For the purpose of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(1) "Construction" means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action.
(2) "Continuous sound" means and denotes a sound the intensity of which remains essentially constant during a given period of time. Continuous sound shall be measured by slow response setting of a sound level meter.
(3) "DBA (decibel- A-weighted) means sound pressure level on the "A" scale of a sound level meter manufactured in accordance with the specifications of the American National Standards Institute, Inc. (ANSI), Type 2, ANSI-S1.4, calibrated within two hours of being used for measurement. Unless otherwise noted, measurements shall be made in the slow response mode of the meter.
(4) "A-weighted sound level" means the sound pressure level in decibels as measured on a sound level meter using a A-weighted network. The level so read is designated dB(A) or dBA.
(5) "Decibel (dB)" means a unit of sound pressure, equal to twenty times the logarithm to the base 10 of micronewtons per square meter.
(6) "Daytime" denotes the local time of day between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays, Sundays and local legal holidays.
(7) "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
(8) "Emergency signal device" means any audible warning device, such as a gong, whistle or siren or any air horn or similar device.
(9) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
(10) "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sound include explosions, drop forge impacts and the discharge of firearms.
(11) "Mobile source" means any moving sound source on the public right of way.
(12) "Motor Vehicle" means as defined in the Traffic Regulations Code of the State of West Virginia, or any vehicles which are propelled or drawn by mechanical equipment, such as but not limited to, passenger cars, trucks, truck trailers, semitrailers, campers, motorcycles, minibikes, mopeds, amphibious craft on land, dune buggies, all-terrain vehicles or racing vehicles.
(13) "Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a trailer.
(14) "All-terrain vehicle (ATV)" means any motor vehicle designed for off highway use and not licensed for use on public roads.
(15) "Nighttime" means those hours excluded from the definition of "daytime".
(16) "Noise" means any sound which reasonably annoys or disturbs humans or which tends to cause adverse psychological effect on humans.
(17) "Noise disturbance" means any sound which:
A. Endangers or injures the safety or health of humans or animals; or
B. Annoys or disturbs a reasonable person of normal sensitivities; or
C. Endangers or injures personal or real property; or
D. Exceeds the applicable maximum permissible sound levels as they appear in the table in section 527.05 of this article.
(18) "Noise sensitive zone" means any area designated for the purpose of ensuring exceptional quiet and shall include schools and churches while the same are in use, any hospital and any nursing home which clearly notifies a member of the general public of its use.
(19) "Person" means any individual, corporation, partnership firm or any legal successor, representative or agent of the foregoing.
(20) "Public right of way" means any street, avenue, boulevard, highway, alley, sidewalk or public space which has been dedicated for use by the general public and the dedication of which has been accepted by the appropriate governmental entity.
(21) "Real property boundary" means an imaginary line along the ground surface, and a vertical extension, which separates the real property owned by one person from that owned by another person, but it does not include intra-building real property division.
(22) "Small power equipment" means any motorized or engine powered device, including but not limited to lawn mowers, lawn and garden tools, riding lawn tractors and power saws, excluding other motor vehicles.
(23) "Sound" means vibratory disturbance (including an oscillation) in the pressure and/or density of a liquid or gas or in the particular displacement of solid or liquid. Such disturbance takes place at a rate between approximately 20 and 20,000 hertz (cycles per seconds); and the physiological perception of such a vibration of displacement.
(24) "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music or other sound. Sound amplifying equipment as used herein shall not be construed as including standard automobile radio when used and heard only by the occupants of a vehicle in which installed or warning devices on authorized emergency vehicles or horns or other warning devices on other vehicles used only for traffic safety purposes.
(25) "Sound level" means that which is measured with the "A" weighting network on a sound level meter unless otherwise specified.
(26) "Sound level meter" means the instrument, meeting the requirements of ANSI S1.4-1971 Type II rating, used for making sound level measurements.
(27) "Sound pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
(28) "Sound pressure level" means the intensity in decibels (dB) of a sound.
(29) "Stationary source" means any sound source operating or occurring on any public or private property, not including a public right of way.
(30) "Weekday" means any day Monday through Friday which is not a legal holiday.
(Ord. 5-27-17.)