CHAPTER 91:  NUISANCES

§ 91.01	BLIGHT.
	(A)	It is hereby determined that the following uses, structures and 
		activities are causes of blight, or blighting factors which, if allowed 
		to exist, will tend to result in blighted and undesirable neighborhoods. 
		On and after the effective date of this section, no person, firm or 
		corporation of any kind shall maintain or permit to be maintained any of 
		the following causes of blight or blighting factors upon any property in 
		the city owned, leased, rented, or occupied by such person, firm or 
		corporation:

		(1)	The storage upon any property of junk automobiles, except in a 
			completely enclosed building. For the purpose of this section 
			the term JUNK AUTOMOBILE shall mean any motor vehicle which
			has remained in an inoperable condition for more than 60 days or 
			which has not been operated for a period of 90 days or more, 
			unless permission upon good cause shown shall have been granted 
			in writing by the city officer charged with the enforcement of 
			this section.

		(2)	The storage or accumulation of junk, trash, rubbish or refuse of 
			any kind except in a completely enclosed building. Domestic 
			refuse shall be allowed if stored in such a manner as not to 
			create a nuisance and stored 30 feet from any other residential 
			structure, for a period of not to exceed seven days. The term 
			JUNK shall include parts of machinery or motor vehicles, or any 
			other material or other castoff material of any kind, whether or 
			not the same could be put to any reasonable use.

		(3)	The existence of any structure or part of a structure which 
			because of fire, wind, or other natural disaster, or physical 
			deterioration is no longer habitable as a dwelling, or useful 
			for any other purpose for which it may have been intended.

		(4)	Any vacant dwelling, garage, or other outbuilding unless it is 
			kept securely locked, windows kept glazed, or neatly boarded up 
			and otherwise protected to prevent entrance thereto by vandals.

		(5)	Any partially completed structure unless such structure is in 
			the course of construction in accordance with a valid and 
			subsisting building permit issued by the city.

	(B)	(1)	Nuisance. 	A violation of this section is declared to be a 
					nuisance per se.

		(2)	Violations.	A violation of this section shall be penalized 
					as provided in § 91.99.

		(3)	Enforcement. 	The Building Inspector and Zoning 
					Administrator of the city and all police 
					officers of the Spring Lake-Ferrysburg Police
					Department are authorized to issue civil 
					infraction citations pursuant to this section.
(Ord. 10, passed 1-3-67; Am. Ord. 143, passed 6-19-95)  Penalty, see § 91.99

§ 91.02	ACCUMULATION OF RUBBISH, JUNK VEHICLES, AND THE LIKE.
	(A)	From and after the date hereof, it shall be unlawful for any person or 
		persons, firm or corporation, owning or occupying any lot or premises in 
		the city to permit the unreasonable accumulation or unreasonable burning 
		of any ashes, paper, rags, manure, garbage, rubbish, or refuse of any 
		kind outside of proper and suitable containers upon any premises located 
		within the corporate limits of the city.

	(B)	All persons owning or occupying premises within the city shall place all 
		garbage, rubbish, trash and refuse in a proper and suitable container 
		and said container shall be emptied and the contents disposed of in a 
		sanitary, safe and sufficient manner by the persons owning or occupying 
		said premises within the city, or by a regular collector of said items 
		licensed by the city within the city to engage in said business. Such 
		license or permit shall designate the person, persons or organizations 
		who has/have such license, the date of issuance thereof and the 
		signature of the City Clerk.

	(C)	No person shall park or store, or permit or suffer to be parked or 
		stored, any dismantled, partially dismantled or inoperable motor vehicle 
		upon any private premises within the city for a period of time exceeding 
		ten days after the receiving of notice, as hereinafter set forth:

		(1)	This section shall apply to the registered owner of such vehicle 
			and to the owner or lessee of said premises whereupon such a 
			vehicle is parked or stored.

		(2)	This section shall not apply to any vehicle parked or stored 
			within a wholly enclosed garage or other wholly enclosed 
			structure.

		(3)	This section shall not apply to any property owner or lessee who 
			is not the registered owner of such a vehicle, who shall notify 
			the enforcing officer in writing, that such a vehicle is on the 
			premises, without the consent of the owner or lessee, and shall 
			authorize the enforcing officer to remove said vehicle.

		(4)	Notice as herein required shall be given by the enforcing 
			officer of the city in writing, clearly notifying the vehicle 
			owner, premise owner and premises lessee of the identity and 
			location of such vehicle and further notify said person or 
			persons that failure to comply with this section within ten days 
			after receipt of such notice shall constitute a misdemeanor.

