|
GENOA TOWNSHIP
LIVINGSTON COUNTY
NOISE ORDINANCE #011203
Section 1.0 Title
This ordinance shall be known and cited as the Genoa Township Anti-Noise and
Public Nuisance Ordinance.
Section 2.0 Definitions
Decibel is a unit used to express the magnitude of sound pressure and sound
intensity. The difference in decibels between two sound pressures is twenty
(20) times the common logarithm of their ratio. In sound press 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 3 decibel change in the sound pressure level corresponds to
a doubling or halving of the sound intensity, and a 10 decibel change
corresponds to a 10-fold increase or decrease to 1/10th the former
intensity.
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 3.0 Anti-Noise Regulations
No person, firm or corporation or other legal entity shall cause or create
any unreasonable or unnecessarily loud noise or disturbance, injurious to
health, peace, or quiet of the residents and property owners of the
township.
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 to be 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 quiet,
comfort or repose of other persons.
2. Yelling, shouting, hooting, whistling or singing on the public streets
between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place as to
be unreasonably upset or disturb the quiet, comfort or repose of any persons
in the vicinity.
3. The emission or creation of any excessive noise which unreasonably
interferes with the operation of any school, church or hospital.
4. The keeping of any animal, bird or fowl, which emanates frequent or
extended noise which shall unreasonably disturb the quiet, comfort or repose
of any person in the vicinity; such as allowing or permitting any dog to
bark repeatedly in an area where such barking can be clearly heard from
nearby residential property.
5. The construction, excavation, demolition, alteration or repair of any
building or premises in any part of the township, and including the streets
and highways, in such a manner as to create noise or disturbance
unreasonably annoying to other persons, other than between the hours of
7:00am and 8:00pm 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 Township Manager of the Township, which permit shall limit
the periods that the activity may continue.
6. The creation of a loud or excessive noise unreasonably disturbing to
other person in the vicinity in connection with the operation, loading or
unloading of any vehicle, trailer, or other carrier or in connection with
the repairing of any such vehicle in or near residential areas.
7. 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 person in the vicinity.
8. 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
raucous noises easily heard from nearby adjoining residential property.
9. The operation of any machinery, equipment or mechanical device so as to
emit unreasonably loud noise which is disturbing to the quiet, comfort or
repose of any person.
Section 4.0 Decibel Level Prohibitions
No person shall conduct or permit any activity, including those specific
prohibitions listing in section 3 that produces an OBA at or beyond the
property line of the property on which it is conducted which exceeds the
levels specified in Table I. Such noise levels shall be measured on the
property line or on the adjacent property, which is receiving the noise.
Where property is used for both residential and commercial purposes, the
limitations set forth below for commercial property shall apply.
Table I
Use of Property Producing Sound Use of Property Receiving Sound 7:00am to
10:00pm 10:00pm to 7:00am
Residential Residential 75 50
Commercial Residential 80 50
Residential Commercial 80 50
A. The following limited activities are exempted from the sound level
limitations of this section:
1. Any police vehicle, ambulance, fire engine or emergency vehicle while
engaged in necessary emergency activities.
2. Warning devices emitting sound for warning purposes as authorized by law.
3. Emergency work necessary to restore property to a safe condition
following a fire, accident or natural disaster; to restore public utilities
or to protect persons or property from imminent danger.
4. Activities of operations of governmental units or agencies.
5. Parades, concerts, festivals, fair or similar activities subject to any
sound limitations included in the approval by the Township.
6. The use of noncommercial purposes of one or more bells or chimes which
does not exceed 90 seconds duration in an hour between 9:00 a.m. and 10:00
p.m.
Section 5.0 Conflicts
All other ordinances and parts of ordinances in conflict with this
Ordinance, to the extent of such conflict and no further, are hereby
repealed.
Section 6.0 Severability
This ordinance and the various articles, sections, paragraphs and clauses
thereof, are hereby declared to be severable, if any article, section,
paragraph or clause is adjudged unconstitutional or invalid, the remainder
of the ordinance shall not be affected thereby.
Section 7.0 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
$500.00 or by imprisonment not to exceed 90 days, or by both such fine and
imprisonment, at the discretion of the court. Each day that a violation
shall continue 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 8.0 Effective Date
This ordinance shall be effective thirty days after its publication pursuant
to law.
Paulette A. Skolarus
Genoa Township Clerk
|
