| G |
O |
O |
D |
S |
P |
E |
E |
D |
U |
P |
D |
A |
T |
E |
. |
C |
O |
M |
Goodspeed
Update home
City of Ann Arbor Noise Ordinance
See last article for punishment: "...
an activity which violates this article shall be punishable by a fine
of $50.00 to $500.00 plus costs."
CODE City of ANN ARBOR, MICHIGAN
Codified through Ord. No. 2-03, enacted Feb. 18, 2003. (Supplement No.
16) Chapter 119 NOISE CONTROL
Chapter 119 NOISE CONTROL
ARTICLE I. NON-VEHICULAR NOISE
9:360.
Applicability.
The provisions of Article I apply to all sources of sound except: 1)
motor vehicles (as defined in the State Motor Vehicle Code, 1949 P.A.
300 (MCLA 257.1 et seq.) in operation on a public right of way; 2)
aircraft in flight or in operation at an airport; 3) railroad equipment
in operation on railroad rights of way.
9:361.
Definitions.
As used in this Article:
(1) "dB(A)" means the
intensity of a sound expressed in decibels read from a calibrated sound
level meter utilizing the A-level weighting scale and the fast meter
response, as specified in American National Standards Institute standard
S 1.4-1971.
(2) "Commercial" means a use
of the property for purposes other than residential.
(3) "Property line" means
the imaginary line which represents the legal limits of property
(including an apartment, condominium, room, or other dwelling unit)
owned, leased, or otherwise occupied by a person, business, corporation
or institution. In cases involving sound from an activity on a public
street or other public right of way, the "property line" shall be the
nearest boundary of the public right-of-way.
(4) "Residential" means a
legal use of property for temporary or permanent dwelling purposes.
9:362. General
prohibition.
It shall be unlawful for any person to create, assist in creating,
permit, continue or permit the continuance of any unreasonably loud,
disturbing, unusual or unnecessary noise which annoys, disturbs,
injures, or endangers the comfort, repose, health, peace or safety of
others within the limits of the City of Ann Arbor.
9:363.
Specific prohibitions
The following activities are prohibited if they produce clearly audible
sound beyond the property line of the property on which they are
conducted:
(1) The operation, between 10:00 p.m. and 7:00
a.m., of power tools or equipment.
(2) The operation, between 10:00 p.m. and 7:00
a.m., of any device for killing, trapping, attracting, or repelling
insects or other pests.
(3) The sounding, between 10:00 p.m. and 7:00
a.m., of any bell, chime, siren, whistle or similar device, except:
(a) To alert persons to the
existence of an emergency, danger or attempted crime; or
(b) As provided in section
9:365(5).
(4) The operation or playing between 10:00 p.m.
and 7:00 a.m. of any radio, television, phonograph, drum or musical
instrument.
(5) Construction, repair, remodeling,
demolition, drilling or excavation work at any time on Sunday and
between 8:00 p.m. and 7:00 a.m. Monday - Saturday, except as permitted
by section 9:365(2).
(6) The operation or use between 10:00 p.m. and
7:00 a.m. of any loudspeaker, sound amplifier, public address system or
similar device used to amplify sounds.
(7) The creation of a loud, unnecessary noise
in connection with the loading or unloading of any vehicle or the
opening and closing or destruction of bales, boxes, crates, or other
containers.
(8) The use of any drums, loud-speakers,
musical devices or other instruments or devices for the purpose of
attracting attention by the creation of noise to any performance, show
or sale or display of merchandise.
The prohibitions of this section apply even if the sound level produced
by a prohibited activity does not exceed the applicable level specified
in section 9:364.
9:364. Maximum permissible sound
levels.
No person shall conduct or permit any activity that produces a dB(A)
beyond his property line exceeding the levels specified in Table I.
Where property is used for both residential and commercial purposes, the
residential sound levels shall be used only for measurements made on
the portion of the property used solely for residential purposes.
TABLE I
USE OF PROPERTY
RECEIVING THE SOUND |
7:00 a.m. to
10:00 p.m. |
10:00 p.m. to
7:00 a.m. |
|
|
|
| Residential |
61 |
55 |
| Commercial |
71 |
61 |
9:365.
Limited exemptions.
The following limited activities are exempted from the sound level
limitations of section 9:364:
(1) Operation, between 7:00 a.m. and 10:00
p.m., of power equipment that does not produce a sound level exceeding
90 dB(A) beyond the property line of the property on which the equipment
is operated.
(2) Construction, repair, remodeling,
demolition, drilling, wood cutting or excavation work conducted between
7:00 a.m. and 8:00 p.m. Mondays through Saturdays, except legal
holidays, which does not produce a sound level exceeding 105 dB(A)
beyond the property line of the property on which the work is being
conducted. Also, a person may engage in such activities at his residence
between 9:00 a.m. and 6:00 p.m. on Sundays.
(3) Operation or use, for any noncommercial
purpose, of any loud-speaker, sound amplifier, public address system, or
similar device to amplify spoken words between 7:00 a.m. and 10:00 p.m.
This exemption applies to the use or operation of mechanical
loud-speakers on or from motor vehicles only if a specific permit for
the activity has been granted by the city council. The city council
shall cause such a permit to issue when it finds the following:
(a) The applicant has a
noncommercial message that cannot be effectively communicated to the
public by the other means of communication available.
