Ordinance

Article XV – Noise Control / Non-Vehicular Noise

Section 1. Applicability

The provisions of this Article XV apply to all sources of sound except: 1) motor vehicles; 2) aircraft in flight or in operation at an airport; 3) railroad equipment in operation on railroad rights-of-way. The prohibitions herein shall be suspended if otherwise permitted at an athletic event provided that such athletic event starts prior to the times restricted herein and lasts into an otherwise restricted time (i.e., between 10 P.M. and 7 A.M.).

Section 2. Definitions

As used in this Article XV:

1. dB(A). The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighing scale and the fast meter response, as specified in American National Standards Institute standards S 1.4-1971.

2. Commercial. A use of the property for purposes other than residential.

3. Property Line. The imaginary line that 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.

4. Residential. A legal use of property for temporary or permanent dwelling purposes.

Section 3. General Prohibitions

It shall be unlawful for any person to create, assist in creating, permit, continue, or permit the continuance of any unreasonably loud, disturbing, unusual, or unnecessary noise that annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others on University property.

Section 4. Specific Prohibitions

The following activities are prohibited if they produce clearly audible sound beyond the property line of the property on which they are conducted:

1. The operation, between 10 P.M. and 7 A.M., of power tools or equipment.

2. The operation, between 10 P.M. and 7 A.M., of any device for killing, trapping, attracting, or repelling insects or other pests.

3. The sounding, between 10 P.M. and 7 A.M., of any bell, chime, siren, whistle, or similar device, except:

   • To alert persons to the existence of an emergency, danger, or attempted crime; or
     
   • As provided in section 6(e) of this Article XV.
     
     

4. The operation or playing between 10 P.M. and 7 A.M., of any radio, television, phonograph, or musical instrument.

5. Construction, repair, remodeling, demolition, drilling, or excavation work at any time on Sunday and between 8 P.M. and 7 A.M. Monday - Saturday, except as permitted by section 6(b) of this Article XV.

6. The operation or use between 10 P.M. and 7 A.M. of any loudspeaker, sound amplifier, public address system, or similar device used to amplify sounds.

7. The creation of a loud, unnecessary noise in connection with the loading or unloading of any vehicle or the opening and closing or destruction of bales, boxes, crates, or other containers.

8. The use of any drums, loudspeakers, musical devices, or other instruments or devices for the purpose of attracting attention by the creation of noise to any performance, show, sale, or display of merchandise. The prohibitions of this section apply even if the sound level produced by a prohibited activity does not exceed the applicable level specified in Section 5 of this Article XV.

Section 5. Maximum Permissible Sound Levels

No person shall conduct or permit any activity that produces a dB(A) beyond their property line exceeding the levels specified in Table I. Where property is used for both residential and commercial purposes, the residential sound levels shall be used only for measurements made on the portion of the property used solely for residential purposes.

Table I

(All limits expressed in dB(A)).

Section 6. Limited Exemptions

The following limited activities are exempted from the sound level limitations of Section 5 of this Article XV:

1. Operation, between 7 A.M. and 10 P.M., of power equipment that does not produce a sound level exceeding 90 dB(A) beyond the property line of the property on which the equipment is operated.

2. Construction, repair, remodeling, demolition, drilling, wood cutting, or excavation work conducted between 7 A.M. and 8 P.M. Mondays through Saturdays or such other times as approved in writing by the Executive Vice President and Chief Financial Officer, except legal holidays, which does not produce a sound level exceeding 105 dB(A) beyond the property line of the property on which the work is being conducted. Also, a person may engage in such activities at their residence between 9 A.M. and 6 P.M. on Sundays.

