§ 130.76  DEFINITIONS.
   Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings given.  Definitions of technical terms used in this subchapter, which are not herein defined, shall be obtained from publications of acoustical terminology issued by A.N.S.I. or its successor body.
   A-SCALE (dBA). The sound level in decibels measured using the A-weighted network as specified in A.N.S.I. Standard 1.4-1971 for sound level meters. The level is designated db(A) or dBA.
   AMBIENT SOUND LEVEL. The noise associated with a given environment, exclusive of a particular noise being tested, being usually a composite of sounds from many sources near and far, exclusive of intruding noises from isolated identifiable sources.
   A.N.S.I. The American National Standards Institute or its successor body.
   CONSTRUCTION. Any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair or equipment of buildings, roadways or utilities, including land clearing, grading, excavating and filling.
   DECIBEL (dB). A logarithmic and dimensionless unit of measure of 10 used in 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 micropascals (20 micronewtons per square meter).
   DEMOLITION. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
   DWELLING UNIT. A building or portion thereof regularly used for residential occupancy.
   DYNAMIC BRAKING DEVICE. A device used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.
   EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities or work required to protect persons or property from imminent exposure to danger.
   IMPULSIVE SOUND. Sound of short duration, usually less than one second, with an abrupt onset and rapid decay.  Examples of sources of impulsive sound include explosions, drop-forge impacts and the discharge of firearms.
   LOT. Any area, tract or parcel of land owned by or under the lawful control of one distinct ownership.  Abutting "platted lots" under the same ownership shall be considered a "lot."  The lot line or boundary is an imaginary line at ground level which separates a lot and its vertical extension owned by one person from that owned by another.
   MIXED USE. A dwelling unit or school located in a commercial or industrial zone.
   MOTOR VEHICLE. Any motor-operated vehicle licensed for use on the public highways. but not including a motorcycle.
   MOTORBOAT. See watercraft.
   MOTORCYCLE. Any motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground. The term shall include motorized bicycles. motor scooters, mopeds and the like.
   NARROW BAND SOUND. Sound characterized by normal listeners as having a predominant pitch or series of pitches; sound described by such listeners as "whine," "hiss," "toot," or "wail;" or a sound whose frequencies occupy an octave band or less.
   NOISE. With the exception of farm implements and farm animals, time signals, fire, police or ambulance sirens, burglar alarms, refrigerator system alarms and noise customarily involved in the construction or demolition of buildings or other structures, it is a noise which is objectionable due to volume, intermittence, beat frequency or shrillness, occurring on any premises, which is transmitted outside the property on which it originates.
   NOISE DISTURBANCE. Any sound which exceeds the dBA level for such sound set out in this subchapter.
   NOISE SENSITIVE ACTIVITIES. Activities which should be conducted under conditions of exceptional quiet, including, but not limited to, operation of schools, libraries open to the public, churches, hospitals and nursing homes.
   NOISE SENSITIVE AREA. Any area posted with noise sensitive signs and subject to the noise levels set forth in the table in § 130.80.
   NONCONFORMING USE. A use of a structure, building or land which was established as a permitted use and which has been lawfully continued pursuant to the Zoning Ordinance of the town, but which is not a permitted use in the zone in which it is now located.
   OFF-ROAD RECREATIONAL VEHICLE. Any motor vehicle, including road vehicles, but excepting watercraft, used off public roads for recreational purposes.
   PERSON. Any individual, association, partnership or corporation, including any officer, department, bureau, agency or instrumentality of the United States, a state or any political subdivision of a state, including the town.
   PHYSICAL CHARACTERISTICS OF SOUND. The steady, impulsive or narrow band property of a sound, the level of the sound and the extent to which it exceeds the background sound level.
   PLAINLY AUDIBLE. Any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable spoken speech, comprehensive of whether a voice is raised or normal or comprehensive rhythms.
   POWERED MODEL VEHICLE. Any self-propelled airborne, waterborne or landborne model plane, vessel or vehicle, which is not designed to carry persons, including. but not limited to, any model airplane, boat, car or rocket.
   PUBLIC RIGHT-OF-WAY. Any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public governmental entity.
   PUBLIC SPACE. Any real property, including any structure thereon, which is owned or controlled by a governmental entity.
   PURE TONE. Any sound which can be distinctly heard as a single pitch or set of single pitches.
   REAL PROPERTY BOUNDARY. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
   RECEIVING LAND USE. The use or occupancy of the property which receives the transmission of sound.
   RESIDENTIAL PROPERTY. Any property on which is located a building or structure used wholly or partially for living or sleeping purposes.
   SOUND. An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
   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 A.N.S.I. specifications for sound level meters (A.N.S.I. Standard 1.4-1971, or the latest approved revision thereof).  If the frequency weighting employed is not indicated, the A-weighting shall apply.
   SOUND LEVEL METER. An instrument which includes microphone, amplifier, RMS detector, integrator or time averager, output or display meter, and weighting networks, used to measure sound pressure levels, which complies with A.N.S.I. Standard 1.4-1971.
   SOUND PRESSURE. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
   SOUND PRESSURE LEVEL. Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micronewtons per square meter (20x10-6N/m2).  The sound pressure level is denoted Lp or SPL and is expressed in decibels.
   STEADY SOUNDS. A sound whose level remains essentially constant (+/-2 dBA) during the period of the sound level meter.
   TOWN.  The Town of Middletown, Rhode Island.
   USED and OCCUPIED. These terms include the words "intended, designed or arranged to be" (used or occupied).
   WATERCRAFT. Any contrivance used, or capable of being used, as a means of transportation or recreation on water.
   ZONING DISTRICTS. Those districts established in the Zoning Ordinance and indicated on the Official Zoning Map.
(Ord. passed 8-5-91)