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When used in this chapter, the following terms have the stated definitions:
“Air handling unit” means any device or machine that as part of its function moves air into or out of a building, and includes but is not limited to any air conditioner, ventilation fan or exhaust fan.
“Ambient noise level” means the sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of a source or sources under investigation for violation of this Code.
“Average conversational level” means a level at which normal, unamplified speech is clearly and distinctly audible above ambient noise level.
“District” means those districts established by the City Zoning Ordinance ( Title 17 of this Code).
“Mechanical stationary source” means any machine or device operated by fuel or electric power that does not change locations in the course of its use, including but not limited to air handling units and refrigeration units. Mechanical stationary sources include sources on vehicles or trailers, including but not limited to generators, used when the vehicle or trailer is parked.
“Noise disturbance” means any sound which is audible at a distance of 600 feet or more from the source.
“Private open space” means any area on private property that is open to the outdoors, including but not limited to backyards, front yards, gangways and structures with windows and/or doors open to the outdoors.
“Public way” means any sidewalk, street, alley, highway or other public thoroughfare.
“Refrigeration unit” means any device or machine that as part of its function cools air, and includes but is not limited to any air conditioner or compressor used in connection with any refrigerator or freezer.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
Notes
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The superintendent of police is authorized to adopt such rules and regulations as he may deem appropriate for the proper administration and enforcement of the provisions of this chapter, except section 8-32-090.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
(a) Unless otherwise specifically provided, a violation of the provisions of this chapter is subject to a fine of $300.00 for a first offense, $500.00 for a second offense committed within a one-year period, and $1,000.00 for a third or subsequent offense committed within a one-year period.
(b) The superintendent of police, or the superintendent's designee, may require any person found liable for a violation of this chapter to submit a compliance plan, indicating measures taken or to be taken to prevent similar violations in the future. Any such request must be responded to within 30 days, or such other time period as is set forth in the request. Failure to respond as requested shall be deemed an additional offense.
(c) If a person has submitted a compliance plan pursuant to subsection (b) of this section, and the compliance plan has been approved by the superintendent, that person shall comply with the approved compliance plan unless an alternate plan is approved by the superintendent.
(d) Nothing in this chapter shall be construed to impair any cause of action or legal remedy therefor of any person or the public for injury or damage arising from the emission of noise or earthshaking vibration in such place or manner, or at such levels, as to constitute a common law nuisance.
(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)
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