SPRINGFIELD TOWNSHIP Ordinance No. 091019 of 2019
An Ordinance pursuant to Act 246 of the Public Acts of 1945, as amended, to prohibit any loud noise or sound that endangers or injures the public health, safety, and welfare of the residents and visitors to Springfield Township and to provide penalties for violations of the Ordinance.
THE TOWNSHIP OF SPRINGFIELD ORDAINS:
Section 1. Title. This Ordinance shall be known as the Springfield Township Noise Ordinance.
Section 2. Purpose. The Springfield Township Board hereby finds that noise because of its volume, frequency, or shrillness can unreasonably annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of residents and visitors of the Township. Therefore, the purposes of this Ordinance are to protect and promote the public health, safety, and welfare of the residents and visitors of the Township by prohibit any loud noise or sound that disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities.
Section 3. Definitions. As used in this Ordinance, “Boat” means every description of watercraft used or capable of being used as a means of transportation on water, including personal watercraft and non-motorized boats such as a canoes, rowboats, and rafts. Boat, however, does not include an air mattress, paddle board, paddle boat, boogie board, or similar device used by one (1) or two (2) persons for floating or paddling. "Motor vehicle" means any wheeled vehicle in, upon, or by which any person or property is or may be transported or drawn upon a highway and which is designed to be self-propelled. “Person” means an individual, firm, corporation, association, partnership, limited liability company, or other legal entity.
Section 4. Prohibited Activities. No person shall cause or create and no person shall knowingly allow another person to cause or create on property that is owned or legally occupied by that person any loud noise or sound that annoys, disturbs, injures or endangers the comfort, repose, health, 2 peace or safety of any reasonable person of normal sensitivities, including but not limited to: (a). Playing or using a radio, phonograph, compact disc player, tape player, television, musical instrument, sound amplifier, or other electronic or mechanical sound-producing device in such a manner or with such volume that it unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities. (b). Yelling, shouting, hooting, singing, or sounding or using any horn, siren, whistle or bell, or making other noise that because of its volume, frequency, or shrillness unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities or unreasonably annoys or disturbs the well being of any animal. (c). Sounding or using any horn, siren, whistle, bell or other warning device on a boat or motor vehicle in a manner that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities, unless the sounding or use of such horn, siren, whistle, bell or other warning device and the manner of such sounding or use is authorized by the state motor vehicle code or other state law. (d). Revving up the engine of a motor vehicle in such a manner or with such volume or frequency or at such time of the day that it unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities.
Section 5. Exempt Activities. Section 4 shall not apply to any loud noise or sound generated in connection with parades, musical productions or events authorized by Springfield Township, the local school district, or a civic or community organization and shall not apply to loud noise or sound, including the operation of amplified sound systems, generated by the Springfield Township fire department or any police or fire official when used to disseminate official information or to provide official warnings.
Section 6. Violations and Penalties. (a). Any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to the following fines: (1). For a first offense, the offender shall pay a fine of One Hundred and 00/100 ($100.00) Dollars. 3 (2). For a second offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of Two Hundred Fifty and 00/100 ($250.00) Dollars. (3). For a third or subsequent offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of Five Hundred and 00/100 ($500.00) Dollars. (b). Each day this Ordinance is violated shall be considered a separate violation.
Section 7. Enforcement Officials. The Township Supervisor, Zoning Administrator, and deputies of the Kalkaska County Sheriff are hereby designated as the authorized officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.
Section 8. Nuisance Per Se. A violation of this Ordinance is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.
Section 9. Separate Court Action. In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding or a criminal prosecution, the Township may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance. Section 10. Validity. If any section, provision or clause of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance, which can be given effect without the invalid portion or application. Section 11. Effective Date. This Ordinance shall become effective thirty (30) days after being published in a newspaper of general circulation within the Township. 4 Ordinance No. 091019 was adopted on the 10th day of September, 2019, by the Springfield Township Board as follows: Motion by: Jeremy Birgy Seconded by: Bonnie Gonyer Yeas: Tom Gonyer, Bonnie Gonyer, Carl Ingersoll, Jeremy Birgy, Sandi Parker Nays: none Absent: none Sandra Parker, Clerk Thomas Gonyer, Supervisor.
