§ 55-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AMBIENT SOUND

The average level of undifferentiated background sound perceived in an area at any given time exclusive of any distinguishable extraneous sounds or noises. Statistically, the long-term residual ambient sound level for an area is expressed as the L90 value, i.e., the level that is exceeded 90% of the time.

ANSI

The American National Standards Institute or its generally recognized functional successor.

COMMERCIAL OPERATION

Any lawful business or commercial activity involving the promotion, sale or utilization of goods or services, including but not limited to the operation of commercial dining establishments, bars, lounges and taverns, motor vehicle service and repair shops and recreational and entertainment facilities.

CONTINUOUS SOUND

Any distinguishable sound having a timed duration of more than two seconds.

DAYTIME

That portion of each day which falls between the hours of 7:00 a.m. and 9:00 p.m. prevailing time.

DECIBEL (dB)

The logarithmic term used to express, in numerical units, the relative level (the loudness) of sound pressure intensity as perceived by the human ear. The difference in decibels of two sounds is 10 times the common logarithmic of the ratio of their power levels, so that a doubling of any sound energy produces a rise of three dB, and a rise of 10 dB represents a sound energy increase of 10 times.

GENERATING LAND

Any public or private land whereon the source of generation and emission of a sound or sounds is permanently situated or temporarily located.

IMPULSIVE SOUND

Any percussive or impact-type sound lasting two seconds or less which exceeds the ambient sound within an area of six dB or more.

LOUDNESS

The intensity of sound as perceived by the average unaided human ear, which is approximated by an A-weighted frequency response (dBA) scale measurement made with a sound-level meter meeting the requirements of this chapter.

MAXIMUM SOUND LEVEL

The noted maximum root mean square (r.m.s.) sound-pressure level measured at a particular time and place using a sound-level meter which meets the requirements of this chapter.

NIGHTTIME

That continuous period of time covering portions of any two consecutive days, which falls between the hours of 9:00 p.m., prevailing time, of the first day and 7:00 a.m., prevailing time, of the next succeeding day.

NOISE

Any sound or combination of sounds which, due to its character, intensity and duration or the time and place of its emission and perception, is deemed to be so unpleasant, objectionable and disturbing as to unduly disrupt or unreasonably interfere with the peace, comfort and repose of any one or more persons.

OWNER or OCCUPANT

Any person having a legal interest in real property or a lessee, tenant, manager or agent of such person, a mortgagee or receiver in possession of such property; and/or any person deemed to be an actual or presumptive lawful occupant of such property or any part or portion of the same.

RECEIVING LAND

Any public or private lands, including the buildings, structures, facilities and open spaces situated thereon, whereon the sound or sounds emitted from any generating land can be heard and detected by any person and where, when implicitly or expressly required by any provision of this chapter, the level of such sound(s) shall be measured to determine whether it (or they) comply with or exceed any limits or restriction imposed by this chapter.

SOUND LEVEL

The sound-pressure level, in decibels, as measured and obtained using a sound-level meter having an A-weighted frequency scale and employing the appropriate slow or fast response.

SOUND-LEVEL METER

An instrument, designed and used to detect and measure sound-pressure levels in their decibel equivalents and to display that information in either analog or digital form, which meets or exceeds all ANSI specifications or any other standards imposed or required by the provisions of this chapter.

UNNECESSARY

That which is not required by the usual circumstances, which is excessive or extreme when compared to the ordinary or which is singularly unreasonable in respect to the time, the place or the prevailing circumstances.

Added 5-1-2001 by L.L. No. 4-2001