City Ords Chapters 31 & 34 (Noise & Obscenity)

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Questions and Answers

According to the city ordinance, what is the daytime (7:00 a.m. to 11:00 p.m.) restriction on broadcasting sound from a portable device like a car stereo?

Broadcasting sound is prohibited if it is audible at a distance of 30 feet from the source. (correct)
Broadcasting sound is allowed at any volume during daytime hours.
Broadcasting sound is prohibited if it is audible at a distance of 50 feet from the source.
Broadcasting sound is only prohibited if it contains explicit lyrics.

What constitutes 'plainly audible' sound according to the city ordinance?

Sound that is louder than the average ambient noise level.
Any sound detectable by a person's unaided hearing, including the rhythmic bass component of music. (correct)
Sound that can be clearly understood, including the lyrics and specific words.
Sound that is deemed subjectively offensive by the enforcing officer.

What is the primary intent behind the creation and amendment of the City of Sterling Heights Noise Ordinance?

To establish specific decibel limits for all activities within the city limits.
To preserve peace and tranquility in neighborhoods, public places, and streets within the community. (correct)
To promote industrial development by providing a legal framework for noise regulation.
To generate revenue for the city through noise violation penalties.

Under the ordinance, if excessive sound is emitted from a vehicle, who is initially presumed responsible?

The operator of the vehicle is presumed responsible. (C) Signup and view all the answers

According to the City of Sterling Heights Noise Ordinance, what constitutes 'loud noise'?

Any sound that annoys, disturbs, injures, or endangers the comfort, health, peace, and safety of reasonable persons with ordinary sensibilities. (D) Signup and view all the answers

Under what circumstances can a passenger in a vehicle be held responsible for a sound violation?

If the passenger had constructive dominion and control over the source of the broadcast or aided and abetted the operator. (B) Signup and view all the answers

Which of the following activities is most likely exempt from the sound restrictions?

A street parade with amplified music operating under a valid city permit. (D) Signup and view all the answers

Under what circumstances is sounding a horn or signal device on a motor vehicle permissible according to the City of Sterling Heights Noise Ordinance?

To avoid an accident or collision or other reason allowed by law. (A) Signup and view all the answers

What is the minimum fine for a first-time violation of the city's sound broadcasting ordinance?

$100 (C) Signup and view all the answers

What is the spatial condition for noise determination as outlined in the City of Sterling Heights Noise Ordinance?

Noise levels are to be determined at a distance of at least 50 feet from the source of the noise. (B) Signup and view all the answers

What is the minimum fine for a second violation of the city's sound broadcasting ordinance?

$200 (C) Signup and view all the answers

If a resident is hosting a party with loud music, under what conditions would it NOT be a violation of the City of Sterling Heights Noise Ordinance?

If the music can only be heard inside the resident's home and does not disturb neighbors, or if it is otherwise permitted by the zoning ordinance. (D) Signup and view all the answers

A construction company is operating heavy machinery at 7:00 AM near a residential area. Which section of the listed text is most applicable for determining if this is a violation?

Section 31-3, regarding a general prohibition of loud noise. (B) Signup and view all the answers

In the context of this ordinance, what does 'constructive dominion and control' likely imply regarding a passenger's responsibility for sound violations?

The passenger has the ability to directly influence or manage the sound being broadcast, even if they are not the operator. (A) Signup and view all the answers

A store owner installs a new security alarm that frequently goes off due to malfunctions. According to the City of Sterling Heights Noise Ordinance, is this likely a violation?

Yes, because it could be considered a 'loud noise' that disturbs the peace and safety of reasonable persons. (B) Signup and view all the answers

How does the City of Sterling Heights Noise Ordinance balance individual rights with community peace and order?

By seeking to regulate unnecessary and unreasonable noise that disturbs the tranquility of the community, while recognizing individual rights. (D) Signup and view all the answers

According to the ordinance, what penalties might a person face for a third noise violation?

A fine of at least $300 and up to 90 days in jail. (A) Signup and view all the answers

Which of the following scenarios would be EXEMPT from noise ordinance restrictions?

An ambulance using its siren while transporting a patient to the hospital. (D) Signup and view all the answers

Which of the following activities related to obscenity would be EXEMPT from prosecution under Chapter 34?

A psychologist using sexually explicit material as part of a patient's therapy. (C) Signup and view all the answers

According to Chapter 34, which of the following BEST defines 'specified sexual activities'?

Acts of masturbation, sexual intercourse, or sodomy. (D) Signup and view all the answers

A university professor is teaching a human sexuality course and uses explicit images to illustrate concepts. Under what condition would this professor be EXEMPT from obscenity laws?

If the course is part of an accredited program at a state-approved institution. (D) Signup and view all the answers

A police officer confiscates obscene materials during an investigation. Under what condition is the officer EXEMPT from prosecution related to obscenity laws?

If the officer is acting in their capacity as a participant in the criminal justice system. (C) Signup and view all the answers

Which of the following activities will result in penalties?

A third violation. (C) Signup and view all the answers

According to the document, what MUST be included as punishment for three or more violations?

A fine of $300. (D) Signup and view all the answers

A resident wants to build an extension to their house. According to the noise ordinance, what are the permissible hours for construction if the property is within 30 feet of a residential area?

