| An Ordinance to secure the public health, safety
and general welfare of the residents and property owners of Springport
Township, Jackson County, Michigan, by the regulation of noise within
said Township; to prescribe the penalties for the violation thereof
and to repeal all ordinances or parts of ordinances inconsistent
with or less restrictive than said Ordinance.
THE TOWNSHIP OF SPRINGPORT
JACKSON COUNTY, MICHIGAN
This Ordinance shall be known and cited as the Township Anti-noise
The following terms used in this Ordinance are defined as follows:
“Decibel” is a unit to express the magnitude of
sound pressure and sound intensity. The difference in decibels
between two sound pressures is 20 times the common logarithm of
their ratio. In the sound pressure measurements, the sound pressure
level of a given sound is defined to be 20 times the common logarithm
of the ratio of that sound pressure to a reference pressure of
2 x 10^5 N/M (Newtons per meter squared).
“dB(A)” means the sound pressure level in decibels
measured on the “A” scale of a standard sound level
meter having characteristics defined by the American National
Standards Institute, Publication ANSI S1.4-1971.
A. General Regulation. No person, firm or corporation shall
cause or create any unreasonable or unnecessarily loud noise or
disturbance, injurious to the health, peace or quite of the residents
and property owners of the Township.
B. Specific Violations. The following noises and disturbances
are hereby declared to be a violation of this Ordinance; provided,
however, that the specification of the same is not thereby construed
to exclude other violations of this Ordinance not specifically
1. The playing of any radio, phonograph, television, or other
electronic or mechanical sound producing device including any
musical instrument, in such a manner or with such volume as to
unreasonably upset or disturb the quite, comfort or repose of
2. The emission or creation of any excessive noise which unreasonably
interferes with the operation of any school, church, hospital
3. The operation of any automobile, motorcycle or other vehicle
so out of repair or so loaded or constructed as to cause loud
and unnecessary grating, grinding, scraping, rattling or other
unreasonable noise including the noise resulting from exhaust,
which is clearly audible from properties and unreasonably disturbing
to the quite, comfort or repose of other person. The modification
or any noise abatement device 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.
4. The sounding of any horn or other device on any motor vehicle
unless necessary to operate said vehicle safely or as required
by the Michigan Motor Vehicle Code.
5. The discharging 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 explusive noises.
The modification of any noise abatement device on any motor vehicle
or engine, or the failure to maintain same so that the noise emitted
by such engine is increased above that emitted by such vehicle
as originally manufactured shall be in violation of this section.
6. The erection, excavation, demolition, alteration or repair
of any building or premises in any part of the Township, including
the streets and highway, in such a manner as to emanate noise
or disturbance unreasonably annoying to other person, other than
between the hours of 7:00a.m. and sundown on any day, except in
cases of urgent necessity in the interest of public health and
safety. In such case, a permit shall be obtained from the building
inspector or Ordinance enforcement officer of the Township, which
permit shall limit the periods that the activity may continue.
7. The creation of a loud or excessive noise unreasonably disturbing
to other persons in the vicinity in connection with the operation,
loading or unloading of any vehicle, trailer, railroad car of
other carrier or in connection with the repairing of any such
vehicle in or near residential areas.
8. The 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 which, by the
creation of such noise, shall be unreasonably disturbing to other
persons in the vicinity.
9. The operation of any loudspeaker or other sound amplifying
device upon any vehicle on the streets of the Township with the
purpose of advertising, where such vehicle, speaker or sound amplifying
device emits loud and raucus noises easily heard from adjoining
10. The operation of machinery, equipment or mechanical device
so as to emit unreasonably loud noise which is disturbing to the
quite, comfort or repose of any person.
11. The operation of any race track, proving ground, testing
area or obstacle course for motor vehicles, motorcycles, boats,
racers or vehicles of any kind, even where specifically permitted
under the zoning ordinance, where the noise emanaing therefrom
would be unreasonably disturbing and upsetting to other persons
in the vicinity. Under no circumstances shall any race track,
proving ground, testing area or obstacle course operate after
11:00 p.m. on any evening.
C. Exceptions. None of the prohibitions described above shall
apply to the following:
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 or other
property by or on behalf of the State of Michigan, the County
of Jackson, the Township of Springport, when the public health,
safety, welfare or convenience render it impossible to otherwise
perform such work.
3. Warning devices emitting sound for warning purposes as authorized
by law or related rule.