I certify that this is a true copy of Ordinance No. 091019 that was adopted at a regular meeting of the Springfield Township Board on September 10 , 2019 and published in the Kalkaska Review on September 19, 2019. Dated: September 10, 2019 Sandra Parker, Clerk
An Ordinance pursuant to Act 246 of the Public Acts of 1945, as amended, to prohibit any loud noise or sound that endangers or injures the public health, safety, and welfare of the residents and visitors to Springfield Township and to provide penalties for violations of the Ordinance.
THE TOWNSHIP OF SPRINGFIELD ORDAINS:
Section 1. Title. This Ordinance shall be known as the Springfield Township Noise Ordinance.
Section 2. Purpose. The Springfield Township Board hereby finds that noise because of its volume, frequency, or shrillness can unreasonably annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of residents and visitors of the Township. Therefore, the purposes of this Ordinance are to protect and promote the public health, safety, and welfare of the residents and visitors of the Township by prohibit any loud noise or sound that disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities.
Section 3. Definitions. As used in this Ordinance, “Boat” means every description of watercraft used or capable of being used as a means of transportation on water, including personal watercraft and non-motorized boats such as a canoes, rowboats, and rafts. Boat, however, does not include an air mattress, paddle board, paddle boat, boogie board, or similar device used by one (1) or two (2) persons for floating or paddling. "Motor vehicle" means any wheeled vehicle in, upon, or by which any person or property is or may be transported or drawn upon a highway and which is designed to be self-propelled. “Person” means an individual, firm, corporation, association, partnership, limited liability company, or other legal entity.
Section 4. Prohibited Activities. No person shall cause or create and no person shall knowingly allow another person to cause or create on property that is owned or legally occupied by that person any loud noise or sound that annoys, disturbs, injures or endangers the comfort, repose, health, 2 peace or safety of any reasonable person of normal sensitivities, including but not limited to: (a). Playing or using a radio, phonograph, compact disc player, tape player, television, musical instrument, sound amplifier, or other electronic or mechanical sound-producing device in such a manner or with such volume that it unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities. (b). Yelling, shouting, hooting, singing, or sounding or using any horn, siren, whistle or bell, or making other noise that because of its volume, frequency, or shrillness unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities or unreasonably annoys or disturbs the well being of any animal. (c). Sounding or using any horn, siren, whistle, bell or other warning device on a boat or motor vehicle in a manner that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities, unless the sounding or use of such horn, siren, whistle, bell or other warning device and the manner of such sounding or use is authorized by the state motor vehicle code or other state law. (d). Revving up the engine of a motor vehicle in such a manner or with such volume or frequency or at such time of the day that it unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivities.
Section 5. Exempt Activities. Section 4 shall not apply to any loud noise or sound generated in connection with parades, musical productions or events authorized by Springfield Township, the local school district, or a civic or community organization and shall not apply to loud noise or sound, including the operation of amplified sound systems, generated by the Springfield Township fire department or any police or fire official when used to disseminate official information or to provide official warnings.
Section 6. Violations and Penalties. (a). Any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to the following fines: (1). For a first offense, the offender shall pay a fine of One Hundred and 00/100 ($100.00) Dollars. 3 (2). For a second offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of Two Hundred Fifty and 00/100 ($250.00) Dollars. (3). For a third or subsequent offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of Five Hundred and 00/100 ($500.00) Dollars. (b). Each day this Ordinance is violated shall be considered a separate violation.
Section 7. Enforcement Officials. The Township Supervisor, Zoning Administrator, and deputies of the Kalkaska County Sheriff are hereby designated as the authorized officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.
Section 8. Nuisance Per Se. A violation of this Ordinance is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.
Section 9. Separate Court Action. In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding or a criminal prosecution, the Township may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance. Section 10. Validity. If any section, provision or clause of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance, which can be given effect without the invalid portion or application. Section 11. Effective Date. This Ordinance shall become effective thirty (30) days after being published in a newspaper of general circulation within the Township. 4 Ordinance No. 091019 was adopted on the 10th day of September, 2019, by the Springfield Township Board as follows: Motion by: Jeremy Birgy Seconded by: Bonnie Gonyer Yeas: Tom Gonyer, Bonnie Gonyer, Carl Ingersoll, Jeremy Birgy, Sandi Parker Nays: none Absent: none Sandra Parker, Clerk Thomas Gonyer, Supervisor.
I certify that this is a true copy of Ordinance No. 091019 that was adopted at a regular meeting of the Springfield Township Board on September 10 , 2019 and published in the Kalkaska Review on September 19, 2019. Dated: September 10, 2019 Sandra Parker, Clerk