[HISTORY: Adopted by the Township Board of the Township of
Putnam 6-18-2008 by Ord. No. 42(A)[1]. Amendments noted where applicable.]
[1]
Editor's Note: Ord. No. 55, adopted 3-16-2011, redesignated
"Ord. No. 42" to "Ord. No. 42(A)" to correct a clerical error and
avoid the duplication of ordinance numbers.
This chapter shall be known and cited as the "Putnam Township
Noise Ordinance."
A.
The purpose of this chapter is to prohibit and make unlawful the
committing, creating, or maintaining of unreasonable or unnecessarily
loud noise or disturbances that are injurious to the health, peace,
and quiet of residents and property owners of the Township, and otherwise
provide for the health, safety, and welfare of residents and property
owners of the Township by the prohibitions described in this chapter.
B.
The Township is empowered by the Township Ordinance Act, MCLA § 41.181
et seq., to adopt ordinances relating to the health, safety and welfare
of Township residents, and to provide penalties for the violation
of this chapter.
C.
The Township Board of Putnam Township finds that:
(1)
Excessive noise constitutes a serious hazard to the public health,
safety, welfare, and the quality of life of its citizens and property
owners;
(2)
A substantial body of science and technology exists in which excessive
noise may be accurately measured and substantially abated; and
(3)
People and property owners in the Township have a right to an environment
free from unreasonable, unnecessary, and excessive noise that may
jeopardize the health, safety, welfare of others, or otherwise degrade
the quality of life of its citizens and property owners.
A.
The provisions of this chapter supplement applicable Michigan statutes
and Township ordinances concerning the matters addressed herein.
B.
AMERICAN NATIONAL STANDARDS INSTITUTE (or ANSI)
dB(A)
DECIBEL
EMERGENCY WORK
PERSON
As used in this chapter, the following terms shall have the meaning
indicated:
The standards-setting, nongovernmental organization formed
in 1918 that develops and publishes standards for, among other tasks,
measuring sound levels.
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 1.4-1971.
A unit used 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 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 10-5N/m2 (Newtons per meter squared). As an example of the effect of this
formula, a three-decibel change in the sound pressure level corresponds
to a doubling or halving of the sound intensity; a ten-decibel change
corresponds to a tenfold increase or decrease to 1/10th the former
intensity.
Work made necessary to restore property to a safe condition
following a public calamity; work to restore public utilities; or
work required to protect persons or property from imminent danger.
An individual, firm, or entity which:
A.
General regulation. It is unlawful for any person to engage or participate
in the making of unreasonable, excessive, or unusually loud noise
within the Township so as to annoy or disturb the quiet, comfort or
repose of a reasonable person of normal sensitivities, or to injure
or endanger the health, peace, or safety of the public.
B.
Examples of specific violations. The following nonexclusive list
of acts, among others, are declared to be unlawful noises in violation
of this chapter:
(1)
Radios, phonographs, and musical instruments. Operating, playing,
or permitting the operating or playing of any radio, phonograph, television
set, amplified or unamplified musical instrument, drum, loudspeaker,
tape recorder, or other sound-producing device, in such a manner or
with such volume at any time or place so as to annoy or disturb the
quiet, comfort, or repose of a reasonable person of normal sensitivities
in any office, dwelling, hotel, hospital or residence. The operation
of any such set, instrument, phonograph, machine, or device in such
a manner as to be plainly audible on real property or in a dwelling
unit other than that from which the noise originates or emanates is
prima facie evidence of a violation of this section.
(2)
Shouting and whistling. Yelling, shouting, hooting, whistling, singing,
or making any other loud noises on the public streets, sidewalks,
bike pathways, or other streets or paths within the Township, between
the hours of 11:00 p.m. and 7:00 a.m. the following day, or the making
of any such noise at any time or place so as to annoy or disturb the
quiet, comfort, or repose of a reasonable person of normal sensitivities
in any office, dwelling, hotel, hospital or residence.
(3)
Animals and birds. Owning, possessing, or harboring any animal or
bird that frequently or for continued duration howls, barks, meows,
squawks, or makes other sounds at any time or place so as to annoy
or disturb the quiet, comfort, or repose of a reasonable person of
normal sensitivities in any office, dwelling, hotel, hospital, or
residence.
(4)
Construction. Unless a variance therefor is first obtained from the
Township Zoning Administrator or Township Supervisor, the operating
or permitting the operation of any tools or equipment used in construction,
excavation, demolition, alteration or repair of any building, street
or highway, between the hours of sundown and 7:00 a.m. the following
day, such that the sound therefrom is plainly audible in any dwelling,
hotel, hospital, office or residence, or on any residential property
other than the property from which the noise emanates or originates,
so as to annoy or disturb the quiet, comfort, or repose of a person
of normal sensitivities in any office, dwelling, hotel, hospital,
or residence.
(5)
Engines. Operating or permitting
the operation of any steam engine or internal combustion engine, whether
stationary or mobile, in such a manner so as to annoy or disturb the
quiet, comfort, or repose of a reasonable person of normal sensitivities
in any office, dwelling, hotel, hospital, or residence. This subsection
does not prohibit the operation of any mechanically powered saw, sander,
drill, grinder, lawn or garden tool, snowblower, or similar device
used outdoors in residential areas between the hours of 7:00 a.m.
and 9:00 p.m. the same day, and does not prohibit the operation of
a state-licensed motor vehicle in a manner expressly permitted by
state law.
(6)
Schools, hospitals, churches, government buildings. Creating or maintaining
any noise that annoys or disturbs the quiet, comfort, or repose of
a person of normal sensitivities in any school, church, hospital,
governmental office, or court.
