§ 22-124. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial area means a parcel of land zoned for or legally used for commercial purposes. A parcel of land that is zoned commercial by the city's zoning ordinance (appendix A to this Code), or that is legally being devoted to a use that is a principal permitted use in such zoning districts, is presumed to be such an area.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition.

Continuous noise means any noise the level of which varies less than five dB(A) during a period of at least five minutes.

Daytime, unless otherwise specifically noted, means the hours from 7:00 a.m. to 10:00 p.m.

dB(A) means decibels on the A-weighted network of a sound level meter as specified in American National Standards Institute standard 1.4-1971 (ANSI S 1.4-1979).

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma, property damage which demands immediate action or necessary to protect public health, safety, and welfare.

Impulsive noise means a short burst of sound not exceeding ten seconds in duration.

Industrial area means a parcel of land zoned for or used for industrial purposes. A parcel of land which is zoned industrial (I) or is legally being devoted to a use that is a principal permitted use in such zoning district is presumed to be such an area.

Intermittent noise means any noise the level of which remains constant which goes on and off during a course of measurement of at least ten seconds, or goes on and off during a period of at least five minutes, but which exceeds ten seconds in duration each time it is on.

Nighttime, unless otherwise specifically noted, means the hours from 10:00 p.m. to 7:00 a.m.

Noise means any sound occurring on either a perpetual, continuous, intermittent or impulsive basis. It also means the intensity, frequency, duration and character of sound, including sound and vibration of subaudible frequencies.

Noise disturbance means any sound which:

(1)

Endangers or injures the safety or health of humans or animals.

(2)

Annoys or disturbs a reasonable person of normal sensibilities.

(3)

Endangers or injures personal or real property.

Perpetual noise means any noise the level of which varies less than three dB(A) during a period of at least 30 minutes.

Real property boundary means 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 intrabuilding real property divisions.

Receiving land means the use (commercial, industrial or residential) of the land on or at which a noise is received.

Residential area means a parcel of land zoned for or legally used for residential purposes. A parcel of land which is zoned residential suburban, (RS), R-1, R-2, residential multiple (RB), residential mobile home park (RC) or is legally being devoted to a use which is a principal permitted use in such zoning district is presumed to be such an area.

Weekday means any day Monday through Friday that is not a legal holiday.

(Ord. No. 355, § 1, 5-13-2003)