ENVIRONMENT*
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*Cross reference(s)‑‑Administration, ch. 2; buildings and building regulations, ch. 10; offenses, ch. 54; parks and recreation, ch. 58; planning, ch. 62.
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Secs. 30-1‑‑30-25. Reserved.
Sec. 30-26. Reserved.
Sec. 30-27. Definitions.
Sec. 30-28. General prohibitions.
Sec. 30-29. Specific prohibitions.
Sec. 30-30. Decibel level prohibitions.
Sec. 30-31. General exemptions.
Sec. 30-32. Test procedures.
Sec. 30-33. Special waivers.
Sec. 30-34. Social gatherings and parties.
Sec. 30-35. Enforcement and penalties.
Sec. 30-36. Severability.
Secs. 30-37‑‑30-50. Reserved.
Article III. Nuisances
Division 1. Generally
Sec. 30-51. Garage Sales and Rumage Sales.
Secs. 30-52‑‑30-60. Reserved.
Division 2. Controlled Substances
Sec. 30-61. Definitions.
Sec. 30-62. Declaration of public nuisance.
Sec. 30-63. Abatement of nuisance; costs.
Sec. 30-64. Presumption of public nuisance.
Sec. 30-65. Posting of properties declared public nuisances; record of properties.
Sec. 30-66. Unlawful entry or use of property ordered vacated or prohibited for occupancy.
Sec. 30-67. Penalty for violation of division.
Secs. 30-68‑‑30-90. Reserved.
Sec. 30-91. Definitions.
Sec. 30-92. Owner of property required to abate noxious or dangerous weeds.
Sec. 30-93. Notice of abatement to property owners.
Sec. 30-94. Action upon noncompliance of owner.
Sec. 30-95. Violation penalties.
ARTICLE I. IN
GENERAL
Secs. 30-1‑‑30-26.
Reserved.
Sec. 30-27.
Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial means property located within the following Zoning District Designations, to-wit: CBD Central Business District; B-1 Neighborhood Business District; B-2 General Business District; B-3 Waterfront Business District; and PUD Planned Unit Development – Residential or PUD Planned Unit Development – Commercial.
Decibel means a unit of sound level on a logarithmic scale measured relative to the threshold of audible sound to the human ear, in compliance with American National Standards Institute Standard S 1.1-1960.
Decibel on the A-weighted network or DBA, means decibels measured on the A-weighted network of a calibrated sound level meter utilizing the A-Level weight scale and the fast meter response, as specified in American National Standards Institute standard S 1.4-1971.
Fast Meter response means the meter ballistics of meter dynamic characteristics as specified by American national Standards Institute Standard S 1.4-1971.
Industrial means property located within the following Zoning District Designations, to-wit: I-1 Light Industrial District; and I-2 General Industrial District.
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.
Residential means property located within the following Zoning District Designations, to-wit: R-1 and R-2 One Family Residential District; RM-1 Restricted Multiple Family Residential District; and RM-2 Multiple Family Residential District.
(Ord. No. 725, Sec. 1, 6-15-89; Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-28. General Prohibitions.
No person shall create, assist in creating, permit, continue or permit the continuance of any noise that exceeds the limitations set forth in this article within the city. All noises that violate the restrictions of this division are hereby declared to be public nuisances.
(Ord. No. 725, Sec. 2, 6-15-89; Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-29. Specific Prohibitions.
No person shall conduct or permit any of the following activities if such activity produces frequent or long-continued noise that is clearly audible at or beyond the property line of the property on which they are conducted. The prohibitions of this section apply even if the sound level produced by a prohibited activity do not exceed the applicable level specified in Section 30-30.
(1) Insect or animal control devices. The operation, between 10:00 p.m. and 7:00 a.m. of any device which produces an audible sound for the purpose of killing, trapping, attracting, or repelling insects or animals.
(2) Animal or bird sounds. The keeping of any animal or bird which creates frequent or long-continued noise.
(1) Attention arresters. The sounding, between 10:00 p.m. and 7:00 a.m. of bells, chimes, sirens, whistles or similar devices.
