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ordinances or sub-pans thereof in conflict herewith are repealed only to the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.
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