§ 96.04. SPECIFIC PROHIBITIONS.

In addition to the general prohibition, and unless otherwise exempted by this chapter, the following specific acts, or the causing or permitting thereof, are declared to be loud, disturbing, injurious, and unnecessary noise disturbances in violation of this chapter; but this enumeration shall not be deemed to be exclusive:

(A) Audio equipment, musical instrument or similar device. Operating, playing, or permitting the playing of any radio, televisions, electronic audio equipment, musical instrument or similar device in a residential area such that a noise disturbance is created across a real property boundary in a residential zoning district between the hours of 11:00 p.m. and 7:00 a.m.

(B) Loudspeakers. Operating, or permitting the operation of, any loudspeaker, public address system, or similar device for any commercial purpose, on any public road or in any public space between the hours of 11:00 p.m. and 7:00 a.m.

(C) Yelling, shouting, hooting, whistling or singing. Yelling, shouting, hooting, whistling or singing on the public streets shall be prohibited between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place as to cause a noise disturbance.

(D) Explosives, firearms, and similar devices. The use or firing of explosives, firearms, firecrackers and other fireworks, or similar devices, which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, except as specifically authorized by law. Fireworks may not be discharged in a manner that may create a nuisance nor in violation of § 91.03 of this code.

(E) School, church or hospital. Emitting or creating any excessive noise that unreasonably interferes with the operation of any school, church or hospital.

(F) Animals. Owning, possessing, or harboring a dog, bird or other animal, that howls, barks, meows, squawks, or makes any sound to cause an annoyance, alarm, or noise disturbance to an ordinary reasonable person of normal sensitivities across a residential or commercial boundary line or within a noise-sensitive area. For the purpose of this section, a BARKING DOG shall mean a dog that barks, bays, cries, howls or makes any other noise incessantly for a period of 15 minutes in any one-hour interval, or barks continuously for one-half hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. However, a dog shall not be deemed a BARKING DOG in violation of this section if, at the time the dog is barking making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated. A person shall be deemed to be HARBORING an animal when that person has a property right in or has it in his or her care, custody or control or permits the animal to remain on or about the premises he or she occupies.

(G) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises. The provisions of this section shall not apply to motor vehicles operated on a highway or public street and subject to the noise regulations of §§ 707a - 707e of the Michigan Motor Vehicle Code (M.C.L.A. §§ 257.707a - 257.707e) or comparable provisions of the Uniform Traffic Code; and in such case, violations shall be enforced under the procedures set forth in such codes for civil infractions.

(H) Defect in vehicle or load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise or so as to disturb the peace and quiet of streets or other public places.

(I) Loading, unloading, opening boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers.

(J) Construction or repairing of buildings, streets or utilities. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be granted for a period not to exceed three days while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building official should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building within the hours of 7:00 p.m. and 7:00 a.m., and if the official shall further determine that substantial loss or inconvenience would result to any party in interest, he or she may grant permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work. The construction, alteration or repair of public streets or utilities shall not be conducted other than between the hours of 7:00 a.m. and 7:00 p.m. unless the Director of Public Works or a bona fide public utilities service employee determines that an emergency exists which requires such work, or determines that the public health and welfare will not be adversely affected by such work.

(K) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

(L) Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

(M) Operating any machinery, equipment or mechanical device so as to create a noise disturbance; this prohibition does not include domestic power tools as provided below.

(Ord. 113, passed 8-13-2012; Ord. 119, passed 6-24-2013)