§ 30-1. Definitions.

The following words shall have the meanings provided below:

Annual permit means a current and valid permit authorizing the use of sound amplification equipment at a specific location or upon a specific route for a one-year period from the date of permit issuance.

Daily permit means a current and valid permit authorizing the use of sound amplification equipment at a specific location or upon a specific route on a designated day.

Daytime hours means the hours between 8 a.m. on one day and 10 p.m. the same day.

dB(A) means the intensity of a sound expressed in decibels.

Director means the director of the administration and regulatory affairs department or his designee.

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss that demands immediate action.

Emergency work means any work performed for the purpose of (i) preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, (ii) restoring property to a safe condition following a fire, accident, or natural disaster, (iii) protecting persons or property from exposure to danger, or (iv) restoring public utilities.

Extended daily permit means a current and valid permit authorizing the use of sound amplification equipment at a specific location or upon a specific route at designated times for a period not to exceed five consecutive days.

Nighttime hours means the hours between 10:01 p.m. on one day and 7:59 a.m. the following day.

Nonresidential property means any real property not included in the definition of residential property as defined in this section. Without limitation, the term includes properties developed other than as residential properties, undeveloped properties, and properties devoted to public purposes, such as public streets and parks.

Permit means an annual permit, daily permit, or extended-daily permit.

Permittee means any person, partnership, corporation, firm, joint venture, limited liability company, association, organization or any other entity holding a permit issued pursuant to this chapter.

Plainly audible when describing a sound or noise means any amplified sound or noise that can be clearly heard by a person with normal hearing faculties such that a reasonable person would believe such sound or noise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter. The term does not require the clear appreciation of specific words of speech or specific words of a song.

Property line means, with respect to single occupancy properties on the same side of a street, the line along the ground surface and its vertical extension that separates the real property occupied by one person from that occupied by another person. With respect to single occupancy properties on opposing sides of a street, the term means the curb line or line that separates the real property and the adjacent street. With respect to shared occupancy properties the term means the imaginary line that represents the legal limits of occupancy of any person who occupies an apartment, condominium, hotel or motel room, office, or any other type of occupancy from that of other occupants.

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.

Sound nuisance means any sound that either exceeds the maximum permitted sound levels specified in section 30-5 of this Code, or for purposes of sections 30-3, 30-4, and 30-7 of this Code, otherwise unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.

(Ord. No. 2011-874, § 2(Exh. A), 10-12-2011)