Sullivan Township Board Minutes August 3, 2021
Sullivan Township Hall
Meeting called to order by Tony Mabrito at 6:30pm with the Pledge of Allegiance.
ROLL CALL: Present: Tony Mabrito-Supervisor, Libby Spencer-Clerk, Tracey McGhan-Treasurer
Joe Kremm-Trustee, John Carr-Trustee
Special Guests: David Bossenbroek
MINUTES: It was moved by Joe Kremm, supported by Tracey McGhan, to accept the minutes of the regular meeting held on July 30, 2021. Motion Carried.
FINANCE: The Treasurer’s report on Township Receipts of $2,725.30 for the period of July 1, 2021 through July 30, 2021 was presented by Treasurer, Tracey McGhan.
It was moved by Libby Spencer, supported by Tracey McGhan to pay the bills of $24,686.91 as presented by Clerk, Libby Spencer. Motion Carried.
REPORTS: Planning Commission Report – John Carr
CORRESPONDENCE: MERS Pension has been adopted to replace John Hancock
OLD BUSINESS: The Noise Ordinance concerning many of the residents has been reviewed and it has been recommended that we amend it to include Explosives, such as tannerite, as well change the violations to a civil infraction instead of a misdemeanor. The original Anti-Noise Ordinance was adopted on 6/2/1981 and amended on 8/3/2021
A Resolution was approved to amend the Anti-Noise Ordinance as recommended
A Resolution to Appointing Ordinance Enforcement Officer was also approved.
An Amendment to transfer of Funds-General Fund to the Highway Fund was approved
A Budget Amendment to cover Sullivan Lake Parking/Hilton Park Rd/Zoning Enforcement was
The Novotny Electronic Proposal was approved to upgrade the Park Security Cameras
John Carr, our new Trustee, has been appointed as the Board Liaison for the Planning Commission
The Fall News Letter will include tire scrapping on Sept 18 and free dump week
Training for the Treasurer and the Clerk has been approved for this fall
Two possible Website Designers are being considered for to update our township website and a third option will be reviewed this coming month
ADJOURNMENT: With no further business to come before the Board, it is moved by Libby Spencer,
supported by Joe Kremm to adjourn the meeting at 7:20pm.
TOWNSHIP OF SULLIVAN
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 9
An Ordinance to secure the public health, safety and general welfare of the residents and property owners of Sullivan Township, Muskegon County, Michigan, by the regulation of noise within said Township; to prescribe penalties for the violation thereof and to repeal all Ordinances or parts of Ordinances in conflict therewith.
THE TOWNSHIP OF SULLIVAN HEREBY ORDAINS:
SECTION 1 TITLE
This Ordinance shall be known and cited as the Sullivan Township Anti-Noise Ordinance.
SECTION 2- PROHIBITED ACTS
A. No person, firm or corporation shall cause, to cause to be made or permit to be continued any unreasonable or improper noises or disturbances to the health, peace, repose, safety or quiet of the residents or property owners of the Township of Sullivan,
B. The following noises and disturbances are hereby declared to be a violation of this Ordinance; provided, however, that the enumeration herein shall not be construed to exclude other violations of this Ordinance not specifically enumerated:
1. Radios, phonographs, sound equipment. The using, operation, or permitting to be played, any radio receiving set, musical instrument) phonograph, or other machine/device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, vehicle or chamber in which such machine/device is located.
2. The operating or playing of such devices in such a manner as to be plainly audible at a distance of fifty (50) feet from the building, structure, or vehicle in which it is located,
3. Yelling, shouting, hooting or singing in public so as to annoy or disturb the quiet, comfort or repose of any person in the vicinity.
4. The operation of any automobile, motorcycle, or other vehicle so out of repair, so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling, exhaust or other noise disturbing to the quiet, comfort or repose of other persons.
5. The erection, excavation, demolition, altercation or repair of any building, premises, street or highway in such a manner as to emanate noises or disturbances unreasonably annoying to other persons other than between the hours of 6:00 a.m. and sundown on weekdays, except in cases of urgent necessity, in the interest of public health and safety.
6. The emission or creation of any excessive noises on any street which unreasonably interferes with the operation of any school, church, hospital or court.
7. The operation of any race track, proving ground, testing area. or obstacle course for motorcycles, motor vehicles, boats, racers, automobiles or any racers, automobiles or vehicles of any kind or nature in any area of the Township not specifically zoned for such an operation or where the noise emanating therefrom is unreasonably disturbing and annoying to other persons in the vicinity.
8. The detonation or causing the explosion of any device or substance, such as exploding targets or Tannerite, at such volume or location so as to unreasonably annoy or disturb the peace, quiet, comfort and repose of persons in the vicinity. (Amended & Adopted 8/3/2021)
C. None of the prohibitions herein before enumerated shall apply to any of the following:
1. Any police vehicles, ambulances, fire engines, or emergency vehicles while engaged in necessary emergency activities.
2. Excavation or repair of bridges, streets, highways by or on behalf of the Township of Sullivan, State of Michigan, or County of Muskegon, between the hours of 6:00 p.m. and 7:00 a.m. when the public welfare, safety, and convenience render it impossible to perform such work during other hours,
D. NOISE LEVEL SCIENTIFICALLY MEASURED:
If a measuring device is used by the Township to determine noise levels, the emission of measurable noises from any premises shall not exceed sixty-five (65) decibels as measured at the boundary of the property lines, except that where normal street traffic noises.
Within manufacturing districts, sound levels not exceeding seventy (70) decibels may be permitted. In addition, objectionable sounds of an intermittent nature, or characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be controlled so as not to become a nuisance of adjacent uses.
SECTION 3 – VIOLATIONS (Amended & Adopted 8/3/2021)
1. Any person who disobeys, neglects, or refuses to comply with any provisions of this ordinance, or who causes, allows or consents to any of the same, shall be deemed to be responsible for the violation of this ordinance. A violation of this ordinance is deemed to be a nuisance per se.
2. Each violation of this ordinance is a municipal civil infraction, for which the fines shall not be less than $100 nor more than $500, in the discretion of the Court, any other relief available under the Revised Judicature Act of 1961, being 236 PA 1961. The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction.
3. Each day during which any violation continues shall be deemed a separate offense.
4. In addition, the Township may seek injunctive relief against persons alleged to be in violation of this ordinance, and such other relief as may be provided by law.
5. This ordinance shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person(s) as designated by the Township Board from time to time.
CERTIFICATION OF ADOPTION
I, Elizabeth Spencer, Clerk of Sullivan Township, hereby certify that the foregoing
Ordinance was unanimously adopted by the board members with the Open Meeting Act of the State of Michigan at the meeting held on August 3, 2021.
Published August 4, 2021