§ 31-75 CONTINUOUS NOISE LEVELS AND PROHIBITIONS.

   (a)   Prohibition. Except as otherwise provided in this article, it shall be unlawful for any person to operate, cause or permit to be operated any source of continuous noise within the City which exceeds the maximum permissible sound levels established herein, when measured at or within the real property line of the receiving land use.

   (b)   Maximum permissible sound levels. Maximum permissible sound levels for receiving land uses are hereby established as follows:

 

Land Use	Daytime	Nighttime
Residential area	60 dB(A)	50 dB(A)
Commercial area	65 dB(A)	60 dB(A)
Industrial area	70 dB(A)	65 dB(A)

 

(Ord. 2741, passed 10-22-1979)

§ 31-76 PERPETUAL NOISE LEVELS AND PROHIBITIONS.

   (a)   Prohibition. Except as otherwise provided in this article, it shall be unlawful for any person to operate, cause or permit to be operated any source of perpetual noise within the City which exceeds the maximum permissible sound levels established herein when measured at or within the real property boundary line of the receiving land use.

   (b)   Maximum permissible sound levels. Maximum permissible sound levels for receiving land uses are hereby established as follows:

 

Land Use	Daytime	Nighttime
Residential area	50 dB(A)	45 dB(A)
Commercial area	55 dB(A)	50 dB(A)
Industrial area	60 dB(A)	55 dB(A)

 

(Ord. 2741, passed 10-22-1979)

§ 31-77 EXEMPTIONS.

   The provisions of this article shall not apply to the following:

   (a)   The emission of sound for the purpose of alerting persons to the existence of an emergency.

   (b)   The emission of sound in the performance of emergency work.

   (c)   Warning devices necessary for public safety such as police, fire and ambulance sirens and horns.

   (d)   Motor vehicles and equipment for which noise levels are regulated by Act 73 of the Public Acts of 1978, as amended, and/or the City of Flint Motor Vehicle or Traffic Code.

   (e)   Aircraft and trains.

   (f)   The erection (including excavating), demolition, alteration or repair of any building:

      (1)   Between the hours of 8:00 a.m. and 8:00 p.m. on weekdays; or

      (2)   At any other time if a permit for same has been secured from the Department of Building and Safety Inspection. Such permit may be issued if the Department of Building and Safety Inspection finds the following facts to exist:

         a.   Issuance of the permit is in the interest of public health or safety; or

         b.   The public health and safety will not be impaired; or

         c.   The permit is necessary to avoid substantial loss or inconvenience to an interested party.

   (g)   The operation of domestic tools such as lawn mowers, snowblowers, edgers and the like, when such tools are operated in a manner and frequency that is normal and customary in the community.

(Ord. 2741, passed 10-22-1979)

Statutory reference:

   Noise limitations; prohibitions, see MCLA 257.707c

§ 31-78 PENALTY AND LAW ENFORCEMENT.

   (a)   A person who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not more than$1,500.00 or by imprisonment of not more than ninety (90) days, or by both such fine and imprisonment.

   (b)   A person served with an appearance ticket for a violation of this article may waive his or her rights to an arraignment on such charge and voluntarily enter a plea of guilty thereto and pay a fine of twenty-five dollars ($25.00) at the office of the District Court Clerk, but only if said person has never before been convicted of any violation of this article.

   (c)   A citizen will not be required to sign a complaint for a violation of this ordinance if such complaint can be validly signed by the enforcing officer.

(Ord. 2741, passed 10-22-1979)

§ 31-79 SEVERABILITY.

   If any provision of this article is held to be unconstitutional or otherwise invalid by any Court of competent jurisdiction, the remaining provisions of this ordinance shall not be invalidated.

(Ord. 2741, passed 10-22-1979)

ARTICLE III. BLIGHT VIOLATIONS

§ 31-80 CREATION OF ADMINISTRATIVE HEARINGS BUREAU.

   Pursuant to MCLA § 117.4q, the City of Flint hereby establishes an Administrative Hearings Bureau to adjudicate and impose sanctions for blight violations.

(Ord. 3772, passed 6-28-2010)

§ 31-81 BLIGHT VIOLATION.

   (a)   For purposes of this article, BLIGHT VIOLATION means a violation of the following Flint City Code sections: §§ 30-3, 30-7, 30-8, 30-9, 30-11, 30-12, 30-13, 30-15, 30-30.1, 39-1, 39-5, 39-7, 39-9, 39-10, 39-32, 39-43 and 39-43.1.

   (b)   BLIGHT VIOLATION also means a violation of Flint City Code §§ 11-1 and 24-1 if the violation relates to the condition of the exterior of a building or property maintenance.

(Ord. 3772, passed 6-28-2010)