A.
It shall be unlawful for any person to make or cause to be made
or continued any excessive or unusually loud noise or any noise, measured
or unmeasured, which either disturbs, injures or endangers the comfort,
repose, health, peace or safety of any person within the limits of
the City.
B.
The acts enumerated in the following sections of this chapter are
declared to be loud, disturbing noises in violation of this chapter,
but such enumeration shall not be deemed to be exclusive.
A.
Generally. Any noise in excess of the maximum decibel limits according
to the regulations set out in this section shall be deemed to be prima
facie evidence of a violation of § 21- 6.
B.
Noise from private property.
(1)
The maximum decibel limits on noise originating from private property
shall be as set forth in the following table. Noise will be measured
at the boundaries of the lot. To be in violation, the source or sources
of noise must be identifiable in relation to the ambience, and must
exceed the limitations established for the zoning districts and times
listed below:
|
Zones
|
dB(A) Maximum Limitations
| |
|---|---|---|
|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| |
|
Residential/Special Purpose
|
50 dB(A)
|
45 dB(A)
|
|
Commercial
|
55 dB(A)
|
50 dB(A)
|
|
Manufacturing
|
75 dB(A)
|
70 dB(A)
|
(2)
The following provisions shall apply to the interpretation and enforcement
of this subsection:
(a)
At boundaries between zones, the lower of the dB(A) levels shall
be applicable.
(b)
Harmonic or pure tones and periodic or repetitive impulsive
sounds shall be in violation when such sounds are at a sound pressure
level of five dB(A) less than those listed above.
(c)
Construction projects shall be subject to the maximum permissible
noise levels specified for industrial districts for the period within
which construction is to be completed pursuant to any applicable construction
permit issued by proper authority, or if no time limitation is imposed,
then for a reasonable period of time for completion of the project.
(d)
Noises caused by home or building repair and ground maintenance
are excluded from these limits between the hours of 7:00 a.m. and
10:00 p.m., provided they do not exceed 74 dB(A) at the property line
or at a distance of 50 feet (15 meters), whichever is furthest from
the source of the noise.
(e)
All railroad rights-of-way shall be considered as industrial
districts for the purpose of this subsection and the operation of
trains shall be subject to the maximum permissible noise levels for
such district. The allowable noise levels at the boundaries of the
right-of-way shall be those appropriate within industrial districts,
without regard for the zone of the abutting property.
C.
Noise from motor vehicles.
(1)
Prohibitions.
(a)
A motor vehicle, while being operated on a highway or street,
shall be equipped with an exhaust system in good working order to
prevent excessive or unusual noise and shall be equipped to prevent
noise in excess of the limits established in this subsection.
(b)
A motor vehicle shall not be operated or driven on a highway
or street if the motor vehicle produces total vehicle noise exceeding
one of the following limits:
|
Maximum Lawful Speed of Street or Highway
|
Stationary Run-Up Test
| ||
|---|---|---|---|
|
Greater than 35 miles per hour
|
Not more than 35 miles per hour
| ||
|
Motor vehicle with gross weight or gross weight rating of 8,500
pounds or more
|
90 dB(A) at 50 feet
|
86 dB(A) at 50 feet
|
88 dB(A) at 50 feet
|
|
Combination vehicle with gross weight or gross vehicle weight
ratings of 8,500 pounds or more
|
90 dB(A) at 50 feet
|
86 dB(A) at 50 feet
|
88 dB(A) at 50 feet
|
|
Motorcycle or moped
|
86 dB(A) at 50 feet
|
82 dB(A) at 50 feet
|
95 dB(A) at 75 inches
|
|
Motor vehicle or combination of vehicles towed by a motor vehicle
not covered above
|
82 dB(A) at 50 feet
|
76 dB(A) at 50 feet
|
95 dB(A) at 20 inches from end of tailpipe
|
(c)
A person shall not operate a vehicle on a highway or street
if the vehicle has a defect in the exhaust system which affects sound
reduction, is not equipped with a muffler or other noise-dissipative
device, or is equipped with a cutout, bypass, amplifier or a similar
device.
(d)
A person shall not modify, repair, replace or remove a part
of an exhaust system, if the act causes the motor vehicle to which
the system is attached to produce noise in excess of the levels established
by this subsection, or operate a motor vehicle so altered on a street
or highway.
(e)
A person, either acting for himself or herself or as the agent
of employee of another, shall not sell, install or replace a muffler
or exhaust part, if that act causes the motor vehicle to which the
muffler or exhaust part is attached to exceed the noise limits established
by this subsection.
(f)
Test procedures. Test procedures under this section shall comply
with those established pursuant to MCLA § 257.707e.
