(a) Purpose; General Prohibition. In order to preserve and protect the public peace, health and safety, no person shall make, continue or cause to be made or continued any unreasonable noise or any noise which unreasonably annoys or disturbs, does injury to, or endangers the comfort, repose, health, peace or safety of others within the City.
(b) Specific Noises Prohibited. Each of the following acts is hereby declared to be unreasonable and is prohibited, but this enumeration shall not be deemed to be exclusive:
(1) Horns and signal devices. The sounding any horn or signal device on any automobile, motorcycle, bus, street car or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time;
(2) Radios and musical instruments. The playing of any television set, radio, phonograph, cassette player, compact disc player, tape recorder or other electronic sound producing or sound amplifying device, or any combination thereof, whether such device is fixed or portable, or any musical instrument, whether amplified or not, with such volume that is louder than necessary for the convenient hearing of the person or persons who are in the room, building or chamber in which such machine, device or instrument is being operated or played and who are voluntary listeners. The operation of such machine, device or instrument in such a manner as to be plainly audible at a distance of twenty-five feet between the hours of 11:00 p.m. and 7:00 a.m. of the following day, or fifty feet between the hours of 7:00 a.m. and 11:00 p.m., in any area, whether inside or outside of the dwelling, building or vehicle in which it is located, shall be prima-facie evidence of a violation of this section.
(3) Shouting and whistling. Yelling, shouting, hooting, whistling or singing or the making of any loud noise on the public streets between the hours of 11:00 p.m. and 7:00 a.m. of the following day, or the making of any such noise at any time 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 person in the vicinity;
(4) Hawking. The hawking of goods, merchandise or newspapers in a loud and boisterous manner;
(5) Animal and bird noises. The keeping of any animal or bird which, by causing frequent or long continued noise, disturbs the comfort or repose of any person in the neighborhood;
(6) Whistles and sirens. 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 exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle, except through a muffler or other device which effectively prevents loud or explosive noises therefrom;
(8) Construction noises. The erection (including excavating), demolition, alteration or repair of any building, or the excavation of streets and highways other than between the hours of 7:00 a.m. and 6:00 p.m., unless a permit is first obtained from the Department of Public Works;
(9) Handling merchandise. The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers; and
(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.
(11) Motor vehicle sound systems. The operation of or permitting the operation of an electronically amplified sound system in or about a parked or moving motor vehicle, motorcycle or moped so as to produce sound that is plainly audible at a distance of fifty feet from the vehicle between the hours of 7:00 a.m. and 11:00 p.m. or plainly audible at a distance of twenty-five feet from the vehicle between the hours of 11:00 p.m. and 7:00 a.m. of the following day. This paragraph shall not be applicable to any authorized emergency vehicle sounding an audible signal in conformity with applicable law.
(12) Fireworks; explosives. The ignition, discharge, or detonation of any firework explosive or explosive device, firecracker, shell, consumer firework, or other article whereby the device or article undergoes a rapid chemical reaction with the production of noise, heat and/or violent explosion of gases, except as provided in Section 618.20
(b) or in subsection (c)(8) below. “Fireworks” as used in this subsection shall mean how it is defined in the Michigan Fireworks Safety Act, Act 256 of 2011, as amended.
(1975 Code Sec. 9.62; Ord. 13-92. Passed 7-7-92; Ord. 17-98. Passed 11-3-98; Ord. 12-5. Passed 8-21-12.)
(c) Exceptions. None of the provisions of subsections (a) and (b) hereof shall apply to or be enforced against:
(1) Emergency vehicles. Any police or fire vehicle of the City or ambulance while engaged in necessary public emergency business;
(2) Highway maintenance and construction. Necessary excavations or repairs of bridges, streets or highways by or on behalf of the City or the State during the night, when the public safety, welfare and convenience render it impossible to perform such work during the day;
(3) Public addresses. The reasonable use of stationary amplifiers or loud-speakers in the course of public addresses which are noncommercial in character;
(4) Christmas music and chimes by permit. The use of stationary amplifiers or loudspeakers by any person for the transmission of Christmas music and chimes when authorized by a permit issued upon the authority of the City Commission; all permits so issued shall specify the hours and dates upon which the use of any amplifier or loudspeaker is authorized, and the use thereof shall be limited to the times specified in the permit; and
(5) Amplifiers. The use of amplifiers primarily for the transmission of music when a permit has been granted by authority of the City Commission on a finding that such transmission contributes to the amenities of the commercial area in which it originates and is not audible in any residential area.
(1975 Code Sec. 9.63; Ord. 14-92. Passed 7-7-92.)
(6) School events. The use of musical instruments or other sounds associated with an authorized school activity.
(7) Special events. An event open to the general public for which a special event permit was requested and received including a waiver of the distances for prima facie evidence of violation, but only for the time indicated on the special event permit.
(Ord. 17-98. Passed 11-3-98.)
(8) Fireworks; explosives. Except as specifically prohibited in Section 1060.05(b)(1), the ignition, discharge, or detonation of any firework explosive or explosive device, firecracker, shell, consumer firework, or other article whereby the device or article undergoes a rapid chemical reaction with the production of noise, heat and/or violent explosion of gases, including consumer fireworks, which is:
A. Part of an authorized, otherwise legal construction project occurring between the hours of 8:00 a.m. and 7:00 p.m. Monday through Friday; or
B. Part of a fireworks display open to the general public and for which a special events permit and/or other permit required by City ordinance for display fireworks has been obtained; or
C. Consists, or is composed, of consumer fireworks ignited, discharged or used on the limited days and times as permitted in Section 618.20(b).
(d) Radio Interference. No person shall knowingly or wantonly operate or cause to be operated any machine, device, apparatus or instrument of any kind between the hours of 6:00 p.m. and 12:00 midnight, which causes or induces preventable electrical interference with radio reception within the City. However, X-ray apparatus may be used for medical purposes or treatment if the apparatus used is not negligently operated and is properly equipped to eliminate or avoid all unnecessary or reasonably preventable interference with radio reception.
(1975 Code Sec. 9.64) (Ord. 12-5. Passed 8-21-12; Ord. 06-2015. Passed 6-16-15; Ord. 05-2019. Passed 5-7-19.)