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| Secord Township Ordinances - Noise Ordinance |
Table of Contents Ordinance Index Article I Article II Article III Article IV Article V Article VI Article VII Junk Ordinance Blighted Structure Inoperable Motor Vehicle Ice-Retardant Enforcement Officer Fire & Rescue Charge Noise Ordinance Amend Violations Floating Docks Zoning Authority |
An Ordinance enacted pursuant to the authority of MCL 41.181 et seq., to secure the public health, safety and general welfare of residents, property owners and persons within the Township of Secord, Gladwin County Michigan by the regulation of noise and other types of nuisances and to prescribe the penalties for the violation thereof. The Township of Secord, Gladwin County, Michigan, ordains: SECTION 1 - Title This Ordinance shall be known and cited as the Secord Township Anti-Noise and Public Nuisance Ordinance. SECTION 2 - Anti-Noise Regulations A. General Regulation. No person, firm, corporation or other legal entity shall cause, create or maintain any unreasonably loud noise or disturbance which is injurious to, or interferes with, the public health, safety, welfare, peace, comfort, convenience, repose or other interests of persons in the vicinity or on nearby properties. Any such noise or disturbance is hereby declared a nuisance per se. B. Specific Violations. The following noises and disturbances, when unreasonable in time, manner or volume and injurious to, or interferes with, the public health, safety, welfare, peace, comfort, convenience, repose or other interests of persons in the vicinity or on nearby properties are declared to be a violation of this Ordinance. Each of the following acts is declared unlawful and prohibited, but this enumeration shall not be deemed to be exclusive.
C. Exceptions. None of the above-listed prohibitions shall apply to the following:
SECTION 3 - Public Nuisance Regulations No person, firm or corporation shall create, cause, maintain or allow any activity within the township that emits smoke, dust, fly ash, organic or inorganic particulates or noxious odors which are injurious to or interferes with, the public health, safety, welfare, peace, comfort, convenience, repose or other interests of persons in the vicinity or on nearby properties excluding campfires and other controlled burning in compliance with government regulations. Emissions of smoke, dust, fly ash, organic or inorganic particulates or noxious odors which travel beyond or are detectable beyond the boundaries of the property from which they originate shall be prima facie evidence of a violation of this section. Any such activity is hereby declared a nuisance per se. SECTION 4 - Violations, Penalty and Persons Responsible Any person or other entity who violates any provision of this Ordinance is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than Five Hundred ($500) dollars, plus costs, which may include all direct or indirect expenses to which the Township has been put in connection with the violation. In no case, however, shall costs of less than $65.00 or more than five hundred ($500.00) dollars be ordered. The owner, resident or occupant in control of a premises upon which a violation of this Ordinance occurs is responsible for the violation to the same extent as the person(s) who conduct the activity giving rise to the violation. All violations of this Ordinance are declared nuisances per se. The Township specifically reserves the right and shall have the authority to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to abate said nuisance and to compel compliance with this Ordinance. Each day a violation of this ordinance continues to exist constitutes a separate violation. SECTION 5 - Severability Should any section, clause or provision of this Ordinance be declared by any court to be invalid, the same shall not affect the validity of the remaining portions of such section of this Ordinance or any part thereof other than the part so declared to be invalid. SECTION 6 - Effective date This Ordinance shall become effective thirty (30) days after the date of its publication. Adopted by the Township Board, Township of Secord, Gladwin County, Michigan at a meeting of the Township board held on the _____ day of _______________, 2010. Dated: __________________ Vincent Barry, Jr. Supervisor Kathie Hart Clerk CERTIFICATION The above Ordinance No. _____ was adopted at a meeting of the Secord Township Board on the _____ day of _______________, 2010, and published in the Gladwin County Record, a newspaper of general circulation in the Township of Secord on the _____ day of _______________, 2010. Kathie Hart Clerk |