Ordinance No. #011203: Noise Ordinance
Section 1.0: Title
This ordinance shall be known and cited as the Genoa Township Anti-Noise and Public Nuisance Ordinance.
Section 2.0: Definitions
Decibel is a unit used to express the magnitude of sound pressure and sound intensity. The difference in decibels between two sound pressures is twenty (20) times the common logarithm of their ratio. In sound press measurements, the sound pressure level of a given sound is defined to be 20 times the common logarithm of the ratio of that sound pressure to a reference pressure of 2 x 10-5N/m2 (Newtons per meter squared). As an example of the effect of this formula, a 3 decibel change in the sound pressure level corresponds to a doubling or halving of the sound intensity, and a 10 decibel change corresponds to a 10-fold increase or decrease to 1/10th the former intensity.
dB(A) means the sound pressure level in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication ANSI s1.4-1971.
Section 3.0: Anti-Noise Regulations
No person, firm or corporation or other legal entity shall cause or create any unreasonable or unnecessarily loud noise or disturbance, injurious to health, peace, or quiet of the residents and property owners of the Township.
Specific violations the following noises and disturbances are hereby declared to be a violation of this ordinance; provided however, that the specification of the same is not thereby to be construed to exclude other violations of this ordinance not specifically enumerated:
The playing of any radio, phonograph, television, or other electronic or mechanical sound-producing device, including any musical instrument in such a manner or with such volume as to unreasonably upset or disturb the quiet, comfort or repose of other persons.
Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 10:00 p.m. and 7:00 a.m., or at any time or place as to be unreasonably upset or disturb the quiet, comfort or repose of any persons in the vicinity.
The emission or creation of any excessive noise which unreasonably interferes with the operation of any school, church or hospital.
The keeping of any animal, bird or fowl, which emanates frequent or extended noise which shall unreasonably disturb the quiet, comfort or repose of any person in the vicinity; such as allowing or permitting any dog to bark repeatedly in an area where such barking can be clearly heard from nearby residential property.
The construction, excavation, demolition, alteration or repair of any building or premises in any part of the Township, and including the streets and highways, in such a manner as to create noise or disturbance unreasonably annoying to other persons, other than between the hours of 7:00am and 8:00pm on any day, except in cases of urgent necessity in the interest of public health and safety. In such case, a permit shall be obtained from the Township Manager of the Township, which permit shall limit the periods that the activity may continue.
The creation of a loud or excessive noise unreasonably disturbing to other person in the vicinity in connection with the operation, loading or unloading of any vehicle, trailer, or other carrier or in connection with the repairing of any such vehicle in or near residential areas.
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any performance, show, sale, display or other commercial purpose which, by the creation of such noise, shall be unreasonably disturbing to other person in the vicinity.
The operation of any loudspeaker or other sound amplifying device upon any vehicle on the streets of the Township with the purpose of advertising, where such vehicle, speaker or sound amplifying device emits loud and raucous noises easily heard from nearby adjoining residential property.
The operation of any machinery, equipment or mechanical device so as to emit unreasonably loud noise which is disturbing to the quiet, comfort or repose of any person.
Section 4.0: Decibel Level Prohibitions
No person shall conduct or permit any activity, including those specific prohibitions listing in section 3 that produces an OBA at or beyond the property line of the property on which it is conducted which exceeds the levels specified in Table I. Such noise levels shall be measured on the property line or on the adjacent property, which is receiving the noise. Where property is used for both residential and commercial purposes, the limitations set forth below for commercial property shall apply.
Table I - Use of Property Producing Sound Use of Property Receiving Sound
Residential to Residential - (75 db from 7:00am to 10:00pm and 50 db from 10:00pm to 7:00am.)
Commercial to Residential - (80 db from 7:00am to 10:00pm and 50 db from 10:00pm to 7:00am.)
Residential to Commercial - (80 db from 7:00am to 10:00pm and 50 db from 10:00pm to 7:00am.)
Section 5.0: Conflicts
All other ordinances and parts of ordinances in conflict with this Ordinance, to the extent of such conflict and no further, are hereby repealed.
Section 6.0: Severability
This ordinance and the various articles, sections, paragraphs and clauses thereof, are hereby declared to be severable, if any article, section, paragraph or clause is adjudged unconstitutional or invalid, the remainder of the ordinance shall not be affected thereby.
Section 7.0: Penalties
Any person, firm or corporation found violating the provisions of this ordinance shall, upon conviction, be punished by a fine of not to exceed $500.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment, at the discretion of the court. Each day that a violation shall continue is to constitute a separate offense. Provisions of this ordinance may also be enforced by suit for injunction, damages or other appropriate legal action.
Section 8.0: Effective Date
This ordinance shall be effective thirty days after its publication pursuant to law.
Paulette A. Skolarus
Genoa Township Clerk