Between 7:00 a.m. and 9:00 p.m. (D) Signup and view all the answers

A local business wants to promote its grand opening by using a loudspeaker in a residential area. Under what circumstances, if any, is this permitted?

It is generally prohibited, as it's a device used to attract attention to a business. (A) Signup and view all the answers

An individual is operating a motorcycle with a modified exhaust system that creates excessive noise. Which aspect of the noise ordinance is most directly violated?

Engine exhaust regulations. (D) Signup and view all the answers

What is the primary intention of the section regarding mobile sound amplification in the described noise ordinance?

To balance individual rights to listen to music with the public's right to a peaceful environment. (D) Signup and view all the answers

A factory needs to use a steam whistle to signal the start and end of work shifts. Under what conditions is this use acceptable according to the noise ordinance?

It is acceptable for signaling work times or as a warning of danger, or with a special permit from the City Council. (B) Signup and view all the answers

A group of people are loudly singing karaoke on a public street at 10:00 p.m. How does the noise ordinance apply to this situation?

It is prohibited if it annoys or disturbs the quiet of others, especially after 11:00 p.m. (D) Signup and view all the answers

What time does the noise ordinance prohibit 'loud noise which is plainly audible from any public place within the city'?

Between the hours of 11:00 p.m. and 7:00 a.m. (A) Signup and view all the answers

Which of the following activities is LEAST likely to be a violation of the noise ordinance?

Using a standard car horn to warn a pedestrian of immediate danger. (C) Signup and view all the answers

According to section 34-3, what is the minimum number of identical copies of obscene material that constitutes prima facie evidence of intent to distribute?

Three (A) Signup and view all the answers

What is the key criterion used to determine obscenity, according to section 34-4?

Whether the average person, applying community standards, finds it appeals to prurient interest and lacks serious value. (C) Signup and view all the answers

A person is found to be in possession of two identical copies of an obscene book, intending to sell them. Based on section 34-3, what can be inferred?

This constitutes a misdemeanor if other elements of the offense are met, but does not automatically presume intent to sell. (B) Signup and view all the answers

Which factor is explicitly excluded when determining obscenity, according to section 34-4?

Its potential to arouse erotic desires in a particular segment of the community. (C) Signup and view all the answers

A film depicts explicit sexual acts but also contains a complex narrative that some film critics argue has significant artistic merit. How would this film be evaluated under section 34-4?

Its artistic merit would need to be weighed against its explicit content to determine if it lacks serious artistic value when taken as a whole. (C) Signup and view all the answers

According to section 34-3, what actions, other than direct sale, are prohibited regarding obscene material?

Selling, lending, giving away, distributing, showing, or advertising are all prohibited. (A) Signup and view all the answers

What is the legal consequence for violating section 34-3 regarding the publication or sale of obscene material?

A misdemeanor conviction, as provided in § 1-9 of this Code. (A) Signup and view all the answers

A local community adopts a standard that is more restrictive than the average community standard regarding what constitutes 'patently offensive' material. How does this affect the application of section 34-4?

The 'average person' standard, applying contemporary standards from that community, remains the test, regardless of stricter local sentiments. (C) Signup and view all the answers

According to the code, what constitutes a violation regarding the sale of publications?

Requiring a purchaser to accept obscene literature as a condition for reselling other publications. (D) Signup and view all the answers

What is the penalty for violating the code related to requiring acceptance of obscene literature for resale of other publications?

The violator will be punished as provided in § 34-3 of the code. (D) Signup and view all the answers

What age defines a minor, according to the code, concerning the sale or distribution of obscene material?

Under the age of 18 years. (B) Signup and view all the answers

Which of the following actions, if performed knowingly, constitutes a violation of the code regarding obscene material and minors?

Selling or distributing obscene material to a person under the age of 18 years. (D) Signup and view all the answers

What is the prescribed punishment for selling obscene material to minors or intending to introduce such material into a family or school, according to the code?

Punishment will be applied according to § 1-9 of this Code. (C) Signup and view all the answers

According to the code, what element characterizes material that is considered inappropriate for distribution to minors?

Emphasis on matter depicting, describing, or relating to specified sexual activities,. (B) Signup and view all the answers

A bookstore owner is offered a bulk discount on popular novels if they also agree to stock a selection of magazines deemed obscene under § 34-2. If the owner refuses the condition and faces a penalty, what section of the code has been violated by the offering party?

§ 34-5, addressing required acceptance of obscene literature as a condition for resale. (C) Signup and view all the answers

A teacher unknowingly shows a film with sexual content, as defined in § 34-2, to their students. Under which circumstance, as described in the code, would this NOT be a violation?

The teacher was unaware of the content and took immediate action to stop the showing. (B) Signup and view all the answers

Flashcards

City of Sterling Heights Noise Ordinance

The official name of the noise regulations in Sterling Heights.

Purpose of Noise Ordinance

To protect peace, tranquility, and good order within the community.

Loud Noise (definition)

Any sound that annoys, disturbs, or endangers the comfort, health, peace, and safety of reasonable people.

Where Loud Noise Applies

Public streets, parking lots open to the public, public places, churches, hospitals, or occupied buildings not the noise source.