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Ordinance 15-Anti Noise
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
ORDAINS:

SECTION I:

TITLE
This Ordinance shall be known and cited as the Township Anti-noise Ordinance.

SECTION II:

DEFINITIONS
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.

SECTION III:

ANTI-NOISE REGULATIONS

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 enumerated:

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 other persons.

2. The emission or creation of any excessive noise which unreasonably interferes with the operation of any school, church, hospital or court.

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 residential property.

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.

SECTION IV

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 Private Properties.
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)

Motorcycles, Snowmobiles
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.

SECTION V

PENALTIES
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.

SECTION VI

VALIDITY

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