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File #: 12-1406    Version: 1 Name: 11/19/12 Noise Ord Amendment
Type: Ordinance Status: Passed
File created: 11/19/2012 In control: City Council
On agenda: 12/3/2012 Final action: 12/3/2012
Enactment date: 11/19/2012 Enactment #: ORD-12-33
Title: An Ordinance to Amend Sections 9:361 and 9:363 of Chapter 119, Noise Control, of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-12-33)
Sponsors: Christopher Taylor
Attachments: 1. 12-33 Briefed and Approved, 2. 12-33 Briefed, 3. Noise Control Ord Am 9361 9363.pdf
Title
An Ordinance to Amend Sections 9:361 and 9:363 of Chapter 119, Noise Control, of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-12-33)
Memorandum
The noise ordinance, in Chapter 119, section 9:363(5), has long prohibited construction activity that creates audible noise beyond the project’s property line between 8:00 p.m. and 7:00 a.m. and all day on Sundays (exceptions exist for homeowners doing work on their own home). In recent years, this has become more of an issue particularly in large construction projects where workers have been directed by their superiors to do work that requires the operation of noisy construction machinery at the prohibited times.
The proposed ordinance amendment to section 9:363(5) makes clear that, while the worker could be charged under these circumstances, the persons under whose authority the work is being performed can be held responsible instead. Naturally, there is a reluctance to enforce the ordinance against a person who may fear compliance will lead to job loss. Additionally, the amendment adds legal holidays to the prohibition, which requires amending section 9:361 to define “legal holiday.”

As with the current ordinance, the ordinance amendment does not prohibit construction activity. Rather, it prohibits the creation of noise from construction work that disturbs the public peace and quiet at times when it is reasonable to expect no such disturbance.
Staff
Prepared by: Kristen Larcom, Senior Assistant City Attorney
Sponsor: Councilmember Taylor
Body
ORDINANCE NO. ORD-12-33

First Reading: November 19, 2012 Published: December 6, 2012

Public Hearing: December 3, 2012 Effective: December 16, 2012

NOISE CONTROL

An Ordinance to Amend Sections 9:361 and 9:363 of Chapter 119, Noise Control, of Title IX of the Code of the City of Ann Arbor

The City of Ann Arbor Ordains:

Section 1: That Section 9:361 of Chapter 119, Noise Control, of Title IX of the Code of the City of Ann Arbor be am...

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