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COLOMA CHARTER TOWNSHIP

BERRIEN COUNTY, MICHIGAN

ORDINANCE NO. 90

            Boardmember  Trustee Aviles, supported by Boardmember Trustee Molter, moved the adoption of the following Ordinance:

AN ORDINANCE TO AMEND PART 115 OF THE COMPILATION OF ORDINANCES OF COLOMA CHARTER TOWNSHIP

THE CHARTER TOWNSHIP OF COLOMA HEREBY ORDAINS:

Section 1.  Amendment.  Part 115 of the Compilation of Ordinances of Coloma Charter Township is hereby amended in its entirety to read as follows:

PART 115
ANTI-NOISE ORDINANCE

SECTION 115.01: TITLE

This Ordinance shall be known and cited as the Coloma Charter Township “Anti-Noise Ordinance.”

SECTION 115.02:  DEFINITIONS

The following terms Used in this Ordinance are defined as follows:

A.        “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 pressure measurements, the Sound pressure level of a given sound is defined to be twenty (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 1 a-fold increase or a decrease to 1/10th the former intensity.

                        B.        “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 115.03: ANTI-NOISE REGULATIONS

                        A.        General Regulation.  No person, firm or corporation shall cause or create any unreasonable or unnecessarily loud noise or disturbance, injurious to the health, peace, or quiet of the residents and property owners of the Township.

                        B.        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, or singing on the public streets between the hours of 10 p.m. and 7 a.m., or at any time or place so as to 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, hospital or court.

            (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 operation of any automobile, motorcycle or other vehicle or boat so out of repair or so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling, or other unreasonable noise including the noise resulting from exhaust, which is clearly audible from nearby properties and unreasonably disturbing to the quiet, comfort or repose of other persons. The modification of any noise abatement device on any motor vehicle or engine, or the failure to maintain same so that the noise emitted by such vehicle, engine or boat is increased above that emitted by such vehicle or boat, as originally manufactured shall be in violation of this section.

            (6)        The sounding of any horn or other device on any motor vehicle or boat unless necessary to operate said vehicle or boat safely or as required by the Michigan Motor Vehicle Code or other law.

            (7)        The discharging outside of any enclosed building of the exhaust of any steam engine, internal combustion engine, motor vehicle, or motor boat engine except through a muffler or other similar device which will effectively prevent loud or explosive noises. The modification of any noise abatement device on any motor vehicle or engine, or the failure to maintain same so the noise emitted by such vehicle or engine is increased above that emitted by such vehicle as originally manufactured shall be in violation of this section

            (8)        The erection, 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 emanate noise or disturbance unreasonably annoying to other persons, other than between the hours of 7:00 a.m. and sundown 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 Building Inspector or Ordinance Enforcement Officer of the Township, which permit shall limit the periods that the activity may continue.

            (9)        The creation of a loud or excessive noise unreasonably disturbing to other persons in the vicinity in connection with the operation, loading or unloading of any vehicle, trailer, railroad car, or other carrier or in connection with the repairing of any such vehicle in or near residentially used areas.

            (10)      The use of any drum, loudspeaker or other electronic or mechanical 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 persons in the vicinity.

            (11)      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 residentially used property.

            (12)      The operation of any machinery, equipment or mechanical or electronic device so as to emit unreasonably loud noise which is disturbing to the quiet, comfort or repose of any person.

            (13)      The operation of any racetrack, proving ground, testing area or obstacle course for motor vehicles, motorcycles, boats, racers, automobiles or vehicles of any kind or nature in any area of the Township where the noise emanating therefrom would be unreasonably disturbing and upsetting to other persons in the vicinity. Under no circumstances shall any racetrack, proving ground, testing area or obstacle course operate after 11 p.m. on any evening.

SECTION 115.04: ANTI-NOISE REGULATIONS BASED UPON dB(A) CRITERIA

A.        Regulations for decibel measurement of noise originating from private properties.  Noise radiating from all properties or buildings, as measured at the boundaries of the property, which is in excess of the dB(A) established for the zoning districts, as defined by the Coloma Charter Township Ordinance, and times herewith listed shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is therefore, in violation of this Ordinance.

Violations.  Violations shall exist when the source or sources of the noise are identifiable, and the levels emitting from the source or sources exceed the following limitations as enumerated below.  Such noises may include, by example, those emitting from musical instruments, loud speakers, sound amplifiers and similar devices or the production, processing, cleaning, servicing, testing, repairing and manufacturing of materials, goods or products, including vehicles.

