§ 32-160. Definitions.  


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  • Agricultural property means property used in cultivating the soil, producing crops (including timber), and raising livestock.

    A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network which discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear. The level is designated dBA.

    Ambient sound means all encompassing sound associated with a given environment composing of sound sources near and far.

    Background sound means all encompassing sound associated with a given environment without contributions from the source(s) of interest. It combines long-term and short-term background sound.

    Background sound level means the sound level defined by the long-term background sound level in an area which excludes the noise source of interest and short-term background noise.

    C-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network which is more sensitive to low-frequency sounds than the A-weighting network. C-weighting is used to assess the low-frequency content of a complex sound environment. The level is designated dBC.

    Construction means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.

    Daytime hours means the hours from 7:00 a.m. on one day and 10:00 p.m. the same day.

    Designated protected receiver means a property that is not residential where the owner has applied for and obtained approval from the parish to reduce the maximum permissible sound levels below those established for properties designated as other receiver. All such applications shall be acted upon by the parish administrator following a public hearing thereon and the sending of specific notice to the owners of all property located within 500 feet of the proposed designated protected receiver.

    Decibel (dB) means a unit for measuring the level of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

    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 or circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

    Emergency signaling device means includes fire, burglar, civil defense alarm, siren, whistle, or similar device intended primarily for emergency purposes.

    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.

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

    Lasting activity means an activity that is associated with the intended long-term use of the property.

    Long-term background sound means the background sound during a measurement period after removing the short-term background sound. It is considered to be approximately stationary during the measurement period and the sound sources captured can be described statistically over the measurement period.

    Muffler or sound dissipative device means a properly functioning system for abating the sound of escaping gasses on equipment where such a device is part of the normal configuration of the equipment.

    Nighttime hours means the hours between 10:00 p.m. on one day and 7:00 a.m. the following day.

    Noise means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

    Noise control officer (NCO) means the department having lead responsibility for this article.

    Noise sensitive receiver means includes, but is not limited to, a property where a school, hospital, nursing home, church, court, public library, or similar institution is located.

    Other receiver means all property other than residential property, agricultural property, noise sensitive receivers and designated protected receivers.

    Plainly audible [i] means any sound that can be detected by a person using his or her unaided hearing faculties.

    Property line means with respect to single occupancy properties, the line along the ground surface and its vertical extension that separates the real property owned, leased, or occupied by one person or entity from that owned, leased, or occupied by another person or entity. With respect to shared occupancy properties the term shall mean the imaginary line that represents the legal limits of occupancy of any person or entity who owns, leases, or otherwise occupies an apartment, condominium, hotel or motel room, office, or any other type of occupancy from that of other occupants.

    Pure tone means any sound which can be distinctly heard as a single pitch or a set of single pitches.

    Qualified professional in environmental noise means an individual who has education or training in environmental noise measurement instruments and practices and has experience in the performance of environmental noise measurements. If necessary for the purposes of this article, the individual must also have experience in the assessment and mitigation of environmental noise.

    Receiving property type means the property designations identified in this article for the purpose of determining the maximum permissible sound levels for a regulated receiver.

    Receptor means an occupied structure or outdoor public space (e.g. park, playground, etc.) located on a regulated receiver property.

    Regulated receiver means any real property designated as a residential property, designated protected receiver, noise sensitive receiver, or other receiver.

    Residential property means any real property developed and used for human habitation that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, unless such premises are actually occupied and used primarily for purposes other than human habitation.

    Short-term background sound means consists of one or more infrequent sound events and is relatively loud compared to the long-term background sound. The time of occurrence of these events cannot be described statistically over the full measurement period means e.g. barking dog, accelerating vehicle, aircraft flyover, etc.

    Significant noise generators (SNG) means those land uses that are known or may reasonably be expected to generate noise upon adjacent properties that exceeds the limits set forth in this article.

    Sound level means the sound pressure level obtained by the use of a sound level meter. If a frequency-weighting network is used, such as A or C, then the level shall be indicated as dBA or dBC, respectively. If a frequency weighting is not used, then the un-weighted or flat level shall be indicated as dB(Flat). Frequency-weighted networks shall comply with the American National Standards Institute specifications for sound level meters (ANSI S1.4-1983 (R2006)) or the latest approved revision thereof.

    Sound level meter means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels. The instrument should meet requirements for a Type 1 or Type 2 sound level meter as specified in the American National Standards Institute specifications for sound level meters (ANSI S1.4-1983 (R2006)), or the latest approved revision thereof.

    Sound pressure means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy.

    Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 micronewtons per square meter). The sound pressure level is denoted L p or SPL and is expressed in decibels (dB).

    Temporary noise event means an activity that generates noise which could impact a protected receiver and occurs over the course of up to 14 consecutive days. The use of the term "temporary" is relative to the acoustic tolerance of a noisy activity and does not speak to whether that activity is associated with the intended long-term use of the property.

    Temporary activity means an activity that is planned to occur for a pre-determined, finite length of time. Examples include but are not limited to construction, maintenance, and drilling of wells.

    Utility means a business entity subject to government regulation that provides an essential commodity or service such as, but not limited to, water, electric, electric distribution, gas, gas distribution, gas transmission, gas gathering and telephone.

    Workover operation means a term used in the oil and gas industry meaning work performed in a well after its initial completion.

    (Ord. No. 5072, § 32-20, 3-3-2011)

    [i]   "Plainly audible" is a standard used in multiple United States jurisdictions. (See State v. Ewing, 81 Hawaii 156, 914 P.2d 549 (App. 1996)) The standard has been held as neither vague nor overbroad and provides a clear understanding to those it regulates.