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Code of Ordinance › Chapter 30 — ENVIRONMENT

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Public nuisance. Whatever annoys, injures or endangers the safety, health, comfort or repose of the public, or offends public decency, is hereby declared to be a public nuisance. (Comp. Ords. 1987, § 20.691) Cross reference— Definitions generally, § 1-2.

Any person who violates any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished in accordance with section 1-11. (Comp. Ords. 1987, § 20.695)

It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary or unusually loud noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the village. The following acts, among others, are declared to be loud, disturbing, injurious, and unnecessary and unlawful noises in violation of the section, but this enumeration shall not be deemed to be exclusive:

1. (1) Horns and signal devices on vehicles. The sounding of any horn or signal device of any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal or to give warning of intent to get into motion, or, if in motion, only as a danger signal after or as brakes are being applied and decelerating of the vehicle has begun; the creation by means of such signal device of any unreasonably loud or harsh sounds; and the sounding of any signal device for any unreasonable or unnecessary period of time.
2. (2) Radios, phonographs and musical instruments. The playing of any radio, phonograph, television set, amplified or unamplified musical instrument, loudspeaker, tape recorder or other electronic sound-producing device in such manner or with such volume at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel, hospital or other type of residence, or of any persons in the vicinity. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible on a property or in a dwelling unit other than that in which it is located shall be prima facie evidence of a violation of this section.
3. (3) Shouting and whistling. Yelling, shouting, hooting, whistling, singing or the making of any other loud noises on the public streets between the hours of 11:00 p.m. and 7:00 a.m., or the making of any such noise at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel, hospital or other type of residence, or in any office, or of any persons in the vicinity.
4. (4) Hawking. The hawking of goods, merchandise or newspapers in a loud or boisterous manner.
5. (5) Noisy animals and birds. The keeping of any animal or bird which, by causing frequent or loud continued noise, shall disturb the comfort or repose of any person.
6. (6) Whistles or sirens. The blowing of any whistles or sirens, except to give notice of the time to begin or stop work or as a warning of fire or danger.
7. (7) Engine exhausts. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine, except through a muffler or other device which effectively prevents loud or explosive noises therefrom.
8. (8) Construction noise. The erection (including excavation therefor), demolition, alteration or repair of any building, and the excavation of streets and highways, on Sundays and other days, except between the hours of 7:00 a.m. and 8:00 p.m., unless a permit therefor is first obtained from the village council.
9. (9) Handling merchandise. The creation of loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.
10. (10) Devices to attract attention. The use of any drum, loudspeaker, amplifier, or other instrument or device for the purpose of attracting attention for any purpose. (Comp. Ords. 1987, § 20.692)

None of the terms or prohibitions of section 30-93 shall apply to or be enforced against:

1. (1) Any police or fire vehicle or any ambulance, while engaged upon necessary emergency business.
2. (2) Necessary excavations in or repairs of bridges, streets or highways or any public utility installation by or on behalf of the village or any public utility or any agency of the state, during the night or on Sunday, when the public safety, welfare and convenience necessitates the performance of the work at such times.
3. (3) The reasonable use of stationary amplifiers or loudspeakers for public addresses which are noncommercial in character.
4. (4) The use of sound amplifiers or other such devices by churches or other organizations approved by the council.
5. (5) Trains. (Comp. Ords. 1987, § 20.693)

If there is any evidence of retaliation by any offender under this article against any complainant or witness, such evidence shall be communicated to the district court magistrate. In sentencing any violator, the district court magistrate shall first examine the evidence of retaliation, and, if such be shown, shall consider such acts and sentence the violator accordingly. (Comp. Ords. 1987, § 20.694) Secs. 30-96—30-120. - Reserved. [6]

Footnotes:

--- (6) --- Editor's note— Entire article revised on March 21, 2006 (Ordinance No. 138). Cross reference— Traffic and vehicles, ch. 66. State Law reference— Abandoned vehicles, MCL 257.252(a) et seq.

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