[HISTORY: Adopted by the Township Board of the Charter Township of Cascade 1-22-2003 by Ord. No. 1-2003. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- An area of land that is lawfully used for or incidental to the landing, take off and parking of aircraft, including buildings and facilities.
- A use of property for purposes other than residential.
- Any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private rights-of-way, structures, utilities or similar property.
- EMERGENCY VEHICLE, MACHINERY OR ALARM
- Any machinery, vehicle or alarm used, employed, performed or operated in an effort to protect or restore safe conditions in the community or for the citizenry or work by private or public utilities when restoring utility service.
- EMERGENCY WORK
- Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency or work by private or public utilities when restoring utility services.
- Any individual, firm, association, partnership, joint venture, corporation, limited liability company or other entity.
- PROPERTY LINE
- The imaginary line which represents the legal limits of property, including an apartment, condominium, room or other dwelling unit, owned, leased, or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the property line shall be the nearest boundary of the public right-of-way.
- SOLID WASTE
- Any garbage, rubbish, ashes, incinerator ash, incinerator
residue, street cleanings, municipal and industrial sludges, solid
commercial and solid industrial waste, and animal waste; provided,
however, that this definitions shall not include hazardous waste,
site-separated materials, source-separated materials, human body waste,
liquid or other waste regulated by statute, ferrous and nonferrous
scrap directed to a scrap metal processor or to a reuser of ferrous
or nonferrous products, and slag or slag products directed to a slag
processor or to a reuser of slag or slag products.[Amended by Ord. No. 4-2005]
- SOURCE-SEPARATED MATERIALS
- Any recyclable materials, including but not limited to bottles,
cans, newspapers, corrugated containers, metals, grass, leaves, brush
and yard trimmings that are separated from solid waste prior to the
collection of solid waste from a site of generation.[Amended by Ord. No. 4-2005]
- TOWNSHIP MANAGER
- The Township Manager of Cascade Charter Township.
General regulation. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unreasonable, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any other person, resident or property owner within the Township.
Specific prohibitions. The following activities and noises are prohibited if they produce clearly audible sound beyond the property line of the property on which they are conducted. These regulations apply to commercial properties, activities or uses between the hours of 10:00 p.m. and 7:00 a.m. and residential properties between the hours of 11:00 p.m. and 7:00 a.m.
[Amended by Ord. No. 4-2005]
The operation of power tools or equipment.
The operation or playing of any radio, television, phonograph, audio equipment, drum or musical instrument; also, the creation or activity of music.
Construction, repair, remodeling, demolition, drilling or excavation work Monday through Sunday, except as permitted in § 264-3.
The operation or use of any loudspeaker, sound amplifier, public address system or similar device used to amplify sounds indoors or outside the premises.
The creation of any loud, unnecessary noise in connection with the loading or unloading of any vehicle or the opening and closing or destruction of bales, boxes, crates or other containers.
The use of any drums, loudspeakers, musical devices or other instruments or devices for the purposes of attracting attention by the creation of noise to any performance, show or sale or display of merchandise.
The collection of solid waste and source-separated materials on any property that has a commercial and/or industrial use that is adjacent to a residential use.
Special prohibitions. It shall be unlawful for any person to own, harbor or keep any dog which shall cause annoyance or disturbance at any time (24 hours a day) to people in the neighborhood or people on the streets of the neighborhood by loud or frequent or habitual barking, howling or yelping.
[Amended by Ord. No. 7-2003]
The following activities and noises are exempted from the requirements of § 264-2:
Otherwise lawful regular or permitted activities or operations of governmental units or agencies.
Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster or to restore public utilities, or to protect persons or property from an imminent danger.
Devices or activity creating sound made to alert persons to the existence of an emergency, danger or attempted crime.
Regular activities or operations of an airport.
Any vehicle or equipment designed and used for the purpose of snow and/or ice removal when in use for such purposes.
[Amended by Ord. No. 4-2005]
An application for a license to engage in any activity, noise or use which would otherwise violate § 264-2 of this chapter must be made in writing and submitted to the Township Clerk. Application shall be made at least 30 days prior to the date of the proposed use or event. The applicant requesting the license must be the taxpayer of record for the property on which the use or event will take place. The application shall contain all of the following information:
Name and mailing address of the person making the application.
A statement of the type of event to take place which will require the license.
The address and legal description of the property the event is to be held on.
The date and hours during which the event will be conducted.
An estimate of the maximum number of attendants expected at the event.
Upon receipt of the application by the Township Clerk, copies of the application shall be forwarded to the Kent County Sheriff's Department and the Fire Chief serving the subject area, and to such other appropriate agencies as the Township Clerk shall deem necessary. Such officers and officials shall review matters relevant to the application, and, within 10 days of receipt thereof, shall report their findings and recommendations to the Township Manager.
Within 20 days of the filing of the application, the Township Manager shall issue or deny a license. The Township Manager may attach reasonable conditions to the issuance of a license. Where conditions are imposed as prerequisite to the issuance of a license, or where a license is denied, within five days of such action, notice thereof must be mailed to the applicant, and in the case of denial, the reasons therefor shall be stated in the notice. A denial (or condition attached to an approval) may be appealed to the Township Board if the applicant files a written notice of appeal with the Township Clerk within 10 days of the date of the Township Manager's decision.
Complaints. Complaints by a resident or property owner in the Township regarding any violations of this chapter shall be filed with the Township Manager or his/her designee. Complaints may be investigated after two complaints for the same violation on the same date are filed from residents who reside at different households.