The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Definitions of technical terms used in this chapter, which are not defined in this section, shall be obtained from publications of acoustical terminology issued by ANSI or its successor body.
A-SCALE (dBA). The sound level in decibels measured using the A-weight or network as specified in ANSI S1.11-1994, or subsequent revisions, for sound level meters. The level is designated dB(A) or dBA.
ANSI. The American National Standards Institute or its successor body.
C-WEIGHTED SOUND LEVEL. The sound pressure level, in decibels, as measured on a sound level meter using the C-weighting network. The level so read shall be designated as dBC.
COMMERCIAL. Property use that is for the trafficking of goods or furnishing of services for sale or profit, including banking or other financial institutions, dining establishments, retail or wholesale establishments, recreation or entertainment establishments, office buildings, transportation facilities and warehouses.
CONSTRUCTION. Any and all activity necessary or incidental to the erection, assembly, alteration, installation, repair of equipment, buildings, roadways or utilities, including land clearing, grading, excavating and filling.
DECIBEL (dB). A logarithmic and dimensionless unit of measure often used in describing the amplitude of sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro pascals (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 of a building regularly used for residential occupancy.
EMERGENCY WORK. Work made necessary to restore property to a safe condition following a public disaster, work to restore public utilities or work required to protect persons or property from imminent exposure to danger.
EQUIVALENT SOUND LEVEL (Leq). A sound level descriptor based on the average acoustic intensity over time. Leq
is intended as a single number indicator to describe the mean energy or intensity level over a specified period of time during which the sound level fluctuated. The period of time specified in this chapter is ten (10) minutes. L
eq
is measured in dB and is expressed according to the weighting network as either A-weighted or C-weighted (L
eq
A or L
eq
C).
EXCESSIVE NOISE. Any sound or noise conflicting with the criteria, standards, or levels set forth in this chapter for permissible noises.
FARM OPERATION. All conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with the production of farm, honeybee, or apiculture products and includes, but is not limited to, the marketing of produce at roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying; the placement and operation of an apiary; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor.
HOLIDAY. Whenever used in this chapter, includes: New Year's Day, Dr. Martin Luther King Jr. Birthday, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas, or on any day which is officially celebrated by declaration of the appropriate government body.
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 and drop-forge impacts.
INDUSTRIAL. Property use that is for the fabrication, manufacturing, shipping, or production of durable or nondurable goods.
MOTOR VEHICLE. Any motor-operated vehicle licensed for use on the public highways, but not including a motorcycle.
MOTORCYCLE. Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.
NOISE DISTURBANCE. Any sound which:
(1) Because of its volume level, duration and character, annoys, disturbs, injures, or endangers the comfort, health, peace or safety of a reasonable person of ordinary sensibilities;
(3) Any sound that exceeds the dBA or dBC level for such sound as set out in Table 1.
NOISE-SENSITIVE ZONE. A quiet zone where serenity and quiet are of extraordinary significance, which is open or in session, and which is identified by conspicuous signage identifying it as a noise-sensitive or quiet zone. Noise-sensitive zones may include schools, public libraries, churches, hospitals, nursing homes, and other areas defined as such pursuant to a resolution adopted by the City Council.
NONAGRICULTURAL. Personal pets such as but not limited to dogs, cats, birds and similar small animals which are not bred or kept for agricultural purposes.
PERSON. Any individual, association, partnership, limited liability company, 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 City of Palm Bay.
PLAINLY AUDIBLE. Any sound that can be clearly heard by a person using his or her normal hearing faculties. The person need not determine the particular words or phrases being produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound. Any person who hears a sound that is plainly audible shall measure the sound according to the following standards:
(1) The primary means of detection shall be by means of the person's ordinary auditory senses, so long as the person's hearing is not enhanced by any device, such as a microphone or hearing aid; and
(2) The person shall first identify the location producing the sound so that the person can readily identify the sound is from the emitting location.
PROPERTY LINE. Either (i) an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by a person(s) or entity from that owned, rented or leased by another person(s) or entity, excluding intra-building real property divisions; or (ii) the vertical and horizontal boundaries of a residential dwelling unit that is contained in a building containing two or more residential units or any combination of separately leased or owned spaces.
PUBLIC RIGHT-OF-WAY. Any street, avenue, highway, boulevard, alley, easement or public space which is owned by or controlled by a public government entity.
PUBLIC SPACE. Any real property, including any structure on such real property, which is owned or controlled by a governmental entity.
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 intra-building real property divisions.
RECEIVING LAND USE. The use or occupancy of the property which received 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 ANSI specifications for sound level meters (ANSI Standard 1.4-1971, or the latest approved revision of such Standard). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output or play meter, and weighting networks used to measure sound pressure levels, which complies with ANSI S1.11-1994, or subsequent revisions.
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 ten of the ratio of the RMS sound pressure to the reference pressure to the reference pressure of 20 micronewtons per square meter (20×10-6N/m'). The sound pressure level is denoted Lp or SPL and is expressed in decibels.
WEEKDAY. Sunday through Thursday, excluding any day that immediately precedes a holiday.
WEEKEND. Friday, Saturday, and any day that immediately precedes a holiday.
(Ord. 2020-56, passed 9-17-20; Am. Ord. 2020-86, passed 1-7-21)