[HISTORY: Adopted by the Township Board of the Township of
New Buffalo 7-20-1969 by Ord. No.
690720; amended in its entirety 5-17-2021 by Ord. No. 05172021C. Subsequent amendments noted where applicable.]
This chapter shall be known and cited as the "New Buffalo Township
Antinoise and Public Nuisance Ordinance."
A.
No person, firm, or corporation shall cause or create any unreasonable
or improper noise or disturbance, which unreasonably interferes with
another person's use and enjoyment of real property or disturbs
the health, peace and quiet of the residents and property owners of
the Township of New Buffalo.
B.
The following noises and disturbances are hereby declared to be an
unreasonable or improper interference with the health, peace and quiet
of the residents and property owners of the Township of New Buffalo;
provided, however, that these specifications are not to be construed
to exclude other violations of this chapter not specifically enumerated:
(1)
The sounding of any horn or signal device on any automobile, motorcycle,
bus or other vehicle for any purpose other to avoid an accident or
collision.
(2)
The
playing of any radio, musical instrument, speaker, amplifier or other
machine or device for the production of sound in such a manner or
with such volume that unreasonably interferes with another person's
use and enjoyment of real property or disturbs the health, peace and
quiet of other persons.
(3)
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.
(4)
The keeping of any animal, bird or fowl which emanates frequent or
extended noise which shall disturb the quiet, comfort or repose of
any persons in the vicinity.
(5)
The operation of any automobile, motorcycle or other vehicle so out
of repair, so loaded, or so constructed as to cause loud and unnecessary
grating, grinding, rattling, exhausting, or other noise disturbing
to the quiet, comfort and repose of any persons in the vicinity. The
modification of any noise-abatement device on any vehicle or engine,
or the failure to maintain such noise-abatement device so that the
noise emitted by such vehicle or engine is increased above that emitted
by such vehicle as originally manufactured shall be in violation of
this section.
(6)
The discharge 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 there
from. The modification of any noise-abatement device on any vehicle
or engine, or the failure to maintain such noise-abatement device
so that the noise emitted by such vehicle or engine is increased above
that emitted by such vehicle as originally manufactured shall be in
violation of this section.
(7)
The erection, excavation, demolition, alternation, or repair of any
building or premise 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.
(8)
The emission or creation of any excessive noise on any street that
unreasonably interferes with the operation of any school, church,
hospital or court.
(9)
The creation of any loud or excessive noise, unreasonably disturbing
to other persons in the vicinity in connection with 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.
(10)
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.
(11)
The operation of any racetrack, proving ground, testing area,
or obstacle course for the use of motorcycles, motor vehicles, boat
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. Under no circumstances
shall any racetrack, proving ground, testing area or obstacle course
operate after 11:00 p.m. on any evening.
C.
Exceptions:
(1)
Any police vehicle, ambulance, fire engine or emergency vehicle while
engaged in necessary emergency activities.
(2)
Excavation or repair of bridges, streets or highways by or on behalf
of the Township of New Buffalo, 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)
Warning devices emitting sound for warning purposes as authorized
by law.
(4)
Any agricultural animal, machinery, equipment, or mechanical device
being used on lands utilized for legitimate agricultural purposes.
(5)
In an effort to provide services and protect the general health,
safety and welfare of the public, essential services, such as trash/garbage
collection and snow removal, shall not be in violation regardless
of time of day. This will allow the collection at a time of day so
as not to hinder traffic from residents going to or from their place
of employment and the transport of children on school busses without
impeding safe traffic flow.
No person, firm, or corporation shall create, cause or maintain
any public nuisance within the Township of New Buffalo 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 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.
A.
Violation of the provisions of this chapter or failure to comply
with any of its requirements shall constitute a public nuisance. Any
person or other entity who violates any of the provisions of this
chapter is responsible for a municipal civil infraction as defined
by Michigan law and is subject to payment of a civil fine in an amount
as established from time to time by resolution of the Township Board.
Check with the Municipal Ordinance Violations Bureau for the Schedule
of Civil Fines and Costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Each day a violation of this chapter continues to exist constitutes
a separate violation.
C.
Nothing herein contained shall prevent the Township from taking such
other lawful action as is necessary to prevent or remedy any violation
of this chapter including, but not limited to, injunctive relief.
This chapter shall take effect on the 30 days following publication
thereof as provided by law. All ordinances or parts of in conflict
with any provision of this chapter are hereby repealed to the extent
necessary to give this chapter full force and effect.
