As used in this chapter, the following terms shall have the meanings
indicated:
A-WEIGHTED SOUND LEVEL [dB(A)]
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network slow response. The level
so read is designated "dB(A)."
ACTIVITY
Any act or combination of acts which causes the production
of sound.
AIR-CONDITIONING AND AIR-HANDLING DEVICE
Any device that is designed to be used or is actually used
to cool, move or condition air, including but not limited to air conditioners,
cooling towers, fans and blowers.
AMBIENT NOISE
The all-encompassing background noise level associated with
a given environment, being usually a composite of sounds from many
sources.
AUDIBLE
A sound level which exceeds the background sound level by
at least five dB(A).
BUILDING APERTURE
Any designated opening in a building to which a person may
reasonably have access, including but not limited to any door, gate,
window, skylight or hatch.
BUSINESS AREAS
Those areas zoned as such by the Code of the Incorporated
Village of Lindenhurst.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks utility lanes or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping, but not including agriculture.
CONTAINER
Any receptacle, regardless of contents, manufactured from
wood, metal, plastic, paper or any material whatsoever, including
but not limited to any barrel, basket, bale, box, crate, tub, bottle,
can or refuse container.
DECIBEL (dB)
A unit for measuring the pressure level of a sound. For the
purpose of this chapter, the standard reference pressure stated herein
will be used to assure a consistent and standard reference for measuring
sound. The sound pressure level measured in decibels is equal to 20
times the logarithm to the base 10 of the ratio of the effective pressures
of the sound measured to the reference pressure, such reference pressure
being 20 micropascals (20 micronewtons per square meter).
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, should be used.
IMPULSIVE SOUND
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
INDUSTRIAL AREAS
Those areas zoned as such by the Code of the Incorporated
Village of Lindenhurst.
L10
The A-weighted sound level, measured with slow response,
that is exceeded 10% of the time in a one-hour interval or equivalent
thereof.
L90
The A-weighted sound level, measured with slow response,
that is exceeded 90% of the time in a one-hour interval or equivalent
thereof.
MOTORBOAT
Any vessel which operates on the water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
craft, water-ski towing devices and hovercraft.
OFF-ROAD RECREATIONAL VEHICLE
Any vehicle which is propelled by any power other than muscular
power that is designed for or capable of cross-country travel, such
as a go-cart, motorcycle, trail-bike or minibike, commercial or noncommercial
racing vehicles and dune buggies.
OWNER
Any person who has regular control of a device or site, including
but not limited to the owner of the freehold of the premises or lesser
estate therein or mortgage thereof, or an agent of such person.
PEAK SOUND PRESSURE LEVEL
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
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.
RESIDENTIAL AREAS
Those areas zoned as such by the Code of the Incorporated
Village of Lindenhurst.
SOUND
Any variation in ambient barometric pressure.
SOUND LEVEL METER
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks, for the measure of sound levels.
SOUND PRESSURE LEVEL
The weighted sound pressure level in decibels obtained by
the use of a sound level meter and frequency-weighting network, such
as A, B or C. If the frequency weighting employed is not indicated,
the A-weighting slow response shall apply.
SOUND REPRODUCTION DEVICE
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public address system or any other sound-amplifying device.
SOUND SIGNAL DEVICE
Any device that is designed to be used or is actually used
to produce a sound signal, but not spoken language, including but
not limited to any horn, whistle, bell, gong, siren, rattle, clapper,
hammer, drum or air horn.
SOUND SOURCE
Any activity or device whatsoever that produces sound.
SOUND SOURCE SITE
A parcel of land or a tract of land consisting of two or
more parcels, which includes all contiguous land and water areas under
the ownership or control of a person in or upon which one or more
sound sources are located. The sound source site includes all individual
sound sources that are located on such site, whether stationary, movable
or mobile. A sound source site is created by the installation of one
or more sound sources thereon.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable noise"
exists in a given situation include but are not limited to the following:
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or man-made.
(5)
The volume and intensity of the background noise, if any.
(6)
The proximity of the noise to residential dwellings.
(7)
The nature and the zoning district of the areas within which
the noise emanates.
(8)
The time of the day or night the noise occurs.
(9)
The time duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.