(A) It shall be unlawful, and it shall be deemed a public nuisance, for any person to unreasonably make, continue or cause to be made or continue any noise that annoys or disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities, or that injures or endangers the health, peace or safety of the public within the township. The following acts, among others, are declared to be unlawful noises in the violation of this section, and are deemed to be public nuisances per se, but this enumeration shall not be deemed to be exclusive, namely:
(1) Radios, phonographs and musical instruments. Operating, playing or permitting the operating or playing of any radio, phonograph, television set, amplified or unamplified musical instrument, drum, loudspeaker, tape recorder or other sound-producing device, in such a manner or with such volume at any time or place so as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital or residence. The operation of any such set, instrument, phonograph, machine or device in such a manner as to be plainly audible on real property or in a dwelling unit other than that from which the noise originates or emanates shall be prima facie evidence of a violation of this section;
(2) Shouting and whistling. Yelling, shouting, hooting, whistling, singing or making any other loud noises on the public streets, sidewalks, bike pathways or other streets or paths located within the township, between the hours of 11:00 p.m. and 7:00 a.m. the following day, or the making of any such noise at any time or place so as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital or residence;
(3) Animals and birds. Owning, possessing or harboring any animal or bird that frequently or for continued duration howls, barks, meows, squawks or makes other sounds at any time or place so as to annoy or disturb the quiet, comfort or repose of a reasonable person of normal sensitivities in any office, dwelling, hotel, hospital or residence;
(4) Construction. Operating or permitting the operation of any tools or equipment used in construction, excavation, demolition, alteration or repair of any building, street or highway, between the hours of 9:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom is plainly audible in any dwelling, hotel, hospital, office or residence, or on any residential property other than the property from which the noise emanates or originates, unless a variance therefor is first obtained from the Township Building Inspector after approval is given by the Township Board; and
(5) Engines. Operating or permitting the operation of any steam engine or internal combustion engine, whether stationary or mobile, so as to annoy or disturb the quiet, comfort or repose of a person of normal sensitivities in any office, dwelling, hotel, hospital or residence. This division shall not prohibit the operation of any mechanically-powered saw, sander, drill, grinder, lawn or garden tool, snowblower or similar device used outdoors in residential areas between the hours of 6:00 a.m. and 10:00 p.m. the same day, nor shall it prohibit the operation of a state-licensed motor vehicle in a manner expressly permitted by state law.
(B) In addition to its normal meaning, the term
PERSON, as used in this section, means a person who causes or makes an unlawful noise; or a person who is in control of the property or premises from which an unlawful noise originates or emanates; or a person who owns the property or premises from which an unlawful noise originates or emanates.
(C) The provisions of this section shall not apply to the emission of sound for the purpose of alerting persons to the existence of emergency work.
(D) The Township Building Inspector may provide, with the authorization of the Township Supervisor, an applicant a variance of this section to permit construction noises during hours otherwise prohibited hereunder, after notice and hearing before the Township Supervisor, upon a showing that compliance with this section would constitute an unreasonable hardship on the applicant, on the community or other persons.
(Res. eff. 3-21-1990; Ord. rev. 9- -1993) Penalty, see § 91.99