ZONING DISTRICT or USETIME PERIODDECIBEL LIMIT
i)  Property that is residentially zoned or used; any property within 500 feet of a hospital regardless of the zoning district or use; agriculturally zoned property within 500 feet of any dwelling not owned by the owner of such agriculturally zoned property.7:00 AM to 10:00 PM 10:00 PM to 7:00 AM              55dB(A) 50dB(A)              
ii)  Property that is agriculturally zoned or used and is greater than 500 feet from any dwelling not owned by the owner of such agriculturally zoned or used property.7:00 AM to 10:00 PM 10:00 PM to 7:00 AM  65dB(A) 55dB(A)  
iii)  Property that is industrially or commercially zoned and not residentially used, subject to section iv below.7:00 AM to 10:00 PM 10:00 PM to 7:00 AM75dB(A) 70dB(A)
iv)  Industrially or commercially zoned property within 500 feet of residentially used or zoned property.7:00 AM to 11:00 PM 11:00 PM to 7:00 AM70dB(A) 55dB(A)
v)  All railroad operations, regardless of the zoning district in which such operations occur.All times75dB(A)

B.        Regulations for decibel measurement of motor driven vehicles on public roads. All noise emitted from motor driven vehicles upon public roads shall be measured whenever possible at a distance of at, least 50 feet from a noise source located within the public right-of-way. If measurement at 50 feet is not feasible, measurement may be made at 25 feet and if this is done, 6 dB(A) shall be added to the limits provided below.  All such noises in excess of the dB(A) as provided herein shall be prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area and is therefore in violation of this Ordinance.

Type of Vehicle                                                                                                                                             Maximum

Limitation

Trucks and buses – Over 10,000 lbs gross weight                                          82 dB(A)

Trucks and buses – Under 10,000 lbs gross weight                                        74 dB(A)

Passenger cars – Any weight                                                                                                               74 dB(A)

Motorcycles, snowmobiles and mini-bikes – Any weight      82 dB(A)

All other self-propelled vehicles including watercraft—

                                                      Any weight                       74 dB(A)

                        C.        Measurement of Noise.  All measurements of dB(A) according to subparagraphs A and B of this Section shall be made using a sound level meter of standard design and operated on the “CIA” weight scale with “slow” meter response.

SECTION 115.05  Exceptions.  The following exceptions shall apply to the regulations contained in the above Section 115.04:

            (i)        Construction projects shall be subject to the maximum permissible noise levels allowed in industrial districts as long as a valid building permit has been issued by the Township and is currently in effect.

            (ii)       Noises occurring between 7 a.m. and sundown caused by home or building repairs or from maintenance of grounds, provided such noise does not exceed the limitations specified above by more than 20 dB(A).

            (iii)       Noises emanating from the discharge of firearms are excluded, providing the discharge of the firearms was authorized under Michigan law and all local Ordinances.

(iv)       Any police vehicle ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities or in the performance of their duty.

  • Excavation or repair of bridges, streets or highways or other property by or on behalf of the State of Michigan, Coloma Charter Township, or the County of Berrien, between sundown and 7 a.m. when public welfare, safety and convenience render it impossible to perform such work during other hours.
  • Warning devices emitting sound for warning purposes as authorized by law.
  • Outdoor power tools used for general maintenance of homes and lawns as long as the noise generated is of a temporary nature and are in use not later than sundown or earlier than 7 AM.
  • Electrical power generators used in case of and only during an electrical power outage or between the hours of 7 AM and sunset for short periodic maintenance cycling.

SECTION 115.06: PUBLIC NUISANCE REGULATIONS

No person, firm or corporation shall create, cause or maintain any public nuisance within the Township by the unreasonable emission of dust, smoke, fly ash or noxious odors which are offensive or disturbing to adjacent property owners and residents or persons in the area.

SECTION 115.07:  PENALTIES

Any person, firm, association, partnership or corporation that violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of up to $500.00 or imprisonment in the County jail up to ninety (90) days, or both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense.  The fines and penalties herein provided shall be in addition to any injunctive or other relief which might be available or appropriate under the circumstances.

SECTION 115.08: ADMINISTRATIVE LIABILITY

No Township officer, agent, appointee, contractor employee, or member of the Township Board, shall be personally liable for any damage that may accrue to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of duties and responsibilities pursuant to this Ordinance.

SECTION 115.09:  SEVERABILITY AND CAPTIONS

This Ordinance and the various parts, sections, subsections, sentences, phrases and clauses hereof are declared to be severable. If any part, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. The captions included at the beginning of each Section are for convenience only and shall not be considered a part of this Ordinance.

SECTION 115.10:  REPEAL

All other ordinances, parts of ordinances, or amendments thereto, any of which are in conflict with the provisions of this Ordinance, are hereby repealed in their entirety to the extent of such conflict.

Section 2.  Effective Date.     This Ordinance shall be effective 30 days after its publication, or a publication of a summary thereof, in a newspaper of general circulation in the Township.

Section 3.  Publication.         After its adoption, this Ordinance or a summary thereof, as permitted by law, shall be published by the Township Clerk in a newspaper of general circulation in the Township.

Approved this 14th day of  June, 2006.

YEAS:            Boardmember; Becht, Parrigin, Olsen, Aviles, Duffield, Helbling, Molter

 NAYS:           Boardmember; None

ABSTAIN:     Boardmember; None

ABSENT:       Boardmember; None

ORDINANCE DECLARED ADOPTED. Dated:  June 14, 2006