National City Municipal Code Ch. 12.04 Definitions

All terminology used in this title, not defined in this chapter shall be in conformance with the American National Standards Institute standards ANSI S1.1-1971, or most current revision.

(Ord. 2188 § 2, 2001)

"A-weighted sound level" means the sound level in decibels as measured on a sound level meter using the A-weighting network. The level so read is often designated dlB(A) or dBA.

(Ord. 2188 § 2, 2001)

"Ambient noise level" means the composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location and time.

(Ord. 2188 § 2, 2001)

"Code enforcement office(r)" means any city employee and/or police officer having lead responsibility for enforcing this chapter; and, the city employee having responsibility for making noise surveys, noise analyses, noise investigations and the administration of this chapter, other than enforcement.

(Ord. 2188 § 2, 2001)

"Construction" means any site preparation, assembly, substantial repair, alteration or similar action, for or of public or private rights-of-way, structures, utilities or similar property or similar activity upon public or private structures or land.

(Ord. 2188 § 2, 2001)

"Continuous sound" means sound that is of a steady and uninterrupted nature of a specified time period. For the purposes of this title, the minimum time period shall be one hour, unless otherwise provided.

(Ord. 2188 § 2, 2001)

"Cumulative period" means an additive period of time composed of individual time segments that may be continuous or interrupted.

(Ord. 2188 § 2, 2001)

"Day/night average sound level (Ldn)" means a twenty-four hour average of the A-weighted sound level, with the level during the period ten p.m. to seven a.m. increased by ten dB before averaging. It is denoted "Ldn." It is typically used for assessing noise impacts from transportation noise sources.

(Ord. 2188 § 2, 2001)

"Decibel" (also "dB") means a unit for measuring the amplitude of sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals.

(Ord. 2188 § 2, 2001)

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

(Ord. 2188 § 2, 2001)

"Equivalent sound level (Leq)" means the average sound level of an event measured over a stated time period, typically one hour, in which case it may also be represented as "Leq(h)."

(Ord. 2188 § 2, 2001)

"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.

(Ord. 2188 § 2, 2001)

See "Noise disturbance - environmental" as defined in Section 12.04.480(A).

(Ord. 2188 § 2, 2001)

"Fixed noise source" means a stationary device that creates sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.

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"Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

(Ord. 2188 § 2, 2001)

"Intermittent sound" means sound which is not continuous or which is of a cyclic or repetitive nature.

(Ord. 2188 § 2, 2001)

"Intrusive noise" means that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content as well as the prevailing ambient noise level.

(Ord. 2188 § 2, 2001)

"Licensed" means the possession of a formal license or a permit issued by the appropriate jurisdictional authority; or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record.

(Ord. 2188 § 2, 2001)

"Loudspeaker" - see "Sound amplifying equipment."

(Ord. 2188 § 2, 2001)

"Message" means any voice, music, sound or other audible stimulation.

(Ord. 2188 § 2, 2001)

"Mobile noise source" means any noise source other than a fixed noise source.

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"Motor vehicle" means any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under the code, and all off-highway type motor vehicles subject to identification under the code.

(Ord. 2188 § 2, 2001)

"Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but shall not include a vessel which has a marine document issued by the Bureau of Customs of the United States government or any federal agency successor thereto (Section 651(d), Harbors and Navigation Code).

(Ord. 2188 § 2, 2001)

"Muffler or sound dissipative device" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine to reduce exhaust noise.

(Ord. 2188 § 2, 2001)

Any noise exceeding the noise level limits for a designated receiving land use category specified in Table III, or the noise emanating from any of the prohibited actions specified in Chapters 12.08, 12.10 or 12.14 is a noise disturbance. Noise disturbances are classified as either environmental or nuisance, or, in some cases, both.

A. Noise disturbance—environmental. Those noises resulting from land use activity normally permitted under the land use code, but which exceed the noise level limits set by this code for that particular land use. Environmental noise sources are specified in, but not limited by, the list in Appendix A of Chapter 12.22.

B. Noise disturbance—nuisance. Those intrusive noises, other than environmental noises, which, because of their unusual presence, are or may be considered harmful to health and well-being, due to their raucous, annoying, or obnoxious and unpleasant nature and characteristics. A nuisance noise is a noise that constitutes a "public nuisance," as defined in Civil Code section 3479. Types of nuisance noise disturbances are further specified in, but not limited to, the examples in Chapter 12.10 and Appendix A of Chapter 12.22.

(Ord. 2188 § 2, 2001)

"Noise sensitive zone" means an area designated by the planning commission for the purpose of ensuring noise control.

(Ord. 2188 § 2, 2001)

"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.

(Ord. 2188 § 2, 2001)

"Public right-of-way" means any street, avenue, boulevard, highway, bikeway, sidewalk or alley or similar place that is owned or controlled by a government entity.

(Ord. 2188 § 2, 2001)

"Public space" means any real property or structures thereon which are owned or controlled by a governmental entity, other than the public rights of way.

(Ord. 2188 § 2, 2001)

"Pure tone" means any sound that is audible as a single pitch or a set of single pitches.

(Ord. 2188 § 2, 2001)

"Real property boundary" or "real property line" 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 intra-building real property divisions.

(Ord. 2188 § 2, 2001)

"Sound amplifying equipment" means any machine or device using electronic, mechanical or combination means for the amplification of the human voice, music or any other sound. This includes handheld or portable loudspeakers and remotely located loudspeakers attached to and/or operated from a vehicle. Sound amplifying equipment, as used in this title, shall not include standard automotive audio systems installed as factory or dealer original equipment, warning devices on authorized emergency vehicles, or horns or other warning devices on other vehicles used only for traffic and public safety purposes.

(Ord. 2188 § 2, 2001)

"Sound level meter" means an instrument, including a microphone, and amplifier, and output meter, and frequency weighing networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for Type 2 or S2A sound level meters, per American National Standards Institute specifications for sound level meters, S1.4-1983, or more current revision.

(Ord. 2188 § 2, 2001)

"Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto, any sound-amplifying equipment.

(Ord. 2188 § 2, 2001)

"Vibration perception threshold" means the minimum ground-borne or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of 0.01 in/sec over the range of one to one hundred HZ.

(Ord. 2188 § 2, 2001)

"Weekday" means any day, Monday through Friday, which is not a legal holiday.

(Ord. 2188 § 2, 2001)