DISTURBING THE PEACE

Section 03-4: 

  (a)  Unlawful noises.  No person shall make, continue, or cause to be made or continued any excessive, unnecessary, or unusually loud noise or any noise that either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the township.  The following acts, among others, are declared to be loud, disturbing, injurious and unnecessary and unlawful noises in violation of this section, but this enumeration shall not be deemed to be exclusive: 

(1)  Horns and signal devices.  The sounding of any horn or signal device on any automobile, motorcycle, bus, train, 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; and the creation by means of any signal device for any unreasonable or unnecessary period of time. 

 (2)  Radio, phonography, musical instruments.  The playing of any radio, phonograph, television set, amplified or unamplified musical instruments, loudspeaker, tape recorder, or other electronic sound producing devices in such a 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, or other type of residence or of any persons in the vicinity.  The operation of 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)  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, or other type of residence or in any office or of persons in the vicinity. 

 (4)  Hawking.  The hawking of goods, merchandise, or newspapers in a loud or boisterous manner.

 (5)  Animal and bird noises.  The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person.  This section would be a violation if the noise disturbed a reasonable person in any office, dwelling, hotel, or hospital.

 (6)  Whistle or siren.  The blowing of any whistle or siren, except to give notice of the time to begin or stop work or as a warning of fire or danger.

 (7)  Engine exhaust.  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 there from.

 (8)  Construction noises.  The erection including excavation, 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 therefore is first obtained from the Township Hall.

 (9)  Handling merchandise.  The creation of a loud and excessive noise in connection with loading and unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers.

 (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. 

(b)  Exceptions.  None of the terms or prohibitions of subsection (a) of this section shall apply or be enforced against the following:

(1)  Emergency vehicles.  Any police or fire vehicle or any ambulance, while engaged upon necessary emergency business. 

(2)  Highway and utility maintenance and construction.  Necessary excavations in or repairs of bridges, streets, or highways or any public utility installation by or on behalf of the township 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 time. 

(3)  Public addresses.  The reasonable use of stationary amplifiers or loudspeakers for public addresses which are noncommercial in character. 

(4)  Bird noises.  Animal or bird noises that are necessary and incidental to lawful farming operations or as otherwise protected under the Michigan Right to Farm Act are exempted from this ordinance. 

(5)  Firearms discharge.  Noise from a discharge of a firearm that is authorized under law is exempted from this ordinance. 

(6)  Other exceptions.  All other temporary noises permitted by law and by license or permit of the Township are excepted.  

PENALTY:     Any persons found guilty of this violation shall be found guilty of a misdemeanor, punishable of a fine up to $250.

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