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   FRENCHTOWN CHARTER TOWNSHIP ORDINANCE



FRENCHTOWN CHARTER TOWNSHIP

NOISE ORDINANCE AMENDMENT ORDINANCE

Ordinance No. 184 Effective Date 3-22-2001

 An Ordinance to amend Frenchtown Charter Township Noise Ordinance No.184 concerning modifications of the exceptions provisions to the Ordinance.

THE CHARTER TOWNSHIP OF FRENCHTOWN HEREBY ORDAINS

Section I. Title.

This Ordinance is hereby referred to as the Frenchtown Charter Township Noise Ordinance Amendment Ordinance.

Section 2. Standards.

 Frenchtown Charter Township Noise Ordinance No.184, Section 2 (B)(4) is hereby amended to read as follows:

 Section 2(B)(4). The operation of any automobile, truck, motorcycle, bus or other motor vehicle so as to cause loud and unnecessary grating, grinding, rattling, exhaust noise, or other noise disturbing to the quiet, comfort, or repose of other persons. .

 Section 3. Exceptions.

 Frenchtown Charter Township Noise Ordinance No.184, Section 2 ( C) is hereby amended by adding the following:

 Section 2(0(3). Any activity or function sanctioned or conducted .by a governmental unit, public school, or a private school properly licensed by the State of Michigan.

 Section 2(0(4). Any public emergency warning system while engaged in the testing of said system.

 Section 4 …

 Every word, sentence and clause of this Ordinance is hereby declared to be severable and if any word, sentence,

 clause, provision or part thereof is declared to be invalid by a court of competent jurisdiction, the remaining

provisions shall not be affected.

 Section 5. Repeal.

The provisions of any or all ordinances or sub-pans thereof in conflict herewith are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 6.Effective Date.

This Ordinance sha11 take effect immediately after final passage and publication in a newspaper having general circulation in the Charter Township of Frenchtown. Monroe County .Michigan.


FRENCHTOWN CHARTER TOWNSHIP NOISE ORDINANCE

ORDINANCE NO. 184 DATE:

An Ordinance making unreasonable noises or disturbances unlawful, defining the same, establishing lawful exceptions, establishing penalties for violations of the provisions of this Ordinance as well as severability of the provisions of this Ordinance.

THE CHARTER TOWNSHIP Of FRENCHTOWN ORDAINS:

Section 1. Title.

This Ordinance shall be known and referred to as the "Frenchtown Charter Township Noise

Ordinance."

Section 2. Regulations.

A. No person, firm, corporation or entity shall cause or create any unreasonable or improper

noise or disturbance, injurious to the health, peace or quiet of the residents and property owners of the Charter Township of Frenchtown.

B. 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 constant sounding of any horn or signal device on any automobile, truck, motorcycle, bus, or other motor vehicle for any purpose other than to avoid an accident or collision.

(2) The playing of any radio, stereo, boom box, CD player, or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of other persons.

(3) Yelling, shouting, screaming, hooting or singing on the public streets or at any time or place so as to annoy or disturb the quiet, comfort or repose of other persons.

(4) The operation of any automobile, truck, motorcycle, bus, or other motor vehicle so , as to cause loud and unnecessary grating, grinding, rattling, exhausting, or other , noise disturbing to the quiet, comfort, or repose of other persons

(5) 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 resulting therefrom.

 (6) The erection, excavation, demolition, alteration, or repair of any building or premises in any platted residential district or section of the Township, including the streets and highways therein, 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 7:00 p.m. except in cases of urgent necessity in the interest of public health and safety , upon receipt of a permit therefore from the building inspector of the Township, which permit shall limit the period that the activity may continue.

(7) The emission or creation of any excessive noise on any street which unreasonably interferes with the operation of any school, church, hospital or court.

(8) The creation of any loud or excessive noise, unreasonably disturbing to other persons in the vicinity in connection with the loading or unloading of any vehicle, trailer, box car, or other carrier, or in connection with the opening or destruction of bales, boxes, crates or other containers, between the hours of 9:00 p.m. and 7:00 a.m.

(9) The use of any loudspeaker or other device for the purpose of attracting attention to any performance, show, sale or display of merchandise which, by the creation of such noise, shall be unreasonably disturbing to other persons in the vicinity .

(10) The operation of any race track, proving ground, testing area, or obstacle course for motorcycles, motor vehicles, 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 annoying to other persons in the vicinity .

(11) To permit any animal unreasonably to cause annoyance, alarm or noise disturbance at any time of the day or night by repeated barking, whining, screeching, howling, braying or other like sounds, which may be clearly heard beyond the boundaries of the animal owner's real property .

C. None of the prohibitions herein before enumerated shall apply to any of the following:

(1) Any police, vehicle, ambulance, fire engine or emergency vehicle while engaged in necessary emergency activities.

(2) Excavation or repair of bridges, streets, or highways by or on behalf of

Frenchtown Charter Township, State of Michigan, or County of Monroe.

Section 3. Severability .

The several provisions of this Ordinance are declared to be separate and the holding of any court that any section or provision thereof is invalid shall not affect or impair the validity of any other section or portion.

Section 4. Penalties for Violation.

Any person, firm, corporation, or entity found violating any of 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 shall constitute a separate offense. The provisions of this Ordinance may also be enforced by an action for injunction, damages, or other appropriate legal action.

 Section 5. Ordinance Availability.

 Copies of this Ordinance may be purchased or inspected at the Frenchtown Charter Township Offices, 2744 Vivian Road, Monroe, Michigan.

 Section 6. Publication and Effective Date.

This Ordinance shall be published in a  newspaper of general circulation in Frenchtown Charter Township and shall become effective thirty (30) days after publication.

This ordinance was enacted at a regular meeting of the Frenchtown Charter Township Board held on November 10, 1998. Six Board Members being present and Mr. Spas. Mrs Rousselo, Mr. Yoas, Mr. Lindquist, Mr. VanDaele and Mr. Felds Board Members voting in favor thereof.