§ 26-101. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A-weighted noise level (dBA) means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA."

Commercial area means and used primarily for the rental or sale of merchandise or goods, or for the performances of a service, or for office or clerical work.

Completely enclosed building shall mean a structure separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action, excluding demolition, for or on public or private rights-of-way, structures, utilities or similar property.

Decibel means a measure of a unit of sound pressure. Sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low). Thus, an A-weighted filter, constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches shall be used on any sound level measurements required by this article. Accordingly, all measurements are expressed in dBA to reflect the use of this A-weighted filter.

Demolition means any dismantling, intentional destruction or removal of structures from the utilities, public or private right-of-way surfaces, or similar property surfaces, and shall also include site clearing or land clearing.

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage that demands immediate action; any work performed for the purpose of preventing or alleviating any actual or threatened emergency.

Emergency work means any work required to restore property to a safe condition following an emergency, or work required to protect persons or property from exposure to imminent danger or damage.

Entertainment shall include live vocalists, musicians, disc jockeys (whether speaking or not), comedians, karaoke, performers (paid or otherwise, including contestants) and the like, provided at a bar, restaurant, nightclub or other similar commercial establishment also providing food or beverages.

Entertainment, indoors shall mean entertainment within a completely enclosed building with windows closed and doors opened only for purposes of normal ingress and egress.

Entertainment, outdoors shall mean entertainment not within a completely enclosed building. This definition shall include any entertainment broadcast outside a completely enclosed building, or entertainment occurring when windows are open or doors are open for purposes other than normal ingress or egress.

Exhaust means the discharge into open air of the exhaust gas of any internal combustion or steam engine.

Loud and raucous noise means any sound that, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace, tranquility or safety of reasonable persons of ordinary sensibilities.

Multi-family dwelling means a building or other shelter which has been divided into three or more separate dwelling units, including, but not limited to, apartments, triplexes, and condominiums.

Noise means any sound which annoys or disturbs humans, or which causes or tends to cause an adverse psychological or physiological effect on humans, including low frequency vibrations such as caused by amplification of bass instrument sounds.

Noise disturbance means sound which:

(1)

Is or may be harmful or injurious to the health or welfare of a reasonable person with normal sensitivities, or:

(2)

Is unreasonable or disturbing because it interferes with the enjoyment or normal conduct of life, property or outdoor recreation;

(3)

Is loud and raucous due to its volume, character, duration, time of occurrence, or the number of persons affected, regardless of its source or content; or

(4)

Causes noise pollution as defined below.

Noise pollution means the presence of noise in excessive or unnecessary amount, or of such duration, wave frequency, or intensity as to be injurious to human life or property, or which unreasonably interferes with the comfortable enjoyment or normal activities of life, property, or other conduct of business.

Parkland means land that is used primarily for public recreational activities.

Person means any individual, natural person, public or private corporation, firm, association, joint venture, partnership, or any other entity whatsoever or any combination of such, jointly and severally.

Property boundary means:

(1)

The imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented, or leased by one person from that owned, rented, or leased by another person.

(2)

The vertical and horizontal boundaries of any individual dwelling unit located within a multi-unit or multi-family structure.

Public nuisance means that which:

(1)

Tends to annoy the community or injure the health of the citizens in general, or;

(2)

Annoys and disturbs one in possession of his property, rendering its ordinary use or occupation physically uncomfortable, or;

(3)

Gives offense to the senses and obstructs the reasonable and comfortable use of property, or;

(4)

Anything that essentially interferes with the enjoyment of life or property.

Public right-of-way means any street, avenue, boulevard, lane, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a governmental entity or which has been dedicated to use or access for the benefit of the public or adjacent property owners.

Public space means any real property or structure thereon which is normally accessible to the public.

Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches. Pure tones are characterized by a sinusoidal waveform. For the purposes of measurement, a pure tone shall exist if the one-third octave bond sound pressure level in the band with the tone exceeds arithmetic value of the sound pressure levels of the two contiguous one-third octave bands by five dB.

Receiving land means land area neighboring or in the vicinity of a sound source, and on or at which the sound emanating from the sound source is audible to the normal human ear.

Residential area means land uses that are primarily for living or sleeping, and including parkland, schools, nursing homes, or any land use which is not commercial or industrial.

Short duration means any sound with duration of less than 30 seconds.

Sound means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.

Violator means the person, natural or otherwise, in violation of this Code, including any approved ordinances not yet codified. Examples include, but not be limited to, the owner of the property where the violation occurs, or the person in responsible charge of the property where the violation occurs, such as a tenant, occupant, or property manager, or the person actually causing the violation on the property, regardless of whether the person is an owner or in charge.

Weekday means any day, Monday through Friday, but not including a legal holiday.

Warning device means a sound-emitting device used to alert and warn people of an existing or imminent danger or for the purpose of passing information to a person or a matter concerning and directly relating to the protection of the health, safety and welfare.

(Ord. No. 91-269, § 1, 5-9-1991; Ord. No. 13-436, § 2, 3-20-2014 )

Cross reference

Definitions generally, § 1-2.