[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 6-9-2010 by Ord. No.
95. Amendments noted where applicable.]
This chapter shall be known and cited as the "Midland Township
Noise Ordinance," and it shall be sufficient in any action for enforcement
of the provisions hereof to define the same by such title or reference
to the number hereof.
No person, firm, corporation or other legal entity shall cause,
create or maintain any unreasonably loud noise or disturbance which
is injurious to, or interferes with, the public health, safety, welfare,
peace, comfort, convenience, repose or other interests of persons
in the vicinity or on nearby properties. Any such noise or disturbance
is hereby declared a nuisance per se.
The following noises and disturbances, when unreasonable in
time, manner or volume and injurious to, or interfere with, the public
health, safety, welfare, peace, comfort, convenience, repose or other
interests of persons in the vicinity or on nearby properties are declared
to be a violation of this chapter. Each of the following acts is declared
unlawful and prohibited, but this enumeration shall not be deemed
to be exclusive.
A.
The operation of any machinery, equipment or mechanical device so
as to emit unreasonably loud noise.
B.
Unreasonable emission or creation of any excessive noise that interferes
with operation of any school, church or hospital.
C.
The keeping of any animal, bird or fowl, including but not limited
to a barking dog, which, by causing frequent or long continuous noise,
shall disturb the comfort or repose of any person in the vicinity
or on nearby property.
D.
Use of any loudspeaker, amplifier, or other instrument or device,
whether stationary or mounted on a vehicle, whether for commercial
or noncommercial purposes, which unreasonably disturbs any persons
in the vicinity or on nearby property.
E.
The playing of any radio, television set, phonograph, tape player,
or any other device capable of the electronic reproduction or amplification
of sound, or any musical instrument in such a manner or with such
volume, particularly during the hours between 10:00 p.m. and 7:00
a.m., or at any time and place so as to annoy or disturb the quiet,
comfort, or repose of any persons in the vicinity or on nearby property.
F.
The sounding of any horns or warning devices on any automobile, truck,
motorcycle, bus, or other vehicle except when reasonably necessary
for the prevention of accidents or as required by the Michigan Motor
Vehicle Code.
G.
The operation of any automobile, truck, motorcycle, bus or other
vehicle that causes unreasonable noise, including but not limited
to noise resulting from exhaust, mechanical defect or modification.
The modification or removal of any noise-abatement device or muffler
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.
H.
Unreasonable yelling, shouting, singing or use of any radio, phonograph,
television or other electronic or mechanical sound-producing device,
including any musical instrument, between the hours of 10:00 p.m.
and 8:00 a.m., or the making of any such noise at any time so as to
annoy or disturb the quiet, comfort, or repose of persons in any school,
place of worship, or office, or any building, hotel, or other place
of residence, or of any person in the vicinity.
I.
The discharge of noise into the open air from any noise-creating
blower, fan, engine, motor or other power plant unless the noise from
such equipment is muffled sufficiently to deaden same.
J.
The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle, trailer, railroad car, other
carrier or the opening and destruction of bales, boxes, crates, or
containers.
K.
The erection, excavation, demolition, alteration or repair of any
building or premises, public or private, including streets and highways,
in such a manner or at such times as to emanate noise or disturbance
unreasonably annoying to other persons, except in cases of urgent
necessity in the interest of public health and safety.
L.
The sounding of any whistle, siren or bell on any vehicle other than
police, fire or other emergency vehicles.
M.
The operation of any track, course, proving ground, testing area,
obstacle course or other premises for vehicles, motor vehicles, motorcycles,
boats, all-terrain vehicles, miniature or model airplanes or other
motorized conveyances of any kind where the noise emanating there
from disturbs or annoys the quiet, comfort, or repose of persons in
the vicinity or on nearby property.
None of the terms or prohibitions of the preceding sections
shall apply to or be enforced against:
Any person or other entity who violates any provision of this
chapter is responsible for a municipal civil infraction as defined
by Michigan law and subject to a civil fine of not more than $500,
plus costs, which may include all direct or indirect expenses to which
the Township has been put in connection with the violation. In no
case, however, shall costs of more than $500 be ordered. The owner,
resident or occupant in control of a premises upon which a violation
of this chapter occurs is responsible for the violation to the same
extent as the person(s) who conduct the activity giving rise to the
violation. All violations of this chapter are declared nuisances per
se. The Township specifically reserves the right and shall have the
authority to proceed in any court of competent jurisdiction for the
purpose of obtaining an injunction, restraining order or other appropriate
remedy to abate said nuisance and to compel compliance with this chapter.
Each day a violation of this chapter continues to exist constitutes
a separate violation.
