All terminology not specifically defined in
this section shall be in conformity with applicable publications of
the American National Standards Institute (ANSI) or its successor
body. In addition, as used in this chapter, the following terms shall
have the meanings indicated:
AMBIENT NOISE LEVEL
The sound pressure level of the all-encompassing noise associated
with a given environment, usually being a composite of sounds from
many sources, and/or the A-weighted sound pressure level exceeded
90% of the time/L90 based on a one-hour period.
A-WEIGHTED SOUND PRESSURE LEVEL
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network. The level so read shall
be designated "dB(A)" or "dBA."
CONTINUOUS NOISE
A steady, fluctuating or impact noise which exists, essentially
without interruption, for one hour or more.
CYCLICALLY VARYING NOISE
A steady, fluctuating or impulsive noise which may or may
not contain a pure tone and which varies in sound pressure level such
that the same level is obtained repetitively at reasonably uniform
intervals of time.
DECIBEL
A logarithmic (dimensionless) unit of measure often used
in describing the amplitude of sound. Decibel is denoted "dB."
DEVICE
Any mechanism which is intended to produce or which actually
produces noise when operated or handled.
EMERGENCY VEHICLE
A motor vehicle used in response to a safe condition following
a public calamity or to protect persons or property from imminent
danger.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities or work
required to protect persons or property from an imminent exposure
to danger.
FLUCTUATING NOISE
A noise for which the sound pressure level varies more than
six dB(A) during the period of observation when measured which does
not equal the previously existing ambient noise level more than once
during the period of observation.
MOTOR VEHICLE
Any vehicle which is propelled or drawn by mechanical equipment,
including, but not limited to, passenger cars, trucks, truck trailers,
semi-trailers, campers, motorcycles, minibikes, go-carts, snowmobiles,
amphibious craft on land, dune buggies or racing vehicles.
MUFFLER
Any apparatus consisting of baffles or chambers of acoustical
absorbing materials whose primary purpose is to transmit liquids or
gases while causing a reduction in sound emission at one end.
NOISE
Any sound which is unwanted or which causes or tends to cause
an adverse psychological effect on human beings.
NOISE DISTURBANCE
Any sound which annoys, disturbs or perturbs reasonable persons
with normal sensitivities, or any sound which injures or endangers
the comfort, repose, health, hearing, peace or safety of another person.
PERSON
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of the United States, a state or any political subdivision of a state.
PLAINLY AUDIBLE NOISE
Any noise for which the information content of that noise
is unambiguously communicated to the listener, including, but not
limited to, understandable spoken speech or comprehensible rhythms.
POWERED MODEL VEHICLES
Any powered vehicle, either airborne or land-borne, which
is not designed to carry persons or property, including, but not limited
to, model airplanes, boats, cars or rockets, and which can be propelled
by mechanical means.
PROPERTY BOUNDARY
Any imaginary line at the ground surface, and its vertical
extension, which line separates the real property owned by one person
from that owned by another person.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, alley or similar
place which is owned or controlled by a public governmental entity.
PURE TONE
Any noise which can be distinctly heard as single pitch or
as a set of single pitches. For the purpose of measurement, a pure
tone exists when the 1/3 octave band sound pressure level of the tone
exceeds the arithmetic average of the sound pressure levels of the
two contiguous 1/3 octave bands by five dB for frequencies of 500
hertz and above, by eight dB for frequencies between 160 and 400 hertz
and by 15 dB for frequencies less than or equal to 125 hertz.
REPETITIVE IMPULSIVE NOISE
Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates such that a sound level meter
set at fast meter characteristics will show changes in sound pressure
level greater than two dB(A).
SOUND
A temporal and spatial oscillation in pressure or other physical
quantity, in a medium with internal forces, that causes compression
and rarefaction of that medium and that propagates at finite speed
distance points.
SOUND LEVEL METER
An instrument, which includes a microphone, amplifier, RMS
detector, integrator or time averager, output meter and weighing networks,
used to measure sound pressure levels.
SOUND PRESSURE
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space.
STATIONARY EMERGENCY SIGNALING DEVICE
Any device, excluding a device attached to a motor vehicle,
used to alert persons engaged in emergency operations. These include,
but are not limited to, firefighters, first-aid squad members and
law enforcement officers, whether paid or volunteer.
STATIONARY NOISE SOURCE
Any device, fixed or movable, which is located or used on
geographically defined real property, other than a public right-of-way.
STEADY NOISE
A sound pressure level which remains essentially constant
during the period of observation, i.e., the fluctuations are too small
to meet the criterion for fluctuating noise.
The operation or maintenance of any noise source
in violation of any of the provisions of this chapter shall be deemed
to be a public nuisance and may be subject to abatement summarily
by a restraining order or injunction issued by a court of competent
jurisdiction or in any other manner available for the abatement of
public nuisances.
Whoever violates or fails to comply with any
of the provisions of this chapter shall be fined not less than $25
nor more than $300 or imprisoned not more than 30 days, or both, for
each offense. A separate offense shall be deemed committed each day
during or on which a violation or noncompliance occurs or continues.