, upon conviction, be punished by a fine of not to exceed $100 or by imprisonment not to exceed 90 days, or by both such fine or imprisonment, at the discretion of the court. Each day that a violation shall continue shall constitute a separate offense. The provisions of this article may also be enforced by suit for injunction, damages, or other appropriate legal action.
[Comp. Ords. Rev. 1986, §§ 3.20, 3.22; Code 1994, § 26-37]
(a) 
If any cellar, vault, lot, sewer, drain, place or premises within the Village shall be deemed unwholesome or filthy or be covered during any portion of the year with stagnant or impure water or be in such a condition as to produce offensive exhalations, the council may cause the same to be drained, filled up, cleansed or purified; or may require the owner or occupant or person in charge of such lot, premises or place to perform such duty; and may require the owner or occupant of any building, fence or structure which may be ruinous or liable to fall or injure person or property to pull down or remove the same; or the council may cause the same to be done by any officer of the Village.
(b) 
No person shall receive, store, load, unload, keep or maintain any manure, offal, ordure, night soil or other matter offensive to public health within the Village.
[Comp. Ords. Rev. 1986, § 3.35; Code 1994, § 26-38]
Public nuisances shall include all matters set forth in this article. In addition, any act, thing, condition, land or building which annoys, injures or endangers the public health, safety or comfort of the public is hereby declared to be a public nuisance.
[Comp. Ords. Rev. 1986, §§ 45.010, 45.020; Code 1994, § 26-56]
(a) 
It is hereby determined to be desirable and necessary for the public health, safety and welfare of the Village, that it shall be unlawful for any owner, possessor, or occupier of any lot or premises, occupied or vacant, within the Village limits, or any person having charge of such lot or premises to cause or permit to continue unabated any condition which in the judgment of the Lincoln Township fire chief, county health officer, Village President or a duly sworn officer of the Lincoln Township police department may constitute a public nuisance.
(b) 
The following represents a partial list of such conditions referred to in subsection (a) of this section which may, in the judgment of the Lincoln Township fire chief, county health officer, Village President or a duly sworn officer of the Lincoln Township police department, constitute a public nuisance:
(1) 
Accumulation of junk, trash or rubbish causing a danger to life or health within the Village.
(2) 
Buildings, structures or things in such conditions as to cause fire hazard or otherwise be dangerous to the public health or safety.
(3) 
Junk motor vehicles, junk equipment and junk machinery causing a danger to life or health within the Village including inoperable motor vehicles, inoperable machinery and inoperable equipment which by reason of dismantling, disrepair, or any other cause, is incapable of being propelled under its own power or is incapable of functioning as it was intended to function, and including any motor vehicle which is not currently licensed for use upon the highways of the state, except those junk automobiles, junk equipment, and junk machinery secured in a completely enclosed building, and any motor vehicles whether currently licensed or not which are left in a public place for a period in excess of 30 days, and which are not moved by the owner or his agent within such thirty-day period.
[Comp. Ords. Rev. 1986, § 45.030; Code 1994, § 26-57]
(a) 
When the Lincoln Township fire chief, county health officer, Village President or a duly sworn officer of the Lincoln Township police department declares that a public nuisance exists the owner, possessor or occupier of any lot or premises, occupied or vacant, within the Village limits or any person having charge of such lot or premises shall be given written notice by the police chief and such notice shall contain:
(1) 
A statement that a public nuisance as defined in this article exists.
(2) 
A description of the public nuisance.
(3) 
A statement that 10 days after the receipt of such notice the public nuisance must be removed and/or abated.
(4) 
A statement that a failure to comply with such notice will be a violation of this article punishable by a fine not to exceed $500, or by the commitment in the county jail for a period not to exceed 90 days, or by both fine and commitment, together with the costs of the prosecution for each violation of the article.