The debate over the Muslim call to prayer is reverberating once again.
At last week’s city council meeting, several residents of the Hamtramck Senior Plaza apartments on Holbrook complained about the volume level of the call to prayer coming from the Ideal Islamic Center, located across from the apartment complex.
Jeanette Powell said she’s not complaining as a way to “bash anyone’s religion.”
She said the call or prayer was broadcast at 6 a.m. and found the volume “overbearing.”
I looked up the Hamtramck Ordinances on NOISE CONTROL, and found this. I have highlighted the applicable sections in
RED:
NOISE CONTROL
The provisions of this subchapter apply to all sources of sound except motor vehicles (as defined in the State Motor Vehicle Code, 1949 P.A. 300 (M.C.L.A. §§ 257.1 et seq.) in operation on a public right-of-way; aircraft in flight or in operation at an airport; and railroad equipment in operation on railroad rights-of-way.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
dB(A). The intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the fast meter response, as specified in American National Standards Institute standard S 1.4-1971.
COMMERCIAL. A use of the property for purposes other than residential.
PROPERTY LINE. The imaginary line which 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.
RESIDENTIAL. A legal use of property for temporary or permanent dwelling purposes.
§ 130.052 GENERAL PROHIBITION.
§ 130.052 GENERAL PROHIBITION.
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 which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the city.
§ 130.053 SPECIFIC PROHIBITIONS.
§ 130.053 SPECIFIC PROHIBITIONS.
(A) 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 10:00 p.m. and 7:00 a.m., of power tools or equipment.
(2) The operation, between 10:00 p.m. and 7:00 a.m., of any device for killing, trapping, attracting, or repelling insects or other pests.
(3) The sounding, between 10:00 p.m. and 7:00 a.m., of any bell, chime, siren, whistle or similar device, except:
(a) To alert persons to the existence of an emergency, danger or attempted crime; or
(4) The operation or playing between 10:00 p.m. and 7:00 a.m. of any radio, television, phonograph, drum or musical instrument.
(5) Construction, repair, remodeling, demolition, drilling or excavation work at any time on Sunday and between 8:00 p.m. and 7:00 a.m. Monday through Saturday, except as permitted by § 130.055(B).
(6) The operation or use between 10:00 p.m. and 7:00 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, loud-speakers, musical devices or other instruments or devices for the purpose of attracting attention by the creation of noise to any performance, show or sale or display of merchandise.
(9) A noise nuisance after 10:00 p.m. and before 7:00 a.m.
(10) The creation of loud, unnecessary noise by fireworks between the hours of 10:00 p.m. and 7:00 a.m., unless in conflict with state laws and statutes. Permissible uses of fireworks are defined by the fireworks ordinance in
Chapter 91 of this Code of Ordinances.
(B) The prohibitions of this section apply even if the sound level produced by a prohibited activity does not exceed the applicable level specified in §
130.054.
(Ord. 2013-113, passed 5-28-2013) Penalty, see §
130.999
§ 130.054 MAXIMUM PERMISSIBLE SOUND LEVELS.
§ 130.054 MAXIMUM PERMISSIBLE SOUND LEVELS.
No person shall conduct or permit any activity that produces a dB(A) beyond his or her property line exceeding the levels specified. 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.
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Residential
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Commercial
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All limited expressed in dB(A)
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§ 130.055 LIMITED EXEMPTIONS.
§ 130.055 LIMITED EXEMPTIONS.
The following limited activities are exempted from the sound level limitations of § 130.054:
(A) Operation of power equipment. Operation, between 7:00 a.m. and 10:00 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.
(B) Construction, repair, remodeling, demolition, drilling, wood cutting or excavation work. Construction, repair, remodeling, demolition, drilling, wood cutting or excavation work conducted between 7:00 a.m. and 8:00 p.m. Mondays through Saturdays, 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 his residence between 9:00 a.m. and 6:00 p.m. on Sundays.
(C) Loud speakers, sound amplifiers, public address systems. Operation or use, for any noncommercial purpose, of any loud-speaker, sound amplifier, public address system, or similar device to amplify spoken words between 7:00 a.m. and 10:00 p.m. This exemption applies to the use or operation of mechanical loud-speakers on or from motor vehicles only if a specific permit for the activity has been granted by the City Council. The City Council shall cause such a permit to issue when it finds the following:
(1) The applicant has a noncommercial message that cannot be effectively communicated to the public by the other means of communication available.
(2) The applicant will limit the use of the loud-speakers to times, locations and sound levels which will not unreasonably disturb the public peace.
(3) The applicant will not use the equipment in residential areas between 10:00 p.m. and 7:00 a.m.
(D) Killing, trapping, attracting, or repelling insects or other pests. The operation between 7:00 a.m. and 10:00 p.m. of any device for killing, trapping, attracting, or repelling insects or other pests which does not produce a sound level exceeding 83 dB(A) beyond the property line of the property on which the device is operated.
(E) Bells or chimes. The use for noncommercial purposes of one or more bells or chimes which does not exceed 90 seconds in duration in an hour.
(F) Carillon playing. Carillon playing between 7:00 a.m. and 10:00 p.m.
(G) Musical instruments. Playing or practicing with a single musical instrument between 7:00 a.m. and 10:00 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.
(H) Call to prayer and church bells. The city shall permit “call to prayer,” “church bells” and other reasonable means of announcing religious meetings to be amplified between the hours of 6:00 a.m. and 10:00 p.m. for duration not to exceed five minutes:
(1) The city shall have the sole authority to set the level of amplification, provided, however, that no such level shall be enforced until all religious institutions receive notice of the levels; and
(2) All complaints regarding alleged violations of this section shall be filed with the City Clerk and placed on the agenda of the next regular meeting of the City Council. The City Council shall take all appropriate action it deems necessary to alleviate the complaints, with the action to include, but not be limited to, an order to terminate use of amplification. If the City Council deems that the means of announcing religious meetings must be reduced, the Council shall amend this section of the subchapter. The Council may also determine that a complaint is without justification and choose to take no action on the complaint; if the determination is made, the decision shall be made by resolution of the City Council.
(Ord. 2008-2, passed 1-22-2008)
