(A) Terminology standards. All terminology used in this chapter not defined below shall be in conformance with applicable American National Standards Institute Publications, including but not limited to S1.1-1960, R 1971, or those from its successor publications or bodies.
(B) Definitions. For the purpose of this chapter, certain words and phrases used herein are defined as follows:
AGRICULTURAL PROPERTY. A parcel of real property of not less than 10 contiguous acres in size which is undeveloped for any use other than agricultural purposes.
COMMERCIAL AREA. A parcel of real property zoned commercial or one on which a nonconforming commercial business is located.
COMMERCIAL BUSINESS. Any business paying occupational license fee taxes.
CONSTRUCTION. Any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of public or private rights-of-way, structures, utilities or similar property.
CONTINUOUS SOUND. Any sound which exists, essentially without interruption, for a period of 10 minutes or more.
DECIBEL (dB).
(a) A unit for describing the loudness of sound. Zero
DECIBELS is the threshold of human hearing. Ten decibels is 10 times as loud as zero, 20 decibels is 100 times as loud as zero, and 130 decibels is the threshold of pain. Example: Normal voice conversation occurs at 60 dB.
(b) These decibel levels may be used as a reference in judging various noise levels:
1. Rock concerts: 140 dB;
2. Car/motorcycle: 120 dB;
3. Woodworking machinery: 100 dB;
4. Lawn mower: 90 dB;
5. Traffic noise: 80 dB; and
6. Whisper: 20 dB.
DEMOLITION. Any dismantling, intentional destruction or removal of structures, utilities public or private right-of-way surfaces or similar property.
DESIGNATED ENFORCEMENT OFFICER. The officers of law enforcement within whose jurisdiction enforcement of this chapter is required.
DEVICE. Any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
DIRT BIKE. A lightweight motorcycle designed for use on rough surfaces, such as dirt roads or trails.
DOMESTIC ANIMAL. Any animal except a human being converted to domestic habitat.
EMERGENCY. Any occurrence or set of circumstances, involving actual or imminent physical trauma or property damage, which demands immediate action.
EMERGENCY VEHICLE. An emergency vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger.
EMERGENCY WORK. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
FARM. A tract of land devoted to agricultural purposes.
FARM LIVESTOCK. Animals on a farm kept or raised for use and profit.
FOUR WHEELER. A 4-wheel vehicle which is usually mechanically propelled and designed for use on rough surfaces such as dirt roads and trails.
IMPULSIVE SOUND. Sound of short duration, usually less than 1 second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.
INDUSTRIAL AREA. A parcel of real property zoned industrial or one on which a nonconforming industrial activity occurs.
INTRUSIVE NOISE. That noise which intrudes over and above the existing ambient noise at a given location. For the purpose of this chapter, an INTRUSIVE SOUND is any sound which is disruptive or distracting to daily activities such as but not limited to sleeping, dining, reading, studying or vocal conversations. The relative intrusiveness of a sound depends upon its amplitude, duration and time of occurrence.
LICENSED. The possession of a formal license or a permit issued by the appropriate jurisdictional authority; or where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.
MOBILE NOISE SOURCE. Any noise source other than a stationary noise source.
MOTORCYCLE. Any motor driven vehicle having a seat or saddle for the use of the operator and designed to travel on not more than 3 wheels in contact with the ground, excluding tractors, and vehicles on which the operator and passengers ride in an enclosed cab.
MOTOR VEHICLE. A 4- or more-wheeled vehicle, or machine, propelled or drawn by mechanical power and used on the public roads and highways in the transportation of passengers or property; or any combination thereof, which is required to be licensed; but does not include any vehicle, locomotive or car operated exclusively on rail car rails.
MUFFLER or SOUND DISSIPATIVE DEVICE. A device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and effective in reducing noise.
NOISE. Any sound which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
NOISE DISTURBANCE. Any sound which, as judged by the Enforcement Officer, is an intrusive sound that: endangers or injures the safety or health of human beings; annoys or disturbs reasonable persons of normal sensitivities; endangers or injures personal or real property; or violates any factors set forth in this chapter. The sound of a chainsaw is 110 dB. Regular exposure to 110 dB for more than 1 minute risks permanent hearing loss.
NOISE SENSITIVE ZONE. Areas within 100 yards of a nursing home, daycare or senior citizen facility, public libraries and schools.
OFF-ROAD VEHICLE. Any self-propelled or mechanically powered vehicle not used primarily for transporting persons or property upon public roads.
PERCENTILE SOUND DURATION LEVEL.
Tenth percentile level. The duration of sound level that is exceeded 10% of the time in any measurement period (such as the level that is exceeded for 1 minute in a 10-minute period) and is denoted L10.
Ninetieth percentile duration level. The duration sound pressure level that is exceeded 90% of the time in any measurement period (such as the level that is exceeded for 9 minutes in a 10-minute period) and is denoted L90.
PERSON. Any individual, association, partnership or corporation, and includes any officer, employee, department, agency or instrumentality of the United States, a state or any political subdivision of a state.
PLAINLY AUDIBLE NOISE. Any noise for which the information content of that noise is unambiguously transferred to the listener, such as but not limited to understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms.
PROVOCATION. Justification for action; as pertaining to the barking of dog(s) in § 91.36(C); shall mean the perceived threat of a person or animal trespassing on dog owner’s property or reaction to sudden sounds which may alarm the dog or be painful to the dog’s sense of hearing.
PUBLIC RIGHT-OF-WAY. Any street, avenue, boulevard, highway, sidewalk, alley or similar place normally accessible to the public which is owned or controlled by a governmental entity.
PUBLIC SPACE. Any real property or structures thereon normally accessible to the public.
PURE TONE. Any sound which can be judged as audible as a single pitch or a set of single pitches by the Noise Control Officer. For the purposes of this chapter, a PURE TONE shall be any sound that remains at a constant level similar to the hum from a refrigerator, which is approximately 40 dB.
REAL PROPERTY LINE. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by 1 person from that owned, rented or leased by another person, excluding intra-building real property division.
REPETITIVE IMPULSIVE NOISE. Any noise which is composed of impulsive noises that are repeated at sufficiently slow rates similar to a jackhammer or ram hoe.
RESIDENTIAL AREA. Any residential zone or area where housing density exceeds 1 house per 5 acres.
RESIDENTIAL DWELLING (RESIDENCE). Any house or structure used for a home or residence.
SOUND. The manifestation in air of a longitudinal wave created by a pressure fluctuation, which evokes an auditory sensation within the human ear. The threshold of normal hearing is 0 dB.
SOUND-AMPLIFYING EQUIPMENT. Any device for the amplification of the human voice, music or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed; and as used in this chapter, warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicle used only for traffic safety purposes.
SOUND TRUCK. Any motor vehicle, or any other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound-amplifying equipment.
STATIONARY NOISE SOURCE. A stationary device which creates sounds while fixed or motionless, including but not limited to residential, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment.
STEADY NOISE. A sound pressure level which remains essentially constant during the period of observation, such that it does not vary in intensity or volume.
WEEKDAY. Any day Monday through Friday which is not a legal holiday.
(Ord. passed 1-6-2004)