(b) The applicant will limit
the use of the loud-speakers to times, locations and sound levels which
will not unreasonably disturb the public peace.
(c) The applicant will not
use the equipment in residential areas between 10:00 p.m. and 7:00 a.m.
(4) The operation between 7:00 a.m. and 10:00
p.m. of any device for killing, trapping, attracting, or repelling
insects or other pests which does not produce a sound level exceeding 83
dB(A) beyond the property line of the property on which the device is
operated.
(5) The use for noncommercial purposes of one
or more bells or chimes which does not exceed 90 seconds in duration in
an hour.
(6) Carillon playing between 7:00 a.m. and
10:00 p.m.
(7) Playing or practicing with a single musical
instrument between 7:00 a.m. and 10:00 p.m. without electric
amplification for not more than one hour a day that does not produce a
sound level in excess of 67 dB(A) beyond the property line of the
property on which the instrument is used.
9:366.
General exemptions.
(1) The following activities are exempted from
the sound level limitations of section 9:364:
(a) Emergency work necessary
to restore property to a safe condition following a fire, accident or
natural disaster. To restore public utilities, or to protect persons or
property from an imminent danger.
(b) Sound made to alert
persons to the existence of an emergency, danger, or attempted crime.
(c) Activities or operations
of governmental units or agencies.
(d) Parades, concerts,
festivals, fairs or similar activities subject to any sound limits in
the approval by the city.
(e) Athletic, musical, or
cultural activities or events (including practices and rehearsals)
conducted by or under the auspices of public or private schools, as
defined in section 5:8(27) and (31) of Chapter 55, and public or private
colleges or universities.
(2) The following activities are exempted from
the requirements of section 9:363:
(a) Regular activities or
operations of governmental units or agencies provided the activity is
approved in advance and in writing by both the department head or agency
director and the Administrator.
(b) Emergency work necessary
to restore property to a safe condition following a fire, accident or
natural disaster or to restore public utilities, or to protect persons
or property from an imminent danger.
(c) Devices or activity
creating sound made to alert persons to the existence of an emergency,
danger, or attempted crime.
(d) Equipment and activities
creating sound from the collection of solid waste, as defined in Chapter
26, within the Downtown District, as defined in Chapter 7, after 6:00
a.m. and before 10:00 p.m.
(Ord. No. 46-99, § 1, 11-15-99)
9:367.
Temporary exemptions.
(1) The city administrator is authorized to
grant a temporary exemption from the maximum permissible sound levels
established by this article if such temporary exemption would be in the
public interest and there is no feasible and prudent alternative to the
activity, or the method of conducting the activity, for which the
temporary exemption is sought.
(2) The following factors shall be considered
by the administrator in determining whether to grant a temporary
exemption:
(a) The balance of the
hardship to the applicant, the community and other persons in not
granting the variance against the adverse impact on the health, safety
and welfare of persons adversely affected and any other adverse effects
of the granting of the variance.
(b) The nearness of any
residence or residences, or any other use which would be adversely
affected by sound in excess of the limits prescribed by this article.
(c) The level of the sound
to be generated by the event or activity.
(d) Whether the type of
sound to be produced by the event or activity is usual or unusual for
the location or area for which the variance is requested.
(e) The density of
population of the area in which the event or activity is to take place.
(f) The time of day or night
which the activity or event will take place.
(g) The nature of the sound
to be produced, including but not limited to, whether the sound will be
steady, intermittent, impulsive, or repetitive.
(3) A temporary exemption must be in writing
and signed by the administrator or his appointed representative and must
set forth the name of the party granted the exemption, the location of
the property for which it is authorized, the date(s) and time(s) for
which it is effective and the dB(A) level(s) authorized.
(4) A temporary exemption may be granted only
for the period of time that is reasonably necessary to conduct the
activity, which in no case may exceed 30 days.
9:368.
Variances.
Persons wishing to continue activities which commenced prior to this
article and which create noise in excess of the permitted levels may
seek a variance from the building board of appeals. Such a variance may
be granted if the board finds that strict application of this chapter
would cause a hardship and that there is no reasonable and prudent
alternative method of engaging in the activity.
9:369.
Liability of owner, lessee, or occupant.
If the person responsible for an activity which
violates this article cannot be determined, the owner, lessee or
occupant of the property on which the activity is located shall be
deemed responsible for the violation. A person found responsible under
this section shall be guilty of a civil infraction punishable by a fine
of $50.00 to $500.00 plus costs. For a second offense within a 2-year
period, the fine shall be $100.00 to $500.00 plus costs. For third and
subsequent offenses within a 2-year period, the fine shall be $200.00 to
$500.00 plus costs.
(Ord. No. 56-88, § 1, 12-5-88; Ord. No. 61-91,
§ 1, 10-21-91)
9:370.
Penalty.
Except as provided in section 9:369, an activity which violates this
article shall be punishable by a fine of $50.00 to $500.00 plus costs.
For a second offense within a 2-year period, the fine shall be $100.00
to $500.00 plus costs. For third and subsequent offenses within a 2-year
period, the penalty shall be $200.00 to $500.00 plus costs and/or, in
the discretion of the court, up to 240 hours community service.
(Ord. No. 56-88, § 2, 12-5-88; Ord. No. 61-91,
§ 2, 10-21-91)
9:371--9:374.
Reserved.