(2) Shouting and whistling. Yelling, shouting, shooting, whistling or singing on the public street between the hours of 10:00 p.m. and 7:00 a.m.
(5) Machines or devices for producing or reproducing sound. Did then and there use, operate or permit to be operated, any radio receiving set, musical instrument, phonograph, magnetic tap player, compact disk player, or other machine or device for producing or reproducing of sound, from a moving or stationary vehicle in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the vehicle in which such machine or device is operated and who are voluntarily listeners thereto. The operation of any such set, instrument, phonograph, machine or devise in such a manner as to be plainly audible at a distance of 25 feet from the hours of 11:00 p.m. to 7:00 a.m. or 50 feet from the hours of 7:00 a.m. to 11:00 p.m. in any area whether inside or outside of the vehicle in which it is located shall be prima facia evidence of violation of this section, in violation of South Haven City Code Section 30-29(5).
(Ord. No. 725, Sec. 2, 6-15-89; Ord. No. 844, Sec.1, 5-5-97; Ord. No. 848, 8-18-97)
Sec. 30-30. Decibel Level Prohibitions.
(a) No person shall conduct
or permit any activity, including those specific prohibitions listed in Section
30-29 that produces a DBA 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 for commercial property shall
apply.
|
Producing the Sound |
Receiving the Sound |
Use of Property 7:00 a.m. to 11:00 p.m. |
Use of Property 11:00 pm. to 7:00 a.m. |
Residential |
Residential |
75 |
60 |
|
Commercial |
Residential |
80 |
60 |
|
Residential |
Commercial |
80 |
60 |
|
Commercial |
Commercial |
90 |
75 |
|
Industrial |
Commercial |
90 |
75 |
|
Industrial |
Residential |
80 |
60 |
(b) The following limited activities are exempted from the sound level limitations of this section.
(1) Equipment operations. Operation, between 7:00 a.m. and 6:00 p.m.
of power equipment that does not produce a sound level exceeding 100 DBA at or
beyond the property line of the property
on which the equipment is operated.
(2) Construction sounds. Construction, repair, remodeling,
demolition, drilling, wood cutting or excavating work conducted between 7:00
a.m. and 6:00 p.m. Mondays through Saturdays, except legal holidays, which does
not produce a sound level exceeding 100 DBA at or beyond the property line of
the property on which the work is being conducted.
(3) Snow removal equipment operation. Operation of snow removal equipment which
does not produce a sound level exceeding 90 DBA at or beyond the property line
of the property on which the equipment is operated.
(Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-31. General Exemptions.
The following activities
are exempted from the sound level limitations of this division:
(1) 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 imminent danger.
(2)
Sound
made to alert persons to the existence of an emergency, danger or attempted
crime.
(3)
Activities
or operations of governmental units or agencies.
(4)
Parades,
concerts, festivals, fairs or similar activities subject to any sound
limitations included in the approval by the city.
(5)
The
operation or use between 9:00 a.m. and 10:00 p.m. of any loudspeaker, sound
amplifier, public address system or similar device used to amplify sounds,
whether stationary or mounted on a vehicle, subject to the following:
a. The
only sound permitted are human speech or music.
b. Operations
are permitted for a period not in excess of three hours daily.
c. Sound-amplifying equipment mounted on a
vehicle shall not be operated unless the vehicle upon which such equipment is
mounted is operated at a speed of at least ten miles per hour except when the
vehicle is stopped or impeded by traffic.
d. The volume of sound shall be controlled so
that it will not be audible for a distance in excess of 100 feet from the
equipment and so that the volume is not unreasonably loud, raucous, jarring or
disturbing to persons within the area of audibility.
e. No sound-amplifying equipment shall be
operated with an excess of 15 watts of power in the last stage of
amplification.
f.
The use
for noncommercial purposes of one or more bells or chimes which does not exceed
90 seconds duration in an hour between 9:00 a.m. and 10:00 p.m.
g. Carillion playing between 9:00 a.m. and 10:00
p.m.
h. Any noise resulting from activities of a
temporary duration permitted by law and/or for which a waiver has been granted
by the city.
(Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-32. Test Procedures.
(a) Generally. Test
instruments and procedures used for implementation and enforcement of this
section shall substantially conform with applicable standards and recommended
practices established by the Society of Automotive Engineers, Inc. and the
American National Standards Institute, Inc. for the measurement of motor
vehicle sound levels. The department of state highways and transportation has
promulgated rules establishing these test procedures.
(b) Exemptions for time to
comply. Upon good cause shown by the owner or responsible party for any
noise source, the City Manager shall have the power to grant an exemption from
the requirement of this ordinance in order to allow sufficient time for an
installation of needed control equipment, facilities, or modifications to
achieve compliance, not to exceed ten (10) days, provided that such exemption
may be renewed as necessary, but only if satisfactory progress toward
compliance is shown. A request for exemption shall be filed in writing with the
City Manager.
(Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-33. Special Waivers.
(a) The City Manager shall have the authority, consistent with this ordinance, to grant special waivers.
(b) Any person seeking a special waiver pursuant to this ordinance shall file a written application with the City Manager. The written application shall contain information which demonstrates that bringing the source of sound or activity for which the special waiver is sought into compliance with the ordinance would constitute an unreasonable hardship on the applicant, on the community, or for another purpose.
(c) In determining whether to grant or deny the application, the City Manager shall balance the hardship to the applicant, the community, and other persons of not granting the special waiver against the adverse impact on the health, safety and welfare of persons affected, the adverse impact of granting a special waiver.
(d) Special waivers shall be granted by notice to the applicant and may include all necessary conditions, including time limits on the permitted activity. The special waiver shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special waiver shall terminate it and subject the person to holding it to those provisions of this ordinance regulating the source of sounds or activity for which the special waiver was granted.
(Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-34. Social Gatherings and Parties.
(a) Any persons who is
planning a social gathering or party at which it is anticipated that the noise
levels will exceed those set forth in Section 30-30 herein may file a written
application with the City Manager for a special waiver from said noise levels.
(b) Any persons seeking such a special waiver shall indicate in his or her application to the City Manager the specific reason why he or she will not be able to meet the established noise levels. The applicant shall also include a written statement that he or she has personally contacted all residents of properties abutting the property in question and none oppose the special waiver being requested. For purposes of the preceding sentence, when an applicant’s property abuts on a street the applicant will also be required to notify and receive permission from residents directly across said street.
(c) Should the applicant be granted a special waiver pursuant to this subsection, it will be subject to the condition that any such special waiver will expire at 10:00 p.m. on Sunday through Thursday evenings and midnight on Friday and Saturday evenings.
(Ord. No. 844, Sec. 1, 5-5-97)
Sec. 30-35. Enforcement and Penalties.
(a) Generally.
(1) Any person who
violates any portion of this ordinance, first offense, shall receive a civil
infraction citation.
(2) If the order to cease or abate the noise is not complied
with, or is complied with and then violated again within sixty (60) days, the
person or persons responsible for the noise under Section 30-28 shall be
charged with a misdemeanor offense subject to imprisonment for up to 90 days
and/or up to $500 fine or both..
(Ord. No. 844, Sec. 1, 5-5-97; Ord. No. 914, 6-16-03)
Sec. 30-36. Severability.
Should any of the
article, section, paragraphs, sentences, clauses or phrases of this chapter be
declared unconstitutional or invalid, at the valid judgment or decision of a
court of competent jurisdiction, such unconstitutionality or invalidity shall
not affect the validity of the chapter in its entirety or any of the remaining
articles, sections, paragraphs, sentences, clauses and phrases.
(Ord. No. 844, Sec. 1, 5-5-97)
Secs. 30-37—30-50. Reserved.
DIVISION 1. GENERALLY
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*Cross reference(s)‑‑Offenses, ch. 54.
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Sec. 30-51. Garage sales and
rummage sales.
(a) Any person conducting such sale may not conduct such sale for a period of more than three days.
(b) No person shall be allowed more than two garage or rummage sa