		(5)	The notice shall be served by personal service or certified mail 
			addressed to the last known address of the person to be 
			notified.

	(D)	Definitions. For the purpose of this section, the following definitions 
		shall apply unless the context clearly indicates or requires a different 
		meaning.

	DISMANTLED OR PARTIALLY DISMANTLED MOTOR VEHICLE.  Any motor vehicle from 
	which said part or parts, which are ordinarily a component of such motor vehicle 
	have been removed or are missing.

	ENFORCING OFFICER. 	The Zoning Administrator or his duly authorized 
				representatives.

	INOPERABLE MOTOR VEHICLE. 	Any motor vehicle which by reason of 
					dismantling, disrepair or other cause 
					whatsoever is incapable of being propelled 
					under its own power.

	MOTOR VEHICLE. 		Any wheel vehicle which is self-propelled or intended to 
				be self-propelled.

	(E)	(1)	Nuisance. A violation of this section is declared to be a 
			nuisance per se.

		(2)	Violations. A violation of this section shall be penalized as 
			provided in § 91.99.

		(3)	Enforcement. The Building Inspector and Zoning Administrator of 
			the city and all police officers of the city are authorized to 
			issue civil infraction citations pursuant to this subsection.
(Ord. 10A, passed 8-4-69; Am. Ord. 144, passed 6-19-95)  Penalty, see § 91.99
Cross-reference:
	Garbage, trash, and recyclable material; collection and licensing, see §§ 93.15 et seq.

§ 91.03	VEGETATION.
	(A)	It is hereby determined that grass, with the exception of dune grass, 
		more than ten inches in height, dead bushes, dead trees, stumps, bushes 
		and trees infested with insects or infectious disease and any other 
		vegetation likely to cause fire or injury to persons or property that 
		may be growing, lying or located on private land in the city, affect and 
		are a detriment to public health, comfort, convenience, safety, welfare 
		and prosperity of residents of the city. The necessity in the public 
		interest for the provisions and prohibitions hereinafter contained and 
		enacted are declared a matter of legislative determination and public 
		policy, and for the purpose of promoting the public health, comfort, 
		convenience, safety, welfare and prosperity.

	(B)	It shall be the duty of every owner of platted or developed land, or the 
		authorized agent of such owner, to cut down or cause to be cut down, 
		pulled out, destroyed and removed all grass of more than ten inches in 
		height, dead bushes, dead trees, stumps, bushes and trees infested with 
		insects or infectious diseases, and any other vegetation likely to cause 
		fire or injury to persons or property, which are hereby declared a 
		common nuisance, growing, lying or located on said lands, so as to 
		prevent the same from perpetuating themselves or spreading infectious 
		diseases or becoming a detriment to public health, at least once each 
		year, and as frequently as may be necessary to prevent them from 
		blooming or reaching a seed-bearing state or from spreading infectious 
		diseases; and if such owner, or his or her authorized agent, shall fail 
		to do so, after notice is received by him or her by registered mail or 
		served personally, he or she shall on conviction be subject to a fine 
		and costs as hereinafter set forth.

	(C)	The Zoning Administrator of the city shall enforce this section and give 
		the notice required herein. Such notice shall state that for failing to 
		comply with the section, within a ten-day period for every violation 
		listed other than grass, and within a five-day period for grass, after 
		receipt of the notice, the city shall have the right to enter upon said 
		lands and destroy and remove such vegetation and the city shall have a 
		lien upon such lands for a minimum charge of $100 per city lot or 
		equivalent, plus actual costs involved, which shall be levied and 
		collected against the property in the same manner as general taxes.

	(D)	The City shall not be liable for any action of trespass for entering 
		upon such private lands for the purpose of cutting down, destroying or 
		removing such vegetation.

	(E)	Any owner of any private lands or his or her authorized agent who shall 
		refuse to destroy and remove such noxious growths as herein provided 
		shall upon conviction be penalized as provided in § 91.99.
(Ord. 19, passed 7-21-69; Am. Ord. 108, passed 7-26-89)  Penalty, see § 91.99

NOISE

§ 91.15	TITLE.
	This subchapter shall be known and cited as the "Anti-Noise and Public Nuisance
	Ordinance."
(Ord. 125, passed 2-3-92)

§ 91.16	DEFINITIONS.
	For the purpose of this subchapter, the following definitions shall apply unless 
	the context clearly indicates or requires a different meaning.

