For the purpose of this chapter, the following definitions shall
apply:
A-WEIGHTED SOUND LEVEL
The sound pressure level measured with a meter using an "A-Weighted"
frequency response as prescribed by the American National Standards
Institute (ANSI), or its successor. A-Weighting is used to approximate
the average human ear's response to a range of sound frequencies.
AMBIENT NOISE
The background average noise level within an area exclusive
of any extraneous sounds.
CALIBRATION
The checking of the calibration of the microphone and electronics
of a sound level measuring device using an appropriate calibrator
traceable to National Institute of Standards and Technology (NIST)
criteria.
CLASS A (RESIDENTIAL)
Lands and structures which are used by people for living
and sleeping overnight on a regular basis. This class shall include
lands within the RMF, R-20, R-40, R-60, R-80, R-160, and LTW Zoning
Districts.
CLASS B (RETAIL/COMMERCIAL)
Lands intended primarily for retail and commercial uses.
"Class B" shall include lands within the RC, RC-2, NB, GC, HC, SR-6
and SR-22 Zoning Districts.
[Amended 4-21-2022 by L.L. No. 2-2022]
COMMERCIAL OPERATION
Any business or commercial activity that involves the purchase
or utilization of goods or services.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembly, alteration, or equipping of buildings, public or private
highways, roads, premises, parks, utility lines or other property.
Construction shall include the excavation, clearing, filling or grading
of land or the placement or removal of earth, stone or building material
of any kind, whether or not the work involves the use of machinery
or power tools. The term "construction" shall not mean the performance
of necessary emergency repairs.
[Amended 4-21-2022 by L.L. No. 2-2022]
DAYTIME
From 7:00 a.m. to 8:00 p.m.
DBA
The abbreviation for A-weighted sound level in decibels.
DEVICE
Any machine, mechanism, or equipment which is intended to
or which actually produces sound or vibration.
DISCRETE TONE
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time. Such sound wave may exist
alone or as a component of a complex sound wave.
EMERGENCY
A public calamity, utility services failure, or an exposure
of any person or property to actual or immediate danger.
EMERGENCY OPERATIONS
The operation or parking of an authorized emergency vehicle,
when such vehicle is engaged in response to an emergency. "Emergency
operations" shall not include return from such service.
EMERGENCY WORK
The work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewer, or telephone services.
EQUIVALENT SOUND PRESSURE LEVEL (Leq)
The steady sound level that, over a specified period of time,
would produce the same energy equivalence as the fluctuating sound
level actually occurring.
FAST RESPONSE
The characteristics of a sound level meter which allows for
accurate measurement of impulsive sound such as horn blasts, firearm
discharge or vehicle pass-by.
IMPULSIVE SOUND
A sound characterized by excursions of the sound pressure
which exceed the ambient sound, by six or more decibels, but last
two seconds or less.
INDUSTRIAL OPERATION
The production, fabrication, and storage of manmade goods,
and the production, transformation and storage of energy in all forms.
L1
The sound pressure level that is exceeded 1% of the time
during the measurement period.
[Added 4-21-2022 by L.L.
No. 2-2022]
LEQ
See "equivalent sound pressure level".
LEQ(1hr)
The Leq noise level for a specific one-hour period.
MAXIMUM SOUND LEVEL
The recorded or noted maximum RMS (root-mean-square) sound
pressure level noted using an instrument which meets the requirements
of the ordinance.
(1)
Maximum impulsive sound level shall be measured using the "fast
response" setting.
(2)
Maximum continuous sound level shall be measured using the "slow
response" setting.
NOISE DISTURBANCE
Any sound which:
[Added 4-21-2022 by L.L.
No. 2-2022]
(1)
Is of a kind or nature that has the reasonable possibility of
endangering or injuring the safety or health of humans or animals;
or
(2)
Intends to cause public inconvenience, annoyance or alarm that
a person of normal sensitivities would not tolerate; or
(3)
Endangers or injures personal or real property.
OUTDOOR AMPLIFIED NOISE
Any sounds that are projected mechanically or electronically
from a property to other properties, including announcements, music,
or entertainment.
[Added 4-21-2022 by L.L.
No. 2-2022]
OWNER
Any person who has regular control of a device or site, including,
but not limited to, the owner freehold of the premises or lesser estate
therein, or an agent of such person.
PERSON
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust, estate,
group of individuals, or any other legal entity whatsoever.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is outdoor amplified noise from a home stereo system,
the Code Enforcement Officer or responding law enforcement officer
need not determine the title of a song, specific words, or the artist
performing the song. The detection of the rhythmic base component
of the noise is sufficient to constitute a plainly audible sound.
[Added 4-21-2022 by L.L.
No. 2-2022]
PUBLIC HIGHWAY
Any highway, road, street, avenue, alley, public driveway,
or any other public way.
PUBLIC PLACE
Any real property or structures thereon which are owned or
controlled by a governmental entity.
REAL PROPERTY BOUNDARY
An imaginary line exterior to any structure, along the ground
surface, which separated the real property owned by one person from
that owned by another person, and the vertical extension of such line.
RECEIVING LAND
The property line of the real property where the sound is
being heard, and where appropriate level of restrictions apply. In
the case of an apartment, townhouse, or condominium, the point-of-measurement
is within the affected unit.
SOUND LEVEL
The quantity, in decibels, measured using an instrument satisfying
the requirements of ANSI S1.4-1983 (R2006). "Sound level" is the frequency-weighted
(see "A-weighting") or one-third-octave band sound pressure level
obtained with "fast" or "slow" response.
[Amended 4-21-2022 by L.L. No. 2-2022]
SOUND LEVEL METER
An instrument designed to detect and measure sound pressure
levels and display this information in decibels, in an analog or digital
form. An instrument meeting the requirements of this code shall conform
to the requirements of ANSI S1.4-1983 (R2006), Type 1 or Type 2.
UNREASONABLE NOISE
Any sound which by reason of its duration, intensity, or
the hour of the day or night inappropriately interferes with the quiet
enjoyment and repose of nearby properties and the reasonable expectations
of privacy of inhabitants of such properties as determined by the
Code Enforcement Officer or responding law enforcement officer. Any
sound that exceeds the noise thresholds of this chapter shall be considered
unreasonable noise.
[Added 4-21-2022 by L.L.
No. 2-2022]