§ 94.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ATV. An all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of UCA § 41-6a-1509 to operate on highways in the state in accordance with UCA § 41-6a-1509.
   COMMERCIAL ZONES. Neighborhood Commercial, General Business, Highway Commercial, Resort Commercial and Resort Special and associated permissible overlays established by the San Juan County Land Use Code. COMMERCIAL ZONES shall not include the Heavy or Light Industrial Zones.
   COUNTY. San Juan County or its designee, and all such references to a county employee or elected officer shall include their designee.
   dBA. The sound pressure level using the “A” frequency weighting and the fast response setting on a sound level meter, unless otherwise noted or required by testing standards established by the county.
   DEVICE. Any mechanism that is intended to produce, or that actually produces noise when operated or handled.
   DOMESTIC POWER TOOLS AND EQUIPMENT. Any device powered mechanically, by electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used, or is actually used for residential construction, repair, and maintenance.
   EMERGENCY. A situation or occurrence which may present an imminent threat to the health, safety or welfare of any person, place or property.
   EXCESSIVE OR UNUSUAL NOISE. Any sound or noise that exceeds the maximum sound pressure levels, dBA, during all hours, set forth in § 94.005 when measured at the distances provided therein as measured on a sound level meter.
   LOUD NOISE. Any sound or noise that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s), including any sound or noise that exceeds the maximum sound pressure levels, dBA, during restricted hours set forth in § 94.005 when measured at the distances provided therein as measured on a sound level meter.
   MOTOR VEHICLE. A self-propelled vehicle intended primarily for use and operation on the highways, as defined in UCA § 41-1a-102, including ATVs and motorcycles. MOTOR VEHICLE and VEHICLE may be used interchangeably herein.
   MOTORCYCLE. A motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, or an autocycle, including an off-road motorcycle, as defined in UCA § 41-1a-102(42).
   MUFFLER. An apparatus consisting of a series of chambers or baffle plates designed to transmit gases while reducing sound, or as otherwise defined by state law.
   NOISE. Any sound that is harmful to the health, well-being, or quality of life of humans or animals.
   NOISE DISTURBANCE. Any sound in an environment which is:
      (1)   Harmful to the health, well-being, or quality of life of humans or animals;
      (2)   Unreasonably annoys or disturbs a reasonable person of normal sensitivities; or
      (3)   Endangers or injures personal or real property.
      (4)   NOISE DISTURBANCE constitutes noise pollution.
   OFF-HIGHWAY MOTORCYCLE. Any motorcycle that is not an on-highway motorcycle.
   OFF-HIGHWAY VEHICLE. Every all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle as defined in UCA § 41-22-2, including street-legal all-terrain vehicles as defined in and regulated by UCA § 41-6a-1509.
   ON-HIGHWAY MOTORCYCLE. Any motorcycle that: (a) is capable of achieving a maximum speed of at least 25 mph over a level paved surface and is equipped with features customarily associated with practical street or highway use, such features including but not limited to any of the following: stoplight, horn, rear view mirror, turn signals; or (b) has an engine displacement less than 50 cubic centimeters; produces no more than two brake horsepower; and cannot exceed 30 mph over a level paved surface.
   PLAINLY AUDIBLE. Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a PLAINLY AUDIBLE sound.
   PROPERTY BOUNDARY. An imaginary line at the ground surface, and its vertical extension that separates the real property owned by one person from that property owned by another person.
   RESIDENTIAL PROPERTY. Any property used for living or dwelling by individuals.
   RESIDENTIAL ZONES. The Small Lot Residential, Large Lot Residential, Rural Residential and Multi-Family Residential Zones and associated permissible overlays established by the San Juan County Land Use Code. As used herein, Residential Zone does not include the Range and Grazing Zone.
   RESTRICTED HOURS. From 9:00 p.m. to 7:00 a.m. (and 9:00 p.m. to 9:00 a.m. on Sunday), except during the summer months, defined as May through September, when the RESTRICTED HOURS are from 10:00 p.m. to 6:00 a.m.
   SOUND. A temporal and spatial oscillation in pressure, or other physical quantity with interval forces that cause compression or rarefaction of the medium, and that propagates at finite speed to distant points.
   SOUND LEVEL METER or SLM. A sound level meter meeting the ANSI S1.4 Type 1 or Type 2 standard for sound level meters, or the IEC 61672 Class 1 or Class 2 standard for SOUND LEVEL METERS.
   VEHICLE. All motor vehicles and off-highway vehicles as defined by Utah Code, Title 41, including street-legal all-terrain vehicles as defined in and regulated by UCA § 41-6a-1509. VEHICLE and MOTOR VEHICLE may be used interchangeably herein.
(Ord. 2023-04, passed 12-5-2023)