[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.