	DECIBEL.	A unit used to express the magnitude of sound pressure and sound 
			intensity. The difference in decibels between two sound 
			pressures is 20 times the common logarithm of their ratio. In 
			sound pressure measurements, the sound pressure level of a given 
			sound is defined to be 20 times the common logarithm of the 
			ratio of the 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).		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. dB(lin) means the 
			sound pressure level in decibels measured on the "linear" or 
			"flat" scale of a standard sound level meter having 
			characteristics defined by the American National Standards 
			Institute.

	MOTOR VEHICLE.	Every vehicle which is self-propelled whether or not licensed or 
			intended for use upon public roads.
(Ord. 125, passed 2-3-92)

§ 91.17	PROHIBITED NOISES; EXCEPTIONS.
 	(A)	General regulation. No person, firm or corporation shall cause or create 
		any unreasonable or unnecessarily loud noise or disturbance, injurious 
		to the health, peace or quiet of the residents and property owners of 
		the city.

	(B)	Specific violations. The following noises and disturbances are hereby 
		declared to be a violation of this subchapter; provided, however, that 
		the specification of the same is not thereby to be construed to exclude 
		other violations of this subchapter not specifically enumerated:

		(1)	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;

		(2)	Yelling, shouting, 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 so as 
			to unreasonably upset or disturb the quiet, comfort or repose of 
			any persons in the vicinity;

		(3)	The emission or creating of any excessive noise which 
			unreasonably interferes with the operation of any school, 
			church, hospital or court;

		(4)	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;

		(5)	The operation of a motor vehicle, including a motorcycle or 
			moped, unless at all times equipped with a muffler in good 
			working order and in a constant operation to prevent excessive 
			or unusual noise;

		(6)	The sounding of any horn or other device on any motor vehicle 
			unless necessary to operate said vehicle safely or as required 
			by the Michigan Motor Vehicle Code;

		(7)	(a)	The operation of a motorboat on the waters of this city 
				unless the motorboat is equipped and maintained with an 
				effective muffler or underwater exhaust system that does 
				not produce sound levels in excess of 90 dB(A) when 
				subjected to a stationary sound level test as prescribed 
				by SAE J2005; if a motorboat is equipped with more than 
				one motor or engine, the test shall be performed with 
				all motors or engines operating. This division (B)(7) 
				does not apply to any of the following:

				1.	A motorboat tuning up, testing for or 
					participating in official trials for speed 
					records or a sanctioned race conducted 
					pursuant to a permit issued by an appropriate
					unit of government;

				2.	A motorboat being operated by a boat or 
					marine engine manufacturer for the purpose of
					testing or development;

				3.	a motorboat manufactured prior to 1955 that is
					a historic or antique vessel.

			(b)	The operation on the waters of this state of a motorboat 
				that is equipped with a cut-out, bypass, amplifier, or 
				other similar device; as used in this section, "dB(A)" 
				means decibels on the "A" scale on a sound meter
				having characteristics of a general purpose sound meter
				as defined by American National Standards Institute 
				S1.4-1983;

		(8)	The erection, excavation, demolition, alteration or repair of 
			any building or premises in any part of the city, and including 
			the streets and highways, in such a manner as to emanate noise 
			or disturbance unreasonably annoying to other persons, other 
			than between the hours of 7:00 a.m. and sundown 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 Building Inspector or Ordinance Enforcement Officer of the 
			city, which permit shall limit the periods that the activity may 
			continue;

		(9)	The creation of a loud or excessive noise unreasonably 
			disturbing to other persons in the vicinity in connection with 
			the operation, loading or unloading of any vehicle, trailer, 
			railroad car, dumpster or other carrier or in connection with 
			the repairing of any such vehicle in or near residential areas;

		(10) 	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 purpose which, by the creation of 
			such noise, shall be unreasonably disturbing to other persons in 
			the vicinity;

		(11) 	The operation of any sound-amplifying device upon or within any 
			vehicle in a manner that will unreasonably upset or disturb the 
			comfort or repose of any persons in the vicinity;

		(12) 	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;

		(13) 	The operation of any race track, proving ground, testing area or 
			obstacle course for motor vehicles, motorcycles, boats, racers, 
			automobiles or vehicles of any kind or nature in any area of the 
			city where the noise emanating therefrom would be unreasonably 
			disturbing and upsetting to other persons in the vicinity; under 
			no circumstances shall any race track, proving ground, testing 
			area or obstacle course operate after 11:00 p.m. on any evening;

		(14) The idling of the engine of a commercial delivery vehicle.

