For the purpose of this chapter, 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. The level so read is designated dB(A).
Classification of use occupancies.
(1) Use occupancies shall be as follows:
Agricultural. All premises which are bona fide farms or which are characterized by farming activities as the primary use of the premises.
Commercial or business. All premises where sales, professional or other commercial activities are legally permitted, except that residences with lawful home occupations are considered residential.
Manufacturing or industrial. All premises where goods or wares are made, warehoused or stored or where manufacturing is legally permitted.
Public space. Any area owned, utilized or occupied by a municipal, county, state or federal agency, including but not limited to park or recreation areas, streets and sidewalks, and the campus of East Carolina University.
Residential use. All premises containing habitually occupied sleeping quarters. However, premises containing transient commercial sleeping quarters are considered commercial uses. Hospitals, nursing homes, schools, libraries, fraternity and sorority houses, and churches are considered “residential uses.”
(2) In classifying uses under this section, the zoning classification of an area may be considered; however, the actual use of premises shall control when the use and the zoning classification conflict. Any area not otherwise classified under this section shall be considered commercial.
(3) In case of multiple use the more restrictive use category shall prevail.
Decibel (DB). A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.
Emergency work. Any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an existing or imminent peril.
Fraternity house/sorority house. A building occupied by and maintained exclusively for college or university students who are affiliated with a social, honorary or professional organization which is chartered by a national fraternity or sorority order and which is recognized by the administration of East Carolina University or by any other institution of higher education located in Pitt County.
Holiday. For the purposes of this chapter, the following days will be recognized as “holidays” for the purpose of granting permits to exceed maximum sound level: St. Patrick’s Day, Memorial Day, Independence Day, Labor Day, Halloween and December 31.
Muffler. An apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus.
Night-time. That time commencing at 11:00 p.m. on one day and ending at 7:00 a.m. the next day or, if using the 24-hour clock, from 2300 - 0700.
Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Outdoor amplified sound. Any sound using amplifying equipment, whose source is outside or whose source is inside and the sound propagates to the outside through open doors or windows or other openings in the building.
Owner of real property. The owner or listing owner of real property as defined in G.S. 105-302.
Person. Any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality of the United States, the state or any political subdivision thereof.
Plainly audible. Any sound that can be clearly heard at a distance of 75 feet or more. Measurement standards shall be the auditory senses, based upon the direct line of sight. Words or phrases need not be discernible and bass reverberations are included.
Slow response. A measuring technique to obtain an average value when measuring a noise level that fluctuates over a range of four dB or more. By way of illustration only, a sound level meter set on “slow response” would record a sound level between two and six decibels less than the reading for a steady signal of the same frequency and amplitude when a tone of 1,000 Hz and for a duration of 0.5 second is applied.
Sound. 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.
Sound amplification system. Any radio, tape player, compact disc player, loud speaker or other electronic device used for the amplification of sound.
Sound level. The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971 or the latest approved version thereof). If the frequency weighting employed is not indicated, the A-weighting shall also apply.
Sound level meter. An instrument which includes a microphone, amplifier, RSM detector, integrator or time averager, output meter and weighting network used to measure sound pressure levels.
Sound pressure level. Twenty times the logarithms to the base 10 of the ratio of the root mean squared (RMS) sound pressure to the reference pressure of 20 micronewtons per square meter.
Sound source. Any person, animal, device, operation, process, activity or phenomenon, which emits or causes sound.
Tenant. One who resides on or has the temporary use or occupation of real property owned by another person. In the case of residential property, “tenant” shall be construed to mean any individual actually residing at the residential location, whether the person is listed on a lease or not.
Unnecessary noise. Any excessive or unusually loud sound or any sound which disturbs the peace and quiet of any neighborhood or which does annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of ordinary sensibilities or causes damage to property.
(Ord. No. 05-108, passed 9-8-2005)