(A) General rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(`87 Code, § 1-3-1)
(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-WEIGHTED SOUND LEVEL.
The sound pressure level in decibels, as measured on a sound level meter, using the a-weighting network in accordance with the sound level measurement criteria set forth in § 130.07(C). The level so read is designated as dBA.
CODE, THIS CODE,
or
THIS CODE OF ORDINANCES.
This municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
COUNCIL.
The Common Council of the Town of Cave Creek, Arizona.
(`87 Code, § 1-3-4)
COUNTY.
Maricopa County, Arizona.
DAY.
The period of time between any midnight and the midnight following.
(`87 Code, § 1-3-5)
DAYTIME.
The period of time between sunrise and sunset.
(`87 Code, § 1-3-6)
DECIBEL (dB).
A unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter), denoted as dB.
DEPARTMENT, BOARD, COMMISSION, OFFICE, OFFICER, or EMPLOYEE.
Whenever any department, board, commission, office, officer, or employee is referred to, it shall mean a department, board, commission, office, officer, or employee of the town unless the context clearly indicates otherwise.
(`87 Code, § 1-3-7)
EMERGENCY VEHICLE.
Vehicles of the Fire, Police, and Public Service Departments and legally authorized ambulances and emergency vehicles of the State of Arizona, Maricopa County, or any political subdivisions thereof, and vehicles of public service corporations.
EMERGENCY WORK.
Any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency, which has or may result in a disruption of service, and which is necessary to protect the health, safety and welfare of persons or property.
IN THE TOWN
or
WITHIN THE TOWN.
Means and includes all territory over which the town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
(`87 Code, § 1-3-9)
JOINT AUTHORITY.
All words purporting to give a joint authority to three or more town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
(`87 Code, § 1-3-10)
Leq.
The constant level that over a given period transmits to the receiver the same amount of acoustic energy as the actual time-elapsed sound.
MAJORITY.
When used in reference to the Town Council means 51% of those members in attendance provided that a quorum of the Council is also present.
(`87 Code, § 1-3-11)
MONTH.
A calendar month.
(`87 Code, § 1-3-12)
MOTOR VEHICLE.
Every self-propelled device in, upon, or by which any person or property is, or may be, transported upon a public highway, excepting devices used exclusively upon stationary rails or tracks and aircraft.
MUFFLER.
A device for abating the sound of escaping gases from an internal combustion engine.
NIGHTTIME.
The period of time between sunset and sunrise.
(`87 Code, § 1-3-6)
NOISE.
The same meaning as "sound pressure level," as hereinafter defined.
OATH.
Includes affirmation or declaration.
(`87 Code, § 1-3-13)
OFFENSIVE NOISE.
Any sound emitted across a property line within any residential or commercial development, and which exceeds the allowable noise level for the zoning district in which it is located.
PERSON.
Shall extend and be applied to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable.
(`87 Code, § 1-3-15)
PERSONAL PROPERTY.
Includes every species of property, except real property as defined in this section.
(`87 Code, § 1-3-16)
PRECEDING
or
FOLLOWING.
The words
PRECEDING
and
FOLLOWING
mean next before and next after, respectively.
(`87 Code, § 1-3-17)
PROPERTY.
Shall include real and personal property.
(`87 Code, § 1-3-18)
REAL PROPERTY.
Shall include lands, tenements, and hereditaments.
(`87 Code, § 1-3-19)
SHALL
or
MAY.
SHALL
is mandatory and
MAY
is permissive.
(`87 Code, § 1-3-20)
SHALL HAVE BEEN.
Includes past and future cases.
(`87 Code, § 1-3-21)
SIGNATURE
or
SUBSCRIPTION.
Includes a mark when the signer cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
(`87 Code, § 1-3-22)
SITE-SPECIFIC SOURCE OF NOISE.
A source of sound found on a specific site or parcel of land, which is confined to that site even though the specific source of the sound generation may be mobile on the site or parcel.
SOUND.
Temporal and spatial oscillation in pressure, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces that causes progressively alternative compression and rarefraction of that medium, and which propagates at finite speed to distant points and can evoke an auditory sensation.
SOUND LEVEL METER.
An instrument, including a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting 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 as produced by sound energy.
SOUND PRESSURE LEVEL.
Twenty times the logarithm to the base ten of the ratio of RMS sound pressure to the reference pressure of 20 micropascals (20 x 10-n/m). The
SOUND PRESSURE LEVEL
is denoted LP or SPL, and is expressed in decibels (dBA).
STATE.
The State of Arizona.
(`87 Code, § 1-3-23)
SUBCHAPTER.
A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
TENANT
or
OCCUPANT.
When applied to a building or land shall include any person holding a written or an oral lease or who occupies the whole or part of such building or land, either alone or with others.
(`87 Code, § 1-3-24)
WRITTEN.
Any representation of words, letters, or figures, whether by printing or otherwise.
YEAR.
A calendar year, except where otherwise provided.
(`87 Code, § 1-3-31)
(Am. Ord. O-2005-02, passed 2-22-05; Am. Ord. O-2007-02, passed 3-19-07)
Statutory reference:
Definitions and construction of statutes generally, see A.R.S. §§ 1-211 through 1-215