	(C)	Exceptions. None of the prohibitions hereinbefore enumerated shall apply 
		to the following:

		(1)	Any police vehicle, ambulance, fire engine or emergency vehicle 
			while engaged in necessary emergency activities;

		(2)	Warning devices emitting sound for warning purposes as 
			authorized by law;

		(3)	The daily testing of civil defense sirens;

		(4)	Parades and church bells or chimes;

		(5)	The sounding of the fire station siren at noon each Saturday.
(Ord. 125, passed 2-3-92)
Cross-reference:
	Snowmobiles; noise, see § 71.07
	Unlicensed motor vehicles; noise, see § 71.32
	Sand mining; noise, see § 152.36

§ 91.18	DECIBEL LIMITATIONS; MEASUREMENT OF NOISE.

	In order to regulate and prove violations occurring under § 91.17, any noise in 
	excess of the maximum decibel limits according to the regulations stated below 
	is deemed to be in violation of this subchapter.

	(A)	Regulations for decibel measurement of noise originating from private 
		properties.

		(1)	At no point on the boundary of any of the following uses shall 
			the sound pressure level of a sound emanating from outside such 
			property exceed the following levels. The term USE as contained 
			in this subsection shall refer to the actual use of property and 
			not to the zoned use as provided in the city Zoning Ordinance. 
			At no point within a park or public area or an area open to the 
			public shall a sound emanating from within any such area exceed 
			the following levels. Each apartment unit, mobile home, or 
			separate dwelling is a USE within the meaning of this 
			subsection.

Uses				Limitations			Limitations
				7 a.m. - 10 p.m.		10 p.m. - 7 a.m.


Parks and public areas		65 dB(A)			58 dB(A)

Commercial			65 dB(A)			58 dB(A)

Industrial				70 dB(A)			70 dB(A)

Residential	Sound level shall not exceed 60		Sound level shall not exceed 53
		dB(A), nor shall flat-response	 	dB(A), nor shall flat-response
		reading exceed A-scale reading		reading exceed A-scale reading
		by more than 17.7 dB whenever		by more than 17.7 dB whenever
		sound level equals or exceeds		sound level equals or exceeds
		68 dB(lin).				61 dB(lin).

		(2)	The following exceptions shall apply to those regulations under 
			(A)(1):

			(a)	Construction projects shall be subject to the maximum 
				permissible noise levels specified for industrial districts 
				as long as a valid building permit has been issued by the 
				city and is currently in effect.

			(b)	All railroad operations shall be subject to the maximum 
				permissible noise levels allowed in industrial districts, 
				regardless of the zone where they are located.

			(c)	Noises occurring between 7:00 a.m. and sundown 
				caused by home or building repairs or from maintenance
				of grounds are excluded; provided, such noise does not
				exceed the limitations specified in subsection (A)(1)
				by more than 20 dB(A).

			(d)	Noises emanating from the discharge of firearms are 
				excluded; provided the discharge of the firearms was 
				authorized under state law and all local ordinances.

	(B)	Regulations for decibel measurement of motor-driven vehicles on public 
		roads.

		(1)	After April 1, 1978, a motor vehicle shall not be operated or 
			driven on a highway or street if the motor vehicle produces total 
			noise exceeding one of the following limits at a distance of 50 
			feet, except as provided in division (B)(1)(b)3. or division 
			(B)(1)(c)3. of this section:

			(a)	For a motor vehicle with a gross weight or gross vehicle 
				weight rating of 8,500 pounds or more, or a combination 
				vehicle with gross weight or gross vehicle weight rating of 
				8,500 pounds or more:

				1.	90 dB(A) if the maximum lawful speed on the
					highway or street is greater than 35 miles per 
					hour;

				2.	86 dB(A) if the maximum lawful speed on the 
					highway or street is not more than 35 miles
					per hour;

				3.	88 dB(A) under a stationary run-up test;

			(b)	For a motorcycle or a moped:

				1.	86 dB(A) if the maximum lawful speed on the
					highway or street is not more than 35 miles
					per hour;

				2.	82 dB(A) if the maximum lawful speed on the
					highway or street is not more than 35 miles
					per hour;

				3.	95 dB(A) under a stationary run-up test at 75 
					inches;

			(c)	For motor vehicle or a combination of vehicles towed by a 
				motor vehicle not covered in subdivision (a) or (b):

				1.	82 dB(A) if the maximum lawful speed on the
					highway or street is greater than 35 miles 
					per hour;

				2.	76 dB(A) if the maximum lawful speed on the
					highway or street is not more than 35 miles
					per hour;

				3.	95 dB(A) under a stationary run-up test 
					20 inches from the end of the tailpipe.

