(a) Definition. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Loud Noise” means any sound which, due to its volume, duration or character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of a reasonable person of ordinary sensibilities. The term shall be limited to noise heard on the public streets, parking lot open to the public or other public place, any church or hospital or in any occupied building which is not the source of the noise, including the grounds surrounding the building.
(2) “Plainly Audible” means any sound that can be detected by a person using his or her unaided hearing faculties. The enforcing officer need not determine the title of a specific sound, specific words, or the performing artist. The detection of the rhythmic bass component of music is sufficient to constitute a plainly audible sound.
(b) General Prohibition. Unless otherwise permitted by this chapter or the zoning ordinance, no person shall cause, create or continue any loud noise within the Township limits.
(c) Specific Prohibitions. Each of the following acts shall be unlawful and prohibited:
(1) Horns and signal devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other motor vehicle for any purpose other than to avoid an accident or collision or other reason allowed by law.
(2) Radios and musical instruments. The playing, transmitting, amplifying, or other broadcasting of personal or commercial music or sound, in such a manner that: a) it creates a loud noise; or b) it is plainly audible in or within thirty (30) feet of any residence or residential zoning district between the hours of 11:00 p.m. and 7:00 a.m.
(3) Shouting, talking, singing and the like. Yelling, talking, shouting, singing and the like in a manner that: a) constitutes a loud noise; or b) is plainly audible on any occupied residential parcel is located between the hours of 11:00 p.m. and 7:00 a.m.
(4) Animal and bird noises. The keeping of any animal or bird so as to annoy or disturb the quiet, comfort or repose of a reasonable person of ordinary sensibilities because of frequent or long continued noise.
(5) Devices to attract attention. The use of any drum, loudspeaker, amplifier or other instrument or device for the purpose of attracting attention or so as to annoy or disturb the quiet, comfort or repose of a reasonable person of ordinary sensibilities, without first having obtained a permit therefor from the Township Clerk.
(6) Sound trucks. To operate, or cause to be operated, a sound truck with radio or amplifier within the Township.
(7) The erection (including excavation), demolition, alteration or repair of any building or premises, or the excavation of streets and highways, in or within thirty (30) feet of any residence or residential zoning district between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday, or 6:00 p.m. and 9:00 a.m. on either Saturday or Sunday. A person may apply for and obtain a permit from the Superintendent of the Building Department to exceed these hours of operation and the Superintendent may impose conditions on the issuance of the permit and establish the duration of the permit so as to protect the public health, safety and welfare of nearby residential uses. This subsection shall not apply to activities by the Clinton Township Water and Sewer Department, the Department of Public Works, the Macomb County Road Commission or the Michigan Department of Transportation and their agents, contractors and employees.
(8) The mowing of any lawn or use of any noise emitting landscaping equipment between the hours of 9:00 pm and 7:00 am.
(d) Where exceptions are permitted based on the issuance of a permit, the department head charged with issuing the permit shall establish a procedure with objective criteria for issuance of same. If a permit is denied, the aggrieved party may appeal said denial to the Board of Trustees for the Township by submitting an appeal in writing to the Board of Trustees within twenty-eight (28) days of denial of said application for a permit.
(e) None of the prohibitions set forth herein shall apply to or be enforced against any authorized emergency vehicle when responding to an emergency call.
(f) Violations may be issued jointly and severally against all property owners, tenants or any other person who has identified himself or herself as being in charge of the property or noise at the time of the incident.
(g) Violations of this section shall be punishable by:
(1) For a first offense a minimum fine of two hundred dollars ($200.00), as well as any other allowable penalties for a civil infraction under Michigan law;
(2) For a second offense by a minimum fine of three hundred dollars ($300.00);
(3) For a third offense or by a minimum fine of four hundred dollars ($400.00); and
(4) In addition to the fines listed herein, any additional penalties as permitted under Michigan law for a civil infraction including without limitation equitable remedies that may be available pursuant to M.C.L.A. 600.8302(4) or M.C.L.A. 600.8701 et. seq. and the award of legal fees and costs incurred by the Township in enforcing this section.
(Ord. 184. Passed 8-31-64; Ord. 363. Passed 6-5-06; Ord. 485. Passed 6-26-23)