ORDINANCE  #1800

An Ordinance, to secure the public health, safety and. general welfare of the resident and property owners of the Charter Township of Homer, Midland. County, Michigan, ordains pursuant to the authority vested in it by Act 246 of the Public Acts of 1955 of the State of Michigan, as amended TITIE: N0ISE 0RDINANCE

Section 1. GENERAL PROVISIONS AND REGULATI0N

     No person, firm or corporation shall cause or maintain any unreasonably loud, noise

or disturbance which is injurious to, or which significantly interferes with, the public health, safety, welfare, peace, comfort, convenience or other public interest of the residents and property owners of the Township. Any such noise or disturbance is hereby declared a public nuisance.

Section 2, SPECIFIC VIOLATIONS

     The following noises and. disturbances, when unreasonable in time, manner or volume and. injurious to, or significantly interfering with, the public health, safety, welfare, peace, comfort, convenience or other public interest, are declared to be a violation of this ordinance:

A.      Unreasonable yelling, shouting, singing or use of any radio, phonograph, television or other electronic or mechanical sound producing device, including any musical instrument.

B.      Unreasonable emission or creation of any excessive noise, which interferes with the operation of any school, church or hospital.

C.      The keeping of any animal, bird or fowl, including but not limited to a barking dog, which emanates unreasonable frequent or extended noise.

D.   The operation of any automobile, motorcycle or other vehicle that causes unreasonable noise, including but   not limited to noise resulting from exhaust. The modification of any noise abatement device or muffler on any motor vehicle or engine or the failure to maintain same so that the noise emitted by such vehicle or engine is increased above that emitted by such vehicle as originally manufactured shall be a violation of this section.

E.   The sounding of any horn or other device on any motor vehicle unless reasonable under the circumstances or necessary to operate said vehicle safely or as required by Michigan law.

         F.  The unreasonable, use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show, sale, display or other commercial purpose.

G.          The operation of any machinery, equipment or mechanical device so as to emit unreasonably loud noise. 

H.         The operation of any race track, proving ground, testing area or obstacle course for motor vehicles, motorcycles, boats, racers, automobiles or vehicles of any kind or nature in any area of the Township where the noise emanating there from would be unreasonably injurious to, or an unreasonable interference with, the public health, safety or welfare. Under no circumstances shall any race track, proving grounds, testing area or obstacle course operate after 11:00 o’clock P.M. on any evening or before 8:00 o’clock A.M. on any clay.

Section 3. ALLOWED EXCEPTIONS

None of the following shall be prohibited by the preceding sections.

      A.   Reasonable excavation, construction, alteration or demolition activities between the hours of 7.00 o’clock am   and 9 00 o’clock pm, or any reasonable time when such activity is urgently necessary in the interest of the public health, safety or welfare.                            

B.   Any police vehicle, ambulance, fire engine or emergency vehicle while engaged

                   in emergency activities.                                                                                                                                                           

C.  Warning devices emitting sound for warning purposes as authorized. by law.

D.      Normal sounds emanating from farm equipment in good working condition being

       operated lawfully and in a reasonable manner.

 

Section 4. NOISE  PERMIT

The zoning administrator, upon request, may issue a permit allowing otherwise pro­hibited noise of a nature, under circumstances and for a time period as described in the permit. In determining whether to grant any such permit, the Zoning Administrator shall consider the duration of the proposed activity, the level of noise likely to be generated by it, the times of day during which such, noise is likely to be generated, and. the nature of the area surrounding the site of the proposed activity. In granting any permit hereunder, the Zoning Administrator shall have the right to impose reasonable terms and conditions designed to minimize any adverse impact of, the proposed activity on the surrounding area. Each permit must be in writing and shall be for a time period not longer than 24 hours.         

Section 5. SEVERDABILITY                                                                                                      

     The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and. if any section, paragraph, sentence, clause or phrase of this Ordinance shall be declared unconstitutional, unlawful or unenforceable  by valid judgment or decree of any court of competent jurisdiction, such

unconstitutionality, unlawfulness or unenforceability shall not affect any of the remaining sections, paragraphs, sentences, clauses  and phrases of this Ordinance.

           Section 6. PENALTY                                                                                                                                                                                       

The penalty for any person, firm or corporation, violating this Ordinance shall be a fine of not more than one hundred dollars ($100.00), or imprisonment in the county jail for not more than ninety (90) days, or both fine and imprisonment, in the discretion of the court. Each day that a violation shall continue shall constitute a separate offense. Provisions of the ordinance may also be enforced by suit for injunction, damages or other appropriate legal action.                            

                     Section 7. INCONSISTENT ORDINANCES

All ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed to the extent of such’ inconsistency.                            

            Section 8. EFFECTIVE DATE

                     This Ordinance shall become effective immediately upon publication in a newspaper published or, circulated     in the Charter Township of Homer.