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An ordinance to secure the public health, safety and general welfare of the residents and property owners of Tuscarora Township, Cheboygan County, Michigan by the regulation of noise within said township; to prescribe the penalties for the violation thereof.

Section 1:Title

This ordinance shall be known and cited as the Tuscarora Township Anti-Noise and Public Nuisance Ordinance.

Section 2: 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 press measurements, the

sound pressure level of a given sound is defined to be 20 time 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.

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 3: 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, hooting or singing on the public streets between the

hours of 10 p.m. to 6 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 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 or engine is increased above that emitted by such vehicle as

originally manufactured shall be in violation of this section.

6. The sounding of any horn or other device on any motor vehicle unless

necessary to operate said vehicle safely or as required by the Michigan

Motor Vehicle Code.

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 muffle 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

6:00 a.m. and sundown on any day, except in cases of urgent necessity in

the interest of public health and safety.

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 or other carrier or in connection with the

repairing of any such vehicle in or near residential areas.

10: 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 for 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 residential

property.

12. 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.

13. The operation of any race track, proving ground, testing area or

obstacle course for motor vehicles, motorcycles, boats, racers, automobiles

or vehicles of any kind or nature in an 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 race

track, proving ground, testing area or obstacle course operate after 11 p.m.

on any evening.

C. Exceptions-none of the prohibitions hereinbefore enumerated shall apply to 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 or other property

by or on behalf of the State of Michigan, Tuscarora Township or the

County of Cheboygan, between sundown and 6 a.m. when the public

welfare, safety and convenience render it impossible to perform such work

during other hours.

3. Warning devices emitting sound for warning purposes as authorized by

law.

Section 4: Anti-Noise Regulations Based Upon dB(A) Criteria. In order to regulate and

prove violations occurring under Section 3 of this ordinance, any noise in excess of the

maximum decibel limits according to the regulations stated below is deemed to be in violation of this ordinance.

A. Regulations for decibel measurement of noise originating from private

properties-noise radiating from all properties or buildings, as measured a the boundaries of the property, which is in excess of the dB(A) established for the districts and times herewith listed shall constitute prima facia 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 shall exist when the source or sources of noise are identifiable and the levels emanating from the source or sources exceed the following limitations. As an example, such noise shall include that emitting from the production, processing, cleaning, servicing, testing, repairing and manufacturing of materials, goods or products, including vehicles.

Zoning Districts:

Residential Limitations: 70 dB(A) between the hours of 10 p.m. and 6 a.m.

75 dB(A) between the hours of 6 a.m. and 10 p.m.

Commercial Limitations: 74 dB(A) between the hours of 10 p.m. and 6 a.m.

79 dB(A) between the hours of 6 a.m. and 10 p.m.

Agricultural Limitations: 74 dB(A) between the hours of 10 p.m. and 6 a.m.

79 dB(A) between the hours of 6 a.m. and 10 p.m.

Harmonic or pure tones and periodic or repetitive impulse sound shall be in

violation when such sounds are at a sound level of 5 dB(A) less than those listed

above.

Where property is partly in two zoning districts or adjoins the boundary of a

zoning district, the dB(A) levels of the zoning district of the property where the

noise is emanating shall control.

The following exceptions shall apply to these regulations under Section 4,

Subsection A:

1. Construction projects shall be subject to the maximum permissible noise

levels specified for industrial districts as long as a valid building permit

had been issued and is currently in effect.

2. Noises occurring between 6 a.m. and sundown caused by home or

building repairs or from maintenance of grounds are excluded, provided

such noise does not exceed the limitations specified in Section 4A by more than 20 dB(A).

3. Noises emanating from the discharge of firearms are excluded,

providing the discharge of the firearms was authorized under Michigan law

and all local ordinances.

4. Any commercial, agricultural or industrial use of property which exists now or in the future as a legal non-conforming us (as defined in the

Cheboygan County zoning ordinance) in a higher zoning classification

shall be allowed to emit noise in excess of these limitations for the

particular zoning classification where such use is located, providing that

such noise does not exceed either of the following limitations:

a. The noise level emitted by such use at the time it became a legal

non-conforming use as a result of the enactment of an amendment

of the township zoning ordinance if available.

b. The limitations contained herein are based upon such a use

being located in the highest zoning district (either commercial and

agricultural or industrial) where such a use is specifically allowed as

a permissible use.

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 (or 15 meters) from a noise

source located within the public right-of-way. If measurement at 50 feet (15

meters) is not feasible, measurement may be made at 25 feet (7 1/2 meters) 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.

Trucks & Buses-Weight: Over 10,000 lbs. gross weight, dB(A) Maximum

Limitation: 82dB(A).

Trucks & Buses-Weight: Under 10,000 lbs gross weight, dB(A) Maximum

Limitation: 77dB(A).

Passenger cars-any weight, dB(A) Maximum Limitation: 77db(A).

Motorcycles, snowmobiles & mini-bikes-any weight, dB(A) Maximum

Limitation: 82 dB(A).

All other self-propelled motor vehicles-any weight, dB(A) Maximum

Limitation: 77dB(A).

C. Measurement of noise-all measurements of dB(A) according to subparagraphs

A and B of this section shall be made by using a sound level meter of standard

design and operated on the "A" scale, with "slow" meter response.

Section 5: 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 this

area.

Section 6: Validity.

The several provisions of this ordinance are declared to be separate; if any court of law shall hold that any section or provision thereof is invalid, such holding shall not affect or impair the validity of any other section or provision of this ordinance.

Section 7: Penalties.

Any person, firm or corporation found violating any of the provisions of this ordinance

shall, upon conviction, be responsible for a civil infraction and subject to a penalty not to exceed Three-Hundred Dollars ($300.00) plus court costs. Each day that a violation shall continue shall constitute a separate offense. The provisions of this ordinance may also be enforced by suit for injunction, damages or other appropriate legal action.

Section 8: Effective Date.

The ordinance shall take effect on 07-11-98.