		(2)	A dealer shall not sell or offer for sale for use upon a street or 
			highway in this city a new motor vehicle manufactured after April 
			1, 1978, which produces a maximum noise exceeding the following 
			limits:

			(a)	For a motor vehicle with a gross vehicle rating of 8,500 
				pounds or more, 83 dB(A);

			(b)	For a motorcycle or a moped, 83 dB(A);

			(c)	For a motor vehicle not covered in (a) or (b), 80 dB(A).

		(3)	A person shall not operate a vehicle on a highway or street if the 
			vehicle has a defect in the exhaust system which affects sound 
			reduction, is not equipped with a muffler or other 
			noise-dissipative device, or is equipped with a cutout, bypass, 
			amplifier or similar device.

		(4)	A person, either acting for himself or herself or as the agent or 
			employee of another, shall not sell, install or replace a muffler 
			or exhaust part that causes the motor vehicle to which the muffler 
			or exhaust part is attached to exceed the noise limits established 
			by this section, M.C.L.A. §§ 257.707 et seq., or a rule promulgated 
			under M.C.L.A. §§ 257.707 et seq.

		(5)	A person shall not modify, repair, replace or remove a part of an 
			exhaust system causing the motor vehicle to which the system is 
			attached to produce noise in excess of the levels established by 
			this act, or operate a motor vehicle so altered on a street or 
			highway.
(M.C.L.A. § 257.707c)

		(6)	A dealer shall not sell a used or secondhand motor vehicle for use 
			upon a street or highway which is not in compliance with this 
			section.

	(C)	Measurement of noise. All measurements of sound pressure pursuant to
		subsection (A) of this section shall be made using a sound level meter of 
		standard design with "slow" meter response. All measurements of dB(A) 
		pursuant to subsection (B) of this section shall substantially conform to 
		the requirements of Section 707e of the Michigan Vehicle Code.
(Ord. 125, passed 2-3-92)  Penalty, see § 91.99
Cross-reference:
	Sale of used vehicles, see Ch. 112

§ 91.99	PENALTY.
	(A)	A violation of § 91.01 or § 91.02 shall be a civil infraction subject to a 
		fine. Increased civil fines will be imposed for repeated violations that 
		occur within a 6-month period. The civil fine for a first offense is $50. 
		The civil fine for the first repeat offense is $250. The civil fine for the 
		second repeat offense is $500. The city shall also be entitled to equitable 
		relief to abate the violation and to such other relief as may be available 
		to the city pursuant to Chapters 83 and 87 of the Michigan Revised 
		Judicature Act, as amended, being M.C.L.A. §§ 600.8301 et seq. and 600.8701 
		et seq. Each day on which any violation of those sections occurs shall 
		constitute a separate offense.
(Ord. 10, passed 1-3-67; Am. Ord. 10A, passed 8-4-69; Am. Ord. 143, passed 6-19-95; Am.
Ord. 144, passed 6-19-95)

	(B)	Whoever violates § 91.03 shall be subject to a fine of up to $100 or 
		imprisonment for a term of up to 90 days, or both, in the discretion of
		the court. Each day such violation continues to exist shall be deemed a 
		separate offense.  (Ord. 19, passed 7-21-69; Am. Ord. 108, passed 7-26-89)

	(C)	A person who violates § 91.18(B)(1), (3) or (5) shall be responsible for a
		civil infraction with a maximum fine of $100. If it is shown that the noise 
		level of a motor vehicle is in excess of dB(A) levels established in §§ 
		91.15 et seq., that evidence shall be prima facie evidence that the motor 
		vehicle was producing excessive noise in violation of §§ 91.15 et seq. A 
		violation of any other provision of §§ 91.15 et seq. is a misdemeanor 
		punishable by a fine of $500 or 90 days in jail or both. The city may also 
		seek appropriate civil or injunctive relief to abate such violations. Such 
		violations are declared to be a public nuisance.  (Ord. 125, passed 2-3-92)