4. Noise associated with agricultural production or animal husbandry,
including but not limited to the operation of machinery associated
with: irrigation; the application of seed, fertilizer, pesticides
and herbicides; the plowing, tilling, drainage of fields, and
those other practices which are customary with farming operations.
5. Noises eminating from the discharge of firearms, providing
the discharge of the firearm was authorized under Michigan law
and all local ordinances.
ANTI-NOISE REGULATIONS BASED UPON dB(A) CRITERIA
In order to regulate and prove violations occurring under above
Section III or under this Section of the Ordinance, any noise
in excess of the maximum decibel limits according to the regulations
stated below is deemed to be in violation of this Ordinance. However,
violations under Section III above but which have no decibel determination
available shall nevertheless be deemed a violation of this Ordinance.
A. Regulation for Decibel Measurement of Noise Originating from
Noise radiating from all properties or buildings, as measured
at the boundaries of the property, which is in excess of the dB(A)
established for the districts and times listed below, shall constitute
prima facie evidence that such noise unreasonably disturbs the
comfort, quite and repose of persons in the area and is therefore
in violation of this Ordinance. Violations shall exist when the
source or sources of noise are identified and the levels emanating
from the source or sources exceed the following limitations.
ZONING DISTRICTS LIMITATIONS LIMITATIONS
7 AM to 10 PM 10 PM to 7 AM
Residential (and any area within
1000 feet of a hospital regardless
of zoning district) 55 dB(A) 50 dB(A)
Commercial 65 dB(A) 55 dB(A)
Industrial 80 dB(A) 75 dB(A)
Agricultural (wherein activity
being undertaken thereon is
non-agricultural in nature) 65 dB(A) 55 dB(A)
Harmonic or pure tones, and periodic or repetitive impulse sound
shall be in violation when such sounds are at a sound pressure
level of 5 dB(A) less than those listed above.
Where property is partly in two zoning districts or adjoins
the boundary of a zoning district, the dB(A) levels of the zoning
district of the property where the noise is emanating shall control.
The following exceptions shall apply to these regulations under
this Section IV subsection A:
1. Construction projects shall be subject to the maximum permissible
noise levels specified for industrial districts as long as a valid
building permit has been issued by the Township or when such project
is a municipal public works project.
2. All railroad operations shall be subject to the maximum permissible
noise levels allowed in industrial districts, regardless of the
zone where they are located.
3. All exceptions set forth in Section III subsection C.
B. Regulation for Decibel Measurement of Motor Driven Vehicles
on Public Roads.
All noise emitted from motor driven vehicles upon public roads
shall be measured whenever possible at a distance of a least 50
feet or 15 meters from a noise source located within the public
right-of-way. If measurement at 50 feet (15 meters) is not feasible,
measurement may be made at 25 feet (7 & 1/2 meters) and if
this is done, 6 dB(A) shall be added to the limits provided below.
All such noises in excess of dB(A) as provided herein shall be
prima facie evidence that such noise unreasonably disturbs the
comfort, quite or repose of persons in the area and is therefore
in violation of this Ordinance.
VEHICLE WEIGHT dB(A) MAXIMUM LIMITATION
Trucks and Buses Over 10,000 lbs Gross Weight 82 dB(A)
Trucks and Buses Under 10,000 lbs Gross Weight 74 dB(A)
and Minibikes Any Weight 82 dB(A)
Passenger Cars Any Weight 74 dB(A)
All Other Self propelled
motor vehicles Any Weight 74 dB(A)
C. Measurement of Noise.
All measurements of dB(A) according to subparagraphs A and B of
this Section shall be maide by using a sound level meter of standard
design and operated on the “A” weight scale, with
“slow” meter response.
Any person, firm or corporation found violating the provisions
of this Ordinance, shall, upon conviction, be punished by a fine
of not to exceed $500 or by sentence to jail for a period not
to exceed 90 days, or both, plus the costs of prosecution, at
the discretion of the Court. Each day that a violation continues
is to constitute a separate offense. Provisions of this Ordinance
may also be enforced by suit for injunction, damages or other
appropriate legal action.
The several provisions of this Ordinance are declared to be
separate; if any Court shall hold that any section or provision
thereof invalid, such holding shall not affect the validity of
any other section or provision of this Ordinance. All Ordinances
or parts of Ordinances in conflict here within are hereby repealed.
Adopted: June 10, 1991
Effective: July 10, 1991