§ 54-1. Noise generally.

(a)

Findings and declarations. It is hereby found and declared that:

(1)

The occurrence of loud noises in the city constitutes a detriment to public health, comfort, safety, and welfare of the residents of the city.

(2)

As a matter of legislative determination and public policy, the provisions, regulations and prohibitions of this section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare and the peace and quiet of the city and its inhabitants.

(b)

Definitions. As used in this section all acoustical words and terms shall have the meanings set forth in the publication of the United States of American Standards Institute, New York, New York, entitled "Acoustical Terminology," USASI S1. 1-1960; all equipment used in making acoustical measurements shall meet or exceed the requirements set forth in the publication of such institute entitled "Specification for General Purpose Sound Level Meters," USASI S1. 4-1961, and all such measurements so made shall be made in full accordance with the methods and procedures set forth in USASI S1. 2-1962 entitled "Methods for the Physical Measurement of Sound."

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(c)

Prohibited sound levels. No person shall cause to be made, directly or indirectly, by any means whatsoever except vehicles whether mechanical or not, any sound that exceeds the limits set forth for the receiving and use category in table I when measured at or within the property boundary of the receiving land use, which source of sound shall be deemed prima facie to be a noise disturbance.

Table I. Sound Levels by Receiving Land Use

Receiving Land Use Category	Time	A-Weighted Sound Level Limit, dBA
Residentially zoned property	10:00 p.m. to  7.00 a.m.  7:00 a.m. to 10:00 p.m.	60 70
Office zoned property	10:00 p.m. to  7.00 a.m.  7:00 a.m. to 10:00 p.m.	62 72
Business and parking zoned property	10:00 p.m. to  7:00 a.m.  7:00 a.m. to 10:00 p.m.	64 74
Industrially zoned property	10:00 p.m. to  7:00 a.m.  7:00 a.m. to 10:00 p.m.	66 76

 

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(d)

Specific noise prohibitions.

(1)

Unless exempted under the provisions of this section, no person shall cause to be made, directly or indirectly, any loud noise which disturbs, injures or endangers the health, comfort, safety or welfare of others within the city.

(2)

The following specific acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

a.

Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, bus, truck or other vehicle on any street, road or public place, except as a warning pursuant to the provisions of section 706 of the Michigan Vehicle Code (MCL 257.706, MSA 9.2406); whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

b.

Radio and television sets, phonographs, etc. The use of radio or television receiving sets, musical instrument, phonograph or other audio equipment for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with volume louder than is necessary for convenient hearing for the person or persons who are in the structure in which such audio equipment is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph or audio equipment between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building or structure in which it is located shall be prima facie evidence of a violation of this section.

c.

Loudspeakers, amplifiers for advertising. The use of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising.

d.

Animals, birds, etc. The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort and repose of persons residing in the vicinity.

e.

Exhausts. The discharge into the open air of the exhaust of any internal combustion engine except through an adequate muffler or other device which will effectively prevent loud or explosive noises therefrom. This includes by way of example and not by way of limitation, internal combustion engines powering motor vehicles, lawn mowers and chain saws.

State Law reference— Mufflers, MCL 257.707, MSA 9.2407.

f.

Loading and unloading. The creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening or destruction of bales, boxes, crates and containers.

g.

Construction or repairing of buildings. The erection (including excavating), demolition, alteration, or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for a period of three days or less while the emergency continues.

h.

Blowers, fans, pumps. The use of any blower, fan or pump or engine or motor in connection therewith, including by way of example and not by way of limitation, air conditioning systems, compression devices and pool filter systems, if such use creates loud, penetrating or continuous noises that disturb the comfort or repose of persons residing in the vicinity.

i.

Schools, courts, churches, hospitals. The creation of any excessive noise, adjacent to any school, institution of learning, house of worship or judicial court while such schools, courts, churches or hospitals are in use, or adjacent to any hospital 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 the adjacent streets indicating that the street is a school, hospital, church, or court street.

State Law reference— Disturbing public gatherings, MCL 750.169, 752.525, MSA 28.366, 28.133.

j.

Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

k.

Drums, bell and the like. The use of any drum, bell, horn, loudspeaker or other instrument or device for the purpose of attracting attention to any performance show or sale or display of merchandise by any creation of noise or sound.

l.

Mobile loudspeakers. The use of mechanical loudspeakers or amplifiers on vehicle or aircraft for commercial advertising purposes.

m.

Yelling, shouting and the like. Yelling, shouting, hooting, whistling or singing on the public streets at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling, hotel, motel or other type of residence or of any persons in the vicinity.

(3)

If any person who is not exempted under the provisions of this section shall cause to be made any of the noises prohibited under this subsection (d), and if such noises shall be proved to be in violation of the sound levels prescribed under this section, such proof shall be sufficient to prove a violation under this section.

(e)

Exceptions. The prohibitions contained in this section shall not apply to persons who are engaged in:

(1)

The performance of any public or governmental function such as the sounding of a church or school bell, or a police, fire, ambulance, air raid or like disaster warning, alert or alarm, whether such alarm be for an actual emergency purpose or for practice or drilling purposes.

(2)

A religious, charitable, recreational, civil or political activity by means of a sound truck or other amplifying device, for nonprofit purposes, provided that such persons shall have first filed with the city council an application for a permit setting forth the sponsorship, date, hours and routes of such activity and the council shall have issued a permit after having ascertained that such activity is not in conflict in terms of hours, route, traffic volume and like factors, with any other previously scheduled activity.

(3)

Any activity specifically permitted or required by any ordinance, resolution, statute or governmental regulation.

(f)

Audio equipment in motorized vehicles. The use of any radio, audio equipment, or other machine or device for the producing or reproducing of sound in any motorized vehicle between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be audible at a distance of 100 feet from the said motorized vehicle is prohibited and shall be prima facia evidence of a violation of this section. Any person violating this section shall be responsible for a civil infraction and shall be assessed a civil fine not to exceed $500.00.

(Code 1971, § 22-1; Ord. No. 02-330, §§ 1, 2, 11-4-2002)