All words used in this chapter not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.  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.  Use occupancies shall be as follows:
      (1)   RESIDENTIAL USE.  All premises containing habitually occupied sleeping quarters.  Hospitals, nursing homes, schools, libraries, and churches are considered residential uses.
      (2)   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.
      (3)   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.
      (4)   MANUFACTURING OR INDUSTRIAL.  All premises where goods or wares are made, warehoused, or stored or where manufacturing is legally permitted.
      (5)   AGRICULTURAL.  All premises which are bona fide farms or which are characterized by farming activities as the primary use of the premises.
      (6)   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.
      (7)   In case of multiple use, the more restrictive 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 alleviation physical trauma or property damage threatened or caused by an existing or imminent peril.
   HOLIDAY.  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, December 31, and any other day designated by the Town of Maggie Valley as a holiday.
   MUFFLER.  An apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanation from the apparatus.
   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 produced by a sound amplification system, which 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 4 dB or more.  By way of illustration only, a sound level meter set on slow response would record a sound level between 2 and 6 decibels less than the reading for a steadying signal of the same frequency and amplitude when a tone of 1,000 Hz and for a duration of 0.5 seconds 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 the 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 S1.41971 or the latest approved version thereof).  If the frequency weighting employed is not indicated, the A-weighting shall apply.
   SOUND LEVEL METER.  An instrument which includes a microphone, amplifier, RSM detector, integrator or time average, output meter, and weighting network used to measure sound pressure levels.
   SOUND PRESSURE LEVEL.  Twenty times the logarithms to the base 10 ratio of the root mean squared (RMS) sound pressure to the reference pressure of 20 micronewtons per square meter.
   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.
(Ord. 327, passed 9-16-2003)