(a) Definitions. As used in this section:
COMMERCIAL AREA. A parcel of land zoned for or legally used for commercial purposes. A parcel of land which is zoned B-1, B-2, B-3 or OS-1, or which is legally being devoted to a use which is a principal permitted use in such zoning district, is presumed to be such an area.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition.
CONTINUOUS NOISE. Any noise whose level varies less than five dB(A) during a period of at least five minutes.
DAYTIME. Unless otherwise specifically noted, means the hours from 7:00 a.m. to 10:00 p.m.
dB(A). Decibels on the A-weighted network of a sound-level meter as specified in American National Standards Institute (ANSI) Standards 5-1.4, 1971.
DEMOLITION. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
IMPULSIVE NOISE. A short burst of sound not exceeding ten seconds in duration.
INDUSTRIAL AREA. A parcel of land zoned for or used for industrial purposes. A parcel of land which is zoned I-1 or I-2 or is legally being devoted to a use which is a principal permitted use in such zoning district is presumed to be such an area.
INTERMITTENT NOISE. Any noise whose level remains constant and which goes on and off during a course of measurement of at least ten seconds, or goes on and off during a period of at least five minutes, but which exceeds ten seconds in duration each time that it is on.
NIGHTTIME. Unless otherwise specifically noted, means the hours from 10:00 p.m. to 7:00 a.m.
NOISE. Any sound occurring on either a perpetual, continuous, intermittent or impulsive basis. It also means the intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies.
NOISE DISTURBANCE. Any noise which:
A. Endangers or injures the safety or health of humans or animals;
B. Annoys or disturbs a reasonable person of normal sensibilities; or
C. Endangers or injures personal or real property.
PERPETUAL NOISE. Any noise whose level varies less than three dB(A) during a period of at least 30 minutes.
PERSON. Any individual, association, partnership or corporation.
REAL PROPERTY BOUNDARY. An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
RECEIVING LAND USE. The use (commercial, industrial or residential) of the land on or at which a noise is received.
RESIDENTIAL AREA. A parcel of land zoned for or legally used for residential purposes. A parcel of land which is zoned R-1, R-2, R-3, R-T, LDMS or HDMS, or which is legally being devoted to a use which is a principal permitted use in such zoning district, is presumed to be such an area.
WEEKDAY. Any day, Monday through Friday, which is not a legal holiday.
(b) Prohibited acts. It shall be unlawful for any person to unreasonably make, continue or cause to made or continued any noise disturbance as follows. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-sway shall be exempt from the provisions of this section:
(1) Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound:
A. In such a manner as to create a noise disturbance across a real property boundary;
B. In such a manner as to create a noise disturbance at 50 feet from such device, when operated in or on a motor vehicle on a public right of way or public space or in a boat on public waters; or
C. In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.
(2) Loudspeakers; public address systems.
A. Using or operating, for any noncommercial purpose, any loudspeaker, public address system or similar device during the nighttime so that the sound therefrom creates a noise disturbance across a residential real property boundary.
B. Using or operating, for any commercial purpose, any loudspeaker, public address system or similar device so that:
1. The sound therefrom creates a noise disturbance across a real property boundary; or
2. During the nighttime or on a public right-of-way or public space.
(3) Street sales. Offering for sale or selling anything by shouting or outcry within a residential or commercial area of the city, except with a permit or license issued pursuant to any other provision of these codified ordinances;
(4) Animals and birds. Owning, possessing or harboring any animal or bird which frequently or for continued durations, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential real property boundary;
(5) Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects during the nighttime in such a manner as to cause a noise disturbance across a residential real property boundary;
(6) Vehicle or motorboat repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle, motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary;
(7) Places of public entertainment. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment at a sound level greater that 100 dB(A) as read by the slow response of a sound-level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign is located outside such place near each public entrance, stating “Warning: Sound Levels Within May Cause Permanent Hearing Impairment”;
(8) Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or in a public space or right-of-way;
(9) Motorboats. Operating or permitting the operation of any motorboat on any lake, river, stream or other waterway in such a manner as to exceed a sound level of 85 dB(A) measured from a distance of 50 feet or from the nearest shoreline, whichever distance is less; and
(10) Domestic power tools. Operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas during the nighttime so as to cause a noise disturbance across a residential real property boundary, except in an emergency.
(c) Impulsive noise levels; prohibitions.
(1) Except as otherwise provided in this section, it shall be unlawful for any person to operate or cause or permit to be operated any source of impulsive noise within the city which exceeds the maximum permissible sound levels established in this division (c), when measured at or within the real property boundary line of the receiving land use.
(2) Maximum permissible sound levels for receiving land uses are hereby established as follows:
Daytime | Nightime | |
Residential area | 80dB(A) | 70dB(A) |
Commercial area | 90dB(A) | 80dB(A) |
Industrial area | 100dB(A) | 90dB(A) |
(d) Intermittent noise levels; prohibitions.