3. Operation or use, for a noncommercial purpose, of any loudspeaker, sound amplifier, public address system, or similar device to amplify spoken words between 7 A.M. and 10 P.M. This exemption applies to the use or operation of mechanical loudspeakers on or from motor vehicles only if a specific permit for the activity has been granted by the Executive Vice President and Chief Financial Officer or the Executive Vice President’s written designee with respect to the Ann Arbor campus, or the respective Chancellor or the Chancellor’s designee with respect to the Dearborn and Flint campuses. The Executive Vice President and Chief Financial Officer or the Executive Vice President’s written designee with respect to the Ann Arbor campus, or the respective Chancellor or the Chancellor’s designee with respect to the Dearborn and Flint campuses, shall cause a permit to issue when it finds the following:

   • The applicant has a noncommercial message that cannot be effectively communicated to the public by the other means of communication available;
     
   • The applicant will limit the use of the loudspeakers to times, locations and sound levels that will not unreasonably disturb the public peace; and
     
   • The applicant will not use the equipment in residential areas between 10 P.M. and 7 A.M.
     
     

4. The operation between 7 A.M. and 10 P.M. of any device for killing, trapping, attracting, or repelling insects or other pests that does not produce a sound level exceeding 83 dB(A) beyond the property line of the property on which the device is operated.

5. The use for noncommercial purposes or one or more bells or chimes that does not exceed 90 seconds in duration in an hour.

6. Carillon playing between 7 A.M. and 10 P.M.

7. Playing or practicing with a single musical instrument between 7 A.M. and 10 P.M. without electric amplification for not more than one hour a day that does not produce a sound level in excess of 67 dB(A) beyond the property line of the property on which the instrument is used.

Section 7. General Exemptions

The following activities are exempted from the sound level limitations of Section 5 of this Article XV:

1. Emergency work necessary to restore property to a safe condition following a fire, accident, or natural disaster; to restore public utilities; and/or to protect persons or property from an imminent danger;

2. Sound made to alert persons to the existence of an emergency, danger, or attempted crime;

3. Activities or operations of University personnel in the course of their prescribed duties or the activities or operations of other governmental units or agencies;

4. Parades, concerts, festivals, fairs or similar activities subject to any sound limits with approval by the University; or

5. Athletic, musical, or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of the University.

Section 8. Temporary Exemptions

1. The Executive Vice President and Chief Financial Officer or the Executive Vice President’s written designee with respect to the Ann Arbor campus, or the respective Chancellor or the Chancellor’s designee with respect to the Dearborn and Flint campuses, is authorized to grant a temporary exemption from the maximum permissible sound levels established by this Article XV if the temporary exemption would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary exemption is sought.

2. The following factors shall be considered in determining whether to grant a temporary exemption:

   • The balance of the hardship to the applicant, the community, and other persons in not granting the variance against the adverse impact on the health, safety, and welfare of persons adversely affected and any other adverse effects of the granting of the variance.
     
   • The nearness of any residence or residences, or any other use that would be adversely affected by sound in excess of the limits prescribed by this Article XV.
     
   • The level of the sound to be generated by the event or activity.
     
   • Whether the type of sound to be produced by the event or activity is usual or unusual for the location or area for which the variance is requested.
     
   • The density of population of the area in which the event or activity is to take place.
     
   • The time of day or night that the activity or event will take place.
     
   • The nature of the sound to be produced, including but not limited to, whether the sound will be steady, intermittent, impulsive, or repetitive.
     
     

3. A temporary exemption must be in writing and signed by the Executive Vice President and Chief Financial Officer or the Executive Vice President’s written designee with respect to the Ann Arbor campus, or the respective Chancellor or the Chancellor’s designee with respect to the Dearborn and Flint campuses, and must set forth the name of the party granted the exemption, the location of the property for which it is authorized, the date(s) and time(s) for which it is effective and the dB(A) level(s) authorized. The written exemption must be promptly exhibited to a requesting University representative.

4. A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, which in no case may exceed 30 days.

Section 9. Liability of Owner, Lessee, or Occupant

If the person responsible for an activity that violates this Article XV cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation.

Section 10. Violation Penalty

A violation of this Article XV shall constitute a civil infraction and shall be punishable by a fine of not more than one hundred dollars.