Anti-Noise and Public Nuisance Ord
Anti-Noise and Public Nuisance Ord
Anti-Noise and Public Nuisance Ord
690720
AMENDED
SECTION 1. Title
This ordinance shall be known and cited as the New Buffalo Township Anti-Noise and
Public Nuisance Ordinance.
1
grating, grinding, rattling, exhausting, or other noise disturbing to the
quiet, comfort and repose of any persons in the vicinity.
(6) The operation of any steam whistle attached to a boiler of any type
except for the purpose of giving notice of the time to begin or stop
work as a warning of fire or other danger, or for the purposes upon
special permit therefore from the Township Board.
(7) The discharge outside of any enclosed building of the exhaust of any
steam engine, internal combustion engine, motor vehicle, or motor
boat engine except through a muffler or other similar device which
will effectively prevent loud or explosive noises resulting there from.
(8) The erection, excavation, demolition, alternation, or repair of any
building or premise in any platted residential district or section of the
Township, including the streets and highways therein, in such a
manner as to emanate noise or disturbance unreasonably annoying to
other persons, other than between the hours of 6:00 a.m. and sundown
on week days except in cases of urgent necessity, in the interest of
public health and safety, upon receipt of a permit therefore from the
building inspector of the Township, which permit shall limit the period
that the activity may continue.
(9) The emission or creation of any excessive noise on any street that
unreasonably interferes with the operation of any school, church,
hospital or court.
(10) The creation of any loud or excessive noise, unreasonably disturbing
to other persons in the vicinity in connection with loading or unloading
of any vehicle, trailer, box car, or other carrier, or in connection with
the opening or destruction of bales, boxes, crates, or other containers.
(11) The use of any drum, loudspeaker, or other instrument or device for
the purpose of attracting attention to any performance, show, sale, or
display of merchandise which, by the creation of such noise, shall be
unreasonably disturbing to other persons in the vicinity.
(12) The operation of any race track, providing ground, testing area, or
obstacle course for the use of motorcycles, motor vehicles, boat racers,
automobiles or vehicles of any kind or nature in any area of the
Township not specifically zoned for such an operation and/or where
the noise emanating there from would be unreasonably disturbing and
annoying to other persons in the vicinity.
2
(D) The determination of whether any noise or disturbance is a violation of the
provisions of this ordinance shall be in the absolute discretion of the
Supervisor or the Township subject only to review of the Township Board
upon proper application therefore, made by the alleged violator, within 10
days after such determination by the Supervisor. In the absence of any
arbitrary, capricious or discretionary decision by the Township Board, such
decision shall be conclusive and final.
(A) No person, firm, or corporation shall create, cause or maintain any public
nuisance within the Township of New Buffalo by the unreasonable creation of
dust, smoke, fly ash or noxious odors, offensive or disturbing to adjacent
property owners and residents in the area.
(B) The determination of whether any activity enumerated in section 3 (A) is a
public nuisance and a violation of this Ordinance shall be in the absolute
discretion of the Supervisor of the Township, subject only to review by the
New Buffalo Township Board, upon proper application therefore made by the
alleged violator, within 10 days after such determination by the Supervisor. In
absence of any arbitrary, capricious or discriminatory decision by the
Township Board, such decisions shall be conclusive and final.
SECTION 4. Validity
The several provisions of this Ordinance are declared to be separate and the holding of
any court that any section or provision thereof is invalid shall not affect or impair the
validity of any other section or portion.
Any person, firm, or corporation found violating any of the provisions of this Ordinance
shall, upon conviction, be punished by a fine of not to exceed $100.00 or by
imprisonment, at the discretion of the court. Each day that a violation shall continue shall
constitute a separate offense. The provisions of this Ordinance may also be enforced by
suit for injunction, damages, or other appropriate legal action.