As used in this chapter, the following terms shall
have the meanings indicated:
AGRICULTURAL ACTIVITIES
Enterprises or activities which are carried out or operated
on-site principally for financial gain for the production and sale
of agricultural, horticultural, forest or other products of the soil
or water, including but not limited to, fruits, vegetables, eggs,
dairy products, meat and meat products, poultry and poultry products,
fish and fish products, grain and grain products, honey, nuts, preserves,
maple sap products, apple cider, fruit juice, wine, ornamental or
vegetable plants, nursery products, flowers, firewood and Christmas
trees.
BUSINESS AND BUSINESS TRANSITIONAL PROPERTY
Any property currently or hereinafter located in, zoned or classified as business or business transitional district according to the Code of the Town of Ontario, Chapter
150, and the Zoning Map of the Town of Ontario.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
DECIBEL (dB)
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm of the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals)
abbreviated "dB."
EMERGENCY WORK
(1)
Any work or action necessary to deliver essential
services, including but not limited to repairing water, gas, electricity,
telephone, television, internet, septic systems, sewer facilities,
public transportation, and removing fallen trees on public rights-of-way.
(2)
The work or activity that is necessary to prevent
or recover from an emergency, or disaster, or life-threatening condition,
or to secure property against imminent damage from weather or acts
of God.
(3)
The operation or parking of an authorized emergency
vehicle when such vehicle is engaged in transporting a sick or injured
person, responding to or working or assisting at the scene of an accident,
disaster, public call, alarm, or fire, or any other emergency.
INDUSTRIAL PROPERTY
Any property currently or hereinafter zoned or classified as an industrial district, business, or business transitional according to the Code of the Town of Ontario, Chapter
150, and the Zoning Map of the Town of Ontario.
NOISE
Any airborne sounds of such level, frequency of occurrence
and duration as to be or tend to be injurious to human health or welfare
or that would unreasonably interfere with the enjoyment of life or
property.
NOISE CONTROL ADMINISTRATOR
The Town of Ontario Code Enforcement Officer, his or her
agent and/or designee, which shall include the police, their assistants,
deputies and/or officers.
[Amended 11-23-2015 by L.L. No. 5-2015]
PERSON
Any natural person or individual; partnership, limited or
general; corporation, business, municipality, professional or not-for-profit
organization; estate and/or trust; government, state or federal, including
any of their agencies or subdivisions.
PROPERTY LINE
The imaginary line, including its vertical extension that
separates one parcel of property owned or controlled by one person
from that owned and controlled by another person, including intrabuilding
property divisions.
RECREATIONAL MOTOR VEHICLES
Motorcycles, minibikes, trail bikes, all-terrain vehicles,
snowmobiles, and other motorized two- three- and four-wheeled vehicles
and similar vehicles and devices designed for operation primarily
for off-highway use.
RESIDENTIAL PROPERTY
Any property currently or hereinafter located in, zoned or classified as rural, suburban-residential, urban-residential, and planned unit development according to the Code of the Town of Ontario, Chapter
150, and the Zoning Map of the Town of Ontario.
SOUND LEVEL
The sound pressure level measured in decibels with a sound
level meter set for A-weighting. Sound level is expressed in dBA.
SOUND PRESSURE LEVEL
The level of a sound measured in decibel units with a sound
level meter, which has a uniform response over the band of frequencies
measured.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound, whether
made verbally or mechanically, which creates inconvenience, annoyance,
alarm, disturbance or offense or recklessly creates a risk of the
foregoing. The determination of whether a particular noise is unreasonable
shall consider criteria including these:
(2)
The frequency of the noise.
(3)
The duration of the noise.
(4)
Whether the nature of the noise is usual or
unusual in the context of ordinary human experience.
(5)
The volume and intensity of the ambient noise,
if any.
(6)
The proximity of the noise to property line.
(7)
The nature of the zoning district from within
which the noise emanates.
(8)
The time of the day or night the noise occurs.
(9)
Whether the noise is temporary.