(7)
Automobile, motorcycle, or motorized vehicles. Operating any automobile,
motorcycle, or other motorized vehicle that is so out of repair or
is in such a condition as to cause loud grating, grinding, rattling,
or exhaust noise that annoys or disturbs the quiet, comfort, or repose
of a person of normal sensitivities in any office, dwelling, hotel,
hospital, or residence. Also, the modification of any noise abatement
device (such as an exhaust system) on a motor vehicle or engine, or
the failure to maintain such an abatement device such that the failure
causes noise to be emitted therefrom at a level beyond that normally
emitted by such a vehicle or engine with the abatement device as originally
manufactured, shall constitute a violation of this subsection if it
annoys or disturbs the quiet, comfort, or repose of a person of normal
sensitivities in any office, dwelling, hotel, hospital, or residence.
(8)
Horns. Sounding of any horn or other similar device on a motor vehicle
so as to annoy or disturb the quiet, comfort, or repose of a person
of normal sensitivities in any office, dwelling, hotel, hospital,
or residence, unless such is necessary to operate the vehicle safely
or as required by the Michigan Motor Vehicle Code or another pertinent
local ordinance.
(9)
Loading, unloading, or repairing vehicles or carriers. Creating a
noise in connection with the operation, loading, or unloading of any
vehicle, trailer, railroad car, or other carrier, or in connection
with the repair of any such vehicle, trailer, railroad car, or other
carrier, so as to annoy or disturb the quiet, comfort, or repose of
a person of normal sensitivities in any office, dwelling, hotel, hospital,
or residence.
(10)
Amplifying devices in motor vehicles. Operating any loudspeaker,
amplifier, bullhorn, or other instrument or sound-amplifying device
upon any vehicle on a public street or way to advertise, promote,
announce, or accomplish any other commercial purpose in such a way
as to annoy or disturb the quiet, comfort, or repose of a person of
normal sensitivities in any office, dwelling, hotel, hospital, or
residence.
(11)
Machinery; mechanical equipment. Operating any machinery, equipment,
or mechanical device so as to annoy or disturb the quiet, comfort,
or repose of a person of normal sensitivities in any office, dwelling,
hotel, hospital, or residence.
(12)
Devices to attract attention. Operating or using any drum, bullhorn,
amplifier, loudspeaker, or other instrument or device to attract attention
in such a way as to annoy or disturb the quiet, comfort, or repose
of a person of normal sensitivities in any office, dwelling, hotel,
hospital, or residence.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any act done on a temporary basis that is permitted by law and for
which a license or permit has been issued by the Township or another
proper governmental entity;
(2)
The emission of sound for the purpose of alerting persons to the
existence of an emergency, including sound from any police, ambulance,
fire or emergency vehicle while engaged in emergency activities;
(3)
The emission of sound for the purpose of performance of emergency
work in the Township;
(4)
The emission of sound for the purpose of warning through use of a
warning device authorized by law, or the emission of such sound for
the purpose of testing such devices; and
(5)
Noise emanating from the discharge of a firearm; provided, however,
that the discharge of the firearm was authorized under state law and
local ordinance.
(6)
Excavation or repair of bridges, streets or highways or other property
by or on behalf of the State of Michigan, Putnam Township, or Livingston
County, between sundown and 7:00 a.m., when the public welfare, safety
and convenience render it impossible to perform such work during other
hours.
D.
The Township Zoning Administrator or Supervisor may grant an applicant
a variance of this section to permit construction noises otherwise
prohibited hereunder if, after notice and a hearing, the applicant
proffers evidence from which the Township Board can reasonably conclude
that compliance with this section would constitute an unreasonable
hardship on either the applicant or the community.
A.
Notwithstanding any other provision in this chapter, a noise at a
level of 65 dB(A) or less measured at any residence, office, hotel,
hospital, school, church, or court shall create a conclusive presumption
on behalf of the alleged violator of this chapter that the noise at
issue does not violate this chapter.
B.
Any existing use of property that meets the requirements of Subsection A of this section at the time of its initial operation shall not be found to be in violation of this chapter based upon measurements of noise levels at any residence, office, hotel, hospital, school, church, or court constructed after the initial operation of said existing use.
A.
Type of instrument. All measurements of dB(A) related to this chapter
shall be made by using a sound level meter of standard design and
operated on the "A" weight scale with "slow" meter response. A calibration
check shall be made of the system at the time of any noise measurement
such that the measurement taken is a proper representation of the
sound or noise at issue.
B.
Place of measurement. All measurements of noise related to this chapter
shall be made at the office, residence, hotel, hospital, or other
building that contains the person whose quiet, comfort, or repose
is alleged to have been annoyed or disturbed in violation of this
chapter. Such measurements shall be made not less than 40 feet from
any reflective wall surface.
[Amended 3-16-2011 by Ord. No. 55]
The Township may enforce any violation of this chapter by:
A.
Municipal civil infraction. Any person, firm, or corporation who shall violate any provision of this chapter shall be responsible for a municipal civil infraction as provided in Chapter 55, Municipal Civil Infractions; Municipal Ordinance Violations Bureau.
B.
Injunction and abatement. In addition to any other remedy that may
be available under this section, the Township may commence proceedings
in a court of proper jurisdiction to enjoin or abate a violation of
this chapter. Such proceedings shall be governed by the applicable
statutes and court rules of the State of Michigan, and may include
reimbursing the Township for its costs and reasonable attorney fees.
