For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“BONA FIDE.” Made in good faith, without fraud or deceit, a state of mind consisting in:
(1) Honesty in belief or purpose;
(2) Faithfulness to one's duty or obligation;
(3) Observance of reasonable commercial standards of fair dealing in a given trade or business; or
(4) Absence of intent to defraud or to seek unconscionable advantage.
“CONSTRUCTION OR DEMOLITION ACTIVITY.” The erection (including excavation), demolition, alteration, or repair of any building, structure or roadway, or any utility related construction, for which all necessary and proper governmental permits have been obtained.
“HIGHWAY.” Any road, street, avenue, alley, boulevard, lane, court, bridge, viaduct, or trestle, and the approaches to them.
“NOISE.” The intensity, frequency, duration, and character of sound or sounds from a source or sources.
“PARKING LOT.” Any off-street parking facility for public use, and the approaches to same, whether publicly or privately owned, and shall include, but not be limited to: parks, shopping centers, restaurants, entertainment centers, taverns, car washes, banking or financial institutions, whether publicly or privately owned, operated or controlled.
“PERSON.” Any person, firm association, partnership, joint venture, corporation or any private entity of any nature.
“PLAINLY AUDIBLE.” Capable of being distinctly heard by a person with normal hearing.
“ROADWAY.” That portion of the highway designed for ordinary use for vehicular travel, including the berm, shoulder or any public property adjacent thereto.
“UNREASONABLE PERIOD OF TIME.” A period of time in excess of that necessary to accomplish:
(1) A danger warning with a horn or other audible signaling device; or
(2) The preservation or protection of property or the life, safety or welfare of a person or persons by use of an audible signaling device.
“UNREASONABLY LOUD, HARSH, OR EXCESSIVE NOISE.” Any noise plainly audible at a distance of 50 feet from its point of origination or emanation.
“VEHICLE.” Any machine or device in, on, or by which, any person or property is or may be transported or drawn on any highway, roadway or parking lot.
(Ord. 2018-O-15, passed 11-12-18)