(1) Except as otherwise provided in this section, it shall be unlawful for any person to operate or cause or permit to be operated any source of intermittent noise within the city which exceeds the maximum permissible sound levels established in this division (d), when measured at or within the real property boundary line of the receiving land use.
(2) Maximum permissible sound levels for receiving land uses are hereby established as follows:
Daytime | Nightime | |
Residential area | 70dB(A) | 60dB(A) |
Commercial area | 75dB(A) | 65dB(A) |
Industrial area | 80dB(A) | 15dB(A) |
(e) Continuous noise levels; prohibitions.
(1) Except as otherwise provided in this section, it shall be unlawful for any person to operate or cause or permit to be operated any source of continuous noise within the city which exceeds the maximum permissible sound levels established in this division (e), when measured at or within the real property line of the receiving land use.
(2) Maximum permissible sound levels for receiving land uses are hereby established as follows:
Daytime | Nightime | |
Residential area | 60dB(A) | 50dB(A) |
Commercial area | 65dB(A) | 60dB(A) |
Industrial area | 70dB(A) | 65dB(A) |
(f) Perpetual noise levels; prohibitions.
(1) Except as otherwise provided in this section, it shall be unlawful for any person to operate or cause or permit to be operated any source of perpetual noise within the city which exceeds the maximum permissible sound levels established in this division (f), when measured at or within the real property boundary line of the receiving land use.
(2) Maximum permissible sound levels for receiving land uses are hereby established as follows:
Daytime | Nightime | |
Residential area | 50dB(A) | 45dB(A) |
Commercial area | 55dB(A) | 50dB(A) |
Industrial area | 60dB(A) | 55dB(A) |
(g) Exemptions. The provisions of divisions (c) through (f) above shall not apply to the following:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency;
(2) The emission of sound in the performance of emergency work;
(3) Warning devices necessary for public safety, such as police, fire and ambulance sirens and horns;
(4) Motor vehicles and equipment for which noise levels are regulated by Public Act 300 of 1949, being M.C.L.A. § 257.707c, as amended, and/or the traffic code of the city;
(5) Aircraft and trains;
(6) The erection (including excavating), demolition, alteration or repair of any building as follows:
A. Between the hours of 8:00 a.m. and 8:00 p.m. on weekdays; or
B. At any other time if a permit for the same has been secured from the Building Department and if the Department finds the following facts to exist:
1. Issuance of the permit is in the interest of public health or safety;
2. The public health and safety will not be impaired; or
3. The permit is necessary to avoid substantial loss or inconvenience to an interested party.
(7) 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.
(h) Complaints. A citizen will not be required to sign a complaint pertaining to a violation of this section if such complaint can be validly signed by the enforcing officer.
ILLUSTRATIVE GUIDELINES (DIVISIONS (c) THROUGH (f) ABOVE)
Receiving Land Use |
Impulsive Noise
|
Intermittent Noise
|
Continuous Noise
|
Perpetual Noise
| ||||
(0 to 10 seconds) | (10 seconds to 5 minutes) | (5 minutes to 30 minutes) | (over 30 minutes) | |||||
Day | Night | Day | Night | Day | Night | Day | Night | |
Residential | 80 | 70 | 70 | 60 | 50 | 50 | 45 | |
Commercial | 90 | 80 | 75 | 65 | 65 | 60 | 55 | 50 |
Industrial | 100 | 90 | 85 | 75 | 70 | 65 | 60 | 55 |
Act 300 of 1949, being M.C.L.A. § 257.707c, referred to in division (g)(4) above, establishes the following levels for motor vehicles:
Vehicle Size | |||
Speed Limit | 8,500 Lbs. Or More | Motorcycles or Mopeds | All Other |
35 mph or less | 86dB(A) | 82dB(A) | 76dB(A) |
More than 35 mph | 90dB(A) | 86dB(A) | 82dB(A) |
Noise Around Our Homes | |
Noise Source | Sound Level for Operator (in dB(A)) |
Noise Around Our Homes | |
Noise Source | Sound Level for Operator (in dB(A)) |
Refrigerator | 40 |
Floor fan | 35 to 70 |
Clothes dryer | 55 |
Washing machine | 47 to 78 |
Dishwasher | 54 to 85 |
Hair dryer | 59 to 80 |
Vacuum cleaner | 62 to 85 |
Sewing machine | 64 to 74 |
Electric shaver | 75 |
Food disposal (grinder) | 67 to 93 |
Electric lawn edger | |
Home shop tools | |
Gasoline power mower | |
Gasoline riding mower | |
Chain saw | |
Stereo | |
Intensity Levels and Human Speech-Hearing | |
dB | |
Faint speech at three foot distance | |
Whisper (average) | |
Very quiet speech (faint) | |
Threshold of hearing (young adult) | |
(Ord. 228, passed 11-10-1993)