The Moran Township board presented a noise ordinance to the public Wednesday, July 1, following several years of noise complaints from the area around two businesses, a bar and a reception site. The ordinance will be offered for public comment at a hearing before the board adopts it.

The ordinance is nearly identical to the one used by the Village of Mackinaw City. The board used the village's copy as a template and edited it to better suit Moran Township, Supervisor Jim Durm said.

Differing from the Mackinaw City ordinance, any mention of noise measurement equipment was removed. The village's version of the ordinance uses sound measurement equipment, and when a business or residence exceeds a certain decibel limit, it is found in violation of the ordinance.

Noise measurement equipment was eliminated from the Moran Township draft after consulting with the Mackinac County Sheriff and Michigan State Police, trustee Mark Spencer said. State police lack the staff and funding to respond to noise complaints and conduct measurements. The Mackinac County Sheriff's Office has a measurement device, but it is used to measure marine noise.

Noise measurement equipment is costly, must be state certified, and requires training to use, Mr. Durm said. It is also difficult to obtain an accurate reading, as most residences will reduce noise when they notice an officer approaching, he added.

A "lights out" system will be instituted instead, according to the draft. No noise limits will be set during the day, but residents and businesses will be expected to be quiet from 11 p.m. to 7 a.m.

Clark Township has a similar ordinance. Noise measurement devices are not used in determining an ordinance infraction. The zoning officer reviews all noise complaints that occur at night, investigates them, and issues citations as necessary.

According to the Moran Township noise ordinance draft, the supervisor will investigate all noise complaints logged by police and send a warning for a first infraction. A second infraction within 12 months of the first will result in the offender being taken to court and possibly fined $500. This is different from the Mackinaw City ordinance, as offenders there are fined without receiving prior warning.

"I think it's appropriate to give a warning before you take them to court," Mr. Durm said.

Mr. Durm admits there is potential for abuse of the ordinance. An irate neighbor may file a false noise report, for example. He explains that this is where the investigative portion of the ordinance will come into play.

When a claim is made, there is a burden of proof the plaintiff is responsible for, Mr. Durm said. Since noise measurement equipment is not used, the plaintiff would have to produce witnesses, video recordings, or another form of proof that demonstrates a violation.

Proof will be important, as noise infractions will be determined on a case-by-case basis.

"One person's noise may not be another person's," Mr. Spencer said.

Another variation made from the Mackinaw City ordinance was the appeal process.

Appeals are made when a person admits that he was in violation of the ordinance, but feels there should be an exception made, Mr. Durm said. In the Mackinaw City ordinance, scheduling a meeting with the board of appeals costs $125. The Moran Township appeal board costs $50.

The fee is used to pay for the notices mailed and posted in the newspaper that a noise appeal has been made, Mr. Spencer said. All appeal meetings are available to the public, and notice must be sent to advertise them.

For Moran Township, appeals will typically be heard at the next township board meeting. The plaintiff can request a special meeting to see the board sooner, but a $300 fee will be charged. Special meetings were not included in the Mackinaw City ordinance.

The board of appeals is made up of the board of trustees, according to the ordinance. A $300 fee is charged because trustees are paid by the meeting, Mr. Spencer said.

Variances can be applied for if the noise ordinance presents a hardship in conducting business. A special event such as a concert, for example, could apply for a threeday variance, when the ordinance would be lifted. This would also be determined on a case-by-case basis, Mr. Durm said.

Mr. Durm will be in charge of handling noise ordinance issues, but he will not be allowed to handle any issues that concern himself, Mr. Spencer said.

When Mr. Durm is involved in a noise complaint, the board of trustees will select someone else to investigate and take action, he added. The zoning officer is most likely to be tapped.

Mr. Durm owns apartment property near a bar and has been unable to rent out rooms closest to the bar because of the noise, he said at the last township meeting. Should the ordinance be passed, another person would be required to handle his complaint.

Public sentiment concerning the new ordinance was generally positive during the meeting, although several concerns were raised. Many people wanted more time to review the ordinance before it was passed. Others wanted to know what noises, such as dogs barking or idling trucks, were covered in the ordinance.

Mr. Spencer suggested a public hearing be held before the ordinance was approved to give the public a chance to study the ordinance and make any suggestions.

Judith Luoma of St. Ignace agreed. Her main concern, speaking as a private citizen, she said, is any legal problems that would arise if the ordinance was forced through too quickly. It would look suspicious if the ordinance was passed that day, she said, since Mr. Durm has a complaint against the bar. Giving the public a chance to voice their opinions would solve that, she said.

"It's better to do it this way than to have it end up as a court case," she said.

"I have absolutely no problem with that," Mr. Durm said.

Vickie Westey of Lansing owns property near a wedding reception site, where she stays on weekends. The noise has been disturbing, she said, and she supports the new ordinance as it was presented.

"Quiet time at 11 is reasonable," she said.

If using a noise measurement instrument was required later, she would agree with that, as well, she added.

Mrs. Luoma said while she understands why some businesses would be loud, it is still important to be respectful of the people around them, she said.

"It's just a fact of life -- you have to respect your neighbors."

The board tabled the ordinance until further review at a special public hearing. The hearing will be Wednesday, July 22, at 6 p.m. at Moran Township Hall. A copy of the noise ordinance draft will be available on the Moran Township Web site.

Fund Transfer Examined

Treasurer Susan Dionne requested an amendment be made to the Moran Township investment policy. The policy allows for the investment of funds in certain banks such as U.P. State Credit Union and First National Bank, so an amendment must be made when a new bank is to be used.

Mrs. Dionne suggested spreading investments out to avoid having more than the federally insured limit of $250,000 in any one bank.

Moran Township has $631,000 invested in First National bank, $364,000 in U.P. State Credit Union, and $365 in Central Savings, Ms. Dionne said.

"With the way the economy is, the FDIC is only insuring $250,000 per depositor," she told The St. Ignace News.

The board approved the amendment adding Wolverine Bank and Old Mission Bank to the policy, at Ms. Dionne's request.

Gravel Pit Survey Bid Accepted

The board accepted Neil Hill's bid of $9,700 for the surveying of seven gravel pits in Moran Township. The other bidder, R.S. Scott, placed a bid for $9,900.

The survey will determine how close the Moran Township gravel pits are to residences, and if a proper slope has been made to prevent damage to any homes in case of a cave-in, Mr. Spencer said. The survey will also show how large each pit is for tax purposes, he added.