The following words and phrases shall have the
following meanings:
COMMERCIAL AREA
A group of commercial facilities and the abutting public
rights-of-way and public spaces.
COMMERCIAL FACILITY
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
A.
Banking and other financial institutions.
C.
Establishments for providing retail services.
D.
Establishments for providing wholesale services.
E.
Establishments for recreation and entertainment.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding 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 to 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.
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
or sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions.
GROSS VEHICLE WEIGHT RATING (GVWR)
The values 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, shall be used.
INDUSTRIAL FACILITY
Any activity and its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods.
MOTORCYCLE
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including,
but not limited to, motor scooters, mopeds and minibikes.
MOTOR VEHICLE
Any vehicle that is propelled or drawn on land by an engine
or motor, such as, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious craft on
land, dune buggies or racing vehicles, but not including motorcycles.
MUFFLER
A sound dissipative device or system for abating the sound
of escaping gases of an internal combustion engine.
NOISE
Any sounds of such level and/or duration as to be or tend
to be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property, but excludes all
aspects of the employer-employee relationship concerning health and
safety hazards within the confines of a place of employment.
NOISE CONTROL ADMINISTRATOR
The noise control officer designated as the official liaison
with all municipal departments, empowered to grant permits for variances.
NOISE CONTROL OFFICER
An officially designated employee of the municipality, of
a group of municipalities or of the county, trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
NOISE DISTURBANCE
Any sound that endangers the safety or health of any person,
or disturbs a reasonable person of normal sensitivities, or endangers
personal or real property.
PERSON
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned or controlled by a governmental entity.
PUBLIC SPACE
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
REAL PROPERTY LINE
An imaginary line, including its vertical extension, that
separates one parcel of real property from another.
RESIDENTIAL AREA
A group of residential properties and the abutting public
rights-of-way and public spaces.
RESIDENTIAL PROPERTY
Property used for human habitation, including, but not limited
to:
A.
Private property used for human habitation.
B.
Commercial living accommodations and commercial
property used for human habitation.
C.
Recreational and entertainment property used
for human habitation.
D.
Community service property used for human habitation.
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 LEVEL METER
An instrument used to measure sound level and which conforms
to Type 1 or Type 2 standards as specified by ANSI Specification S1.4-1971.
WEEKDAY
Any day, Monday through Friday, that is not a legal holiday.
[Amended 2-2-1989 by Ord. No. 8903; 1-9-1997 by Ord. No. 9616]
A. Any person who violates any provision of this chapter
shall be subject to a penalty for each offense not more than $1,000.
B. Any person who willfully or knowingly violates any
provision of this chapter shall be subject to a penalty for each offense
of a sum of not more than $1,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. In addition to or as a substitute for the previously
mentioned fine, the imposition of community service shall be authorized
as an additional penalty, which community service shall not exceed
90 days.
No provisions of this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.
If any provision of this chapter is held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of this chapter shall not be
invalidated.