The following words, terms and phrases, when used in this article, shall have the meanings herein given, except where the context clearly indicates a different meaning.
(a) “Brake retarder” means a motor/engine retarding device, or any retarding device or system that brakes on the motor or engine rather than on the wheels as a means of slowing or stopping a truck, truck tractor, motor carrier vehicle, motor vehicle or vehicle.
(b) “Construction operation” means the erection, repair, renovation, demolition or removal of any building or structure and the excavation, filling, grading, and regulation of lots in connection therewith.
(c) “Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage.
(d) “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.
(e) “Motor carrier vehicle” means a truck, truck tractor or combination having a gross weight or registered gross weight in excess of 17,000 pounds.
(f) “Motor vehicle” means a vehicle, which is self-propelled, except one which is propelled solely by human power or by electric power obtained from overhead trolley wires, but not operated upon rails.
(g) “Muffler” or “sound-dissipative device” means a device designed or used for decreasing or abating the level of sound escaping from an engine or machinery system.
(h) “Noise” means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
(i) “Noise disturbance” means any sound, which does any one of the following:
(1) Endangers or injures the safety or health of humans or animals;
(2) Annoys or disturbs a reasonable person of normal sensitivities;
(3) Endangers or injures personal or real property;
(j) “Person” means an individual or individuals, a partnership, an association, a corporation, a joint stock company, a trust, an unincorporated association, or any other group of legally recognized entity.
(k) “Powered model vehicle” means any self-propelled airborne, waterborne or landborne plane, vessel or vehicle, which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.
(l) “Property line (boundary)” means an imaginary line, drawn through the points of contact of adjoining lands, apartments, condominiums, townhouses and duplexes owned, rented or leased by different persons, a demarcation or a line of separate of properties, and also, for any two or more buildings, sharing common grounds, the line drawn midway between any two such buildings. All areas devoted to public rights of way shall be deemed to be across the property line. For the purpose of this definition, the property line includes all points on a plane formed by projecting the property line in a manner deemed appropriate by the enforcing police officer.
(m) “Public right of way” means any street, avenue, boulevard, highway, sidewalk, alley or similar place, which is owned or controlled by a governmental entity.
(n) “Public space” means any real property or structures thereon which are owned or controlled by a governmental entity.
(o) “Real property “ means all land, whether publicly or privately owned, whether improved or not improved, with or without structures, exclusive of any areas devoted to public rights of way.
(p) “Sound” means 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, or the superposition of such propagated oscillation which evokes an auditory sensation. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.
(q) “Truck” means a motor vehicle designed, used or maintained primarily for the transportation of property.
(r) “Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(s) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.
(Ord. 27-2007. Passed 9-4-07.)