Township of Three Oaks, MI
Berrien County
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[HISTORY: Adopted by the Township Board of the Township of Three Oaks 7-6-1987 by Ord. No. 15. Amendments noted where applicable.]
This chapter shall be known and cited as the "Three Oaks Township Anti-Noise and Public Nuisance Ordinance."
No person, firm, or corporation shall cause or create any unreasonable or improper noise or disturbance, injurious to the health, peace or quiet of the residents and property owners of the Township of Three Oaks.
The following noises and disturbances are hereby declared to be a violation of this chapter; provided, however, that the specification of the same is not thereby to be construed to exclude other violations of this chapter not specifically enumerated:
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.
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.
Yelling, shouting, hooting 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.
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.
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.
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 therefor from the Township Board.
The discharging outside of any enclosed building of the exhaust of any steam engine, internal combustion engine, motor vehicle, or motorboat engine except through a muffler or other similar device which will effectively prevent loud or explosive noises resulting therefrom.
The erection, excavation, demolition, alteration, or repair of any building or premises in any platted residential district or section of the Township, including the streets and highways therein, in such a manner as to emanate noise or disturbance unreasonably 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 therefor from the Building Inspector of the Township, which permit shall limit the period that the activity may continue.
The emission or creation of any excessive noise on any street which unreasonably interferes with the operation of any school, church, hospital or court.
The creation of any loud or excessive noise, unreasonably disturbing to other persons in the vicinity, in connection with the loading or unloading of any vehicle, trailer, boxcar, or other carrier, or in connection with the opening or destruction of bales, boxes, crates, or other containers.
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 unreasonably disturbing to other persons in the vicinity.
The operation of any racetrack, 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 Township not specifically zoned for such an operation and/or where the noise emanating therefrom would be unreasonably disturbing and annoying to other persons in the vicinity.
None of the prohibitions hereinbefore enumerated shall apply to any of the following:
Any police vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities.
Excavation or repair of bridges, streets or highways by or on behalf of the Township of Three Oaks, 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.
No person, firm or corporation shall create, cause or maintain any public nuisance within the Township of Three Oaks by the unreasonable creation of dust, smoke, fly ash or noxious odors, offensive or disturbing to adjacent property owners and residents in the area.
The determination of whether any activity enumerated in § 234-3A is a public nuisance and a violation of this chapter shall be in the absolute discretion of the Zoning Administrator of the Township, subject only to review by the Three Oaks Township Board, upon proper application therefor made by the alleged violator within 10 days after such determination by the Zoning Administrator. In the absence of any arbitrary, capricious or discriminatory decision by the Township Board, such decisions shall be conclusive and final.
[Added 6-8-2015 by Ord. No. 15A]
The several provisions of this chapter are declared to be separate, and the holding of any court that any section or provision thereof is invalid shall not affect or impair the validity of any other section or portion.
[Amended 9-11-1995 by Ord. No. 25; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons, partnership or corporation who shall violate any of the provisions of this chapter is responsible for a municipal civil infraction and shall be punishable by the civil fines set forth in Chapter 29, Municipal Civil Infractions, of the Code of the Township of Three Oaks. Repeat offenses shall be subject to an increased civil fine, as set forth in said Chapter 29, Municipal Civil Infractions.
Each day on which any violation of this chapter continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.