No person shall use, operate or permit to be played any radio receiving set, musical instrument, television set, phonograph or other machine or device for the production or reproduction of sound in such manner as to disturb the quiet, comfort or repose of any person. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be in violation of § 21-6 shall be prima facie evidence of a violation of this section.
The installing, using or operating, within the City, of a loudspeaker or sound-amplifying equipment, for commercial purposes, in such a manner as to disturb the quiet, comfort or repose of any person is prohibited. The operation of any such equipment or device in such a manner as to be in violation of § 21-6 shall be prima facie evidence of a violation of this section.
No sound truck or other vehicle equipped with amplifier or loudspeaker
shall be driven upon any street for the purpose of selling, offering
for sale or advertising in any fashion before 9:00 a.m. and after
9:00 p.m.
The selling of anything by outcry within any area of the City
zoned primarily for residential uses is prohibited before 9:00 a.m.
and after 8:00 p.m.
No person shall use any drum, bell, buzzer or other instrument
or device for the purpose of attracting attention, by the creation
of noise, to any performance, show, auction or other sale, or for
any other commercial purpose before 9:00 a.m. and after 8:00 p.m.
The loading, unloading, opening or otherwise handling of boxes,
crates, containers, garbage containers or other objects, in such a
manner as to disturb the quiet, comfort or repose of any person, before
6:00 a.m. and after 8:00 p.m. is prohibited.
The repairing, rebuilding or testing of any truck, automobile,
motorcycle or other motor vehicle within a residential zone of the
City, in such a manner as to disturb the quiet, comfort or repose
of any person, is prohibited.
The sounding of any horn or signaling device on any truck, automobile,
motorcycle or other motor vehicle on any street or public place of
the City, except as a warning signal as provided in the Michigan Vehicle
Code, is prohibited.
The discharge, into the open air, of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom, is prohibited. Modifying
any noise-abatement device on any motor vehicle or engine in a manner
so that the noise emitted by such vehicle or engine is increased above
that emitted by such vehicle or engine as originally manufactured
shall be a violation of this section.
The performing of any construction or repair work on buildings, structures or projects, or the operating of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other construction-type device, in such a manner as to disturb the quiet, comfort or repose of any person, is prohibited, except in cases of unnecessary hardship. In such cases, a permit shall be obtained from the City Manager in accordance with § 21-23 of this chapter.
No person shall create any excessive noise within the vicinity
of any school, institution of learning, church or court while the
same is in use, or within the vicinity of any hospital or nursing
home, which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
conspicuous signs are displayed on streets within the vicinity indicating
the presence of a school, hospital, court, church or nursing home.
The provisions of this article shall not apply to:
A.
Law enforcement or governmental agencies when engaged in activities
authorized by law.
B.
Emergency work performed for the safety, welfare and public health
of the citizens of the City.
C.
Warning devices, emitting sound for warning purposes, such as vehicle
backup alarms, as authorized by law.
D.
Parades, fairs, circuses and other similar public entertainment events,
sanctioned sporting events, sporting activities taking place in areas
set aside for such activities, or any activities normally associated
with any of the above.
E.
Flights of aircraft which are in all respects conducted in accordance
with, or pursuant to, federal law, federal air regulations and air
traffic control instructions.
A.
The City Manager shall authorize the issuance of a permit to any
person which will allow noise in excess of the noise levels designated
in this chapter when he shall find the following facts to exist:
(1)
That all of the statements made in the permit application are true;
(2)
That the control and supervision of the production of such noise
will be under responsible and reliable persons;
(3)
That unnecessary hardships would result if a permit is not issued;
and
(4)
That the public health and safety will not be impaired by the noise
permitted.
B.
Permits may be granted under this article for a period not to exceed
60 days while the hardship continues. Such a permit may be renewed
for periods of 60 days while the hardship continues.
C.
A permit issued under this article shall restrict the noise-creating
activity to within the hours of 7:00 a.m. and 10:00 p.m., except in
the case of urgent necessity in the interest of public health and
safety, in which case a permit may be issued granting permission for
such activity between the hours of 10:00 p.m. and 7:00 a.m.
D.
Upon complaint filed with the City Manager by any person, or upon
his own motion, the Manager may suspend the permit of any person granted
under this article, for good cause shown. "Good cause" shall include:
(1)
Any material misrepresentation in the application for a permit or
any fraud in its procurement, or failure to carry out any commitment
or representation contained in the application or in the rules of
this chapter; or
(2)
Any cause which would have prevented the granting of the permit in
the first place.
E.
After the City Manager has suspended a permit, the holder of the
permit shall have the right to appeal to the City Commission within
10 days after receiving notice of such suspension. Such appeal shall
be made by filing written notice with the City Clerk.
