§ 26-34. 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:

Agricultural activities means those activities performed on farmland in order to cultivate the soil, produce crops, or raise livestock.

Commercial facility means any premises, property, or facility involving the trafficking of goods or the furnishing of services for sale or profit, including, but not limited to: banking and other financial institutions; dining establishments; businesses providing retail or wholesale goods or services; establishments for recreation and entertainment; business ventures providing commercial living accommodations and commercial property used for human habitation, when such is the source of the sound under scrutiny; office buildings; transportation; and warehouses.

Construction means any site preparation, assembly, erection, repair, alteration, or similar action including the demolition of buildings or structures.

Continuous sound means any sound with a duration of more than one second, as measured with a sound level meter set to the "slow" meter response.

Decibel means sound pressure level as measured by a sound level meter using the "A" weighting network and the slow meter response as specified by the American National Standards Institute.

Demolition means any dismantling, destruction, or removal of buildings, structures, or roadways.

Emergency work means any work or action necessary to deliver essential public services, including, but not limited to, installing or repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, trimming or removing fallen trees on public rights-of-ways, dredging navigable waterways, or abating life-threatening conditions.

Extraneous sound means a sound of high intensity and relative short duration which is neither part of the neighborhood residual sound, nor comes from the sound source under scrutiny. Extraneous sounds are excluded from measurements of the neighborhood residual sound level and the total sound level.

Impulsive sound means either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.

Motor vehicle means any vehicle that is propelled other than by human or animal power on land or water.

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

Multidwelling unit building means any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple-family houses, townhouses, and attached residences.

Multiuse property means any distinct parcel of land that is used for more than one category of activities. Examples include, but are not limited to:

(1)

A commercial, residential, industrial, or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or

(2)

A building which is both commercial (usually on the ground floor) and residential property located above, behind, below, or adjacent.

Music box means a self-contained, portable, hand-held music or sound amplification or reproduction equipment capable of emitting sound that is audible at distances exceeding the permissible limits established by this article.

Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under scrutiny is a sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. To be plainly audible, the sound need not enable the receptor to determine the title, specific words, or artist performing a song.

Portable, hand-held music or sound amplification or reproduction equipment means any self-contained, portable, hand-held music or sound amplification or reproduction equipment capable of emitting sound that is audible at distances exceeding the permissible limits established within this article.

Private right-of-way means any street, avenue, boulevard, road, highway, sidewalk, alley, or servitude that is owned, leased, or controlled by a nongovernmental entity.

Property line means either:

(1)

The imaginary line including the vertical extension that separates one parcel of immovable property from another;

(2)

The vertical and horizontal boundaries of a dwelling unit that is part of a multidwelling unit building; or

(3)

On a multiuse property, the interface between the two portions of the property on which different categories of activities are being performed (e.g., if the multiuse property is a building which is residential upstairs and commercial downstairs, then the property line would be the interface between the residential area and the commercial area).

Public celebration means an organized event or activity sponsored and/or produced by a governmental or quasi governmental organization that is of general public interest and that is open to public attendance, including, by way of example only and not by way of limitation, Mardi Gras, Crawfish Festival, and a high school sporting event.

Public right-of-way means any street, avenue, boulevard, road, highway, sidewalk, alley, or servitude that is owned, leased, or controlled by a governmental entity.

Public space means any immovable property or structure thereon that is owned, leased, or controlled by a governmental entity.

Residential property means property used for human habitation, including, but not limited to:

(1)

Private property used for human habitation;

(2)

Commercial living accommodations and commercial property used for human habitation;

(3)

Recreational and entertainment property used for human habitation;

(4)

Community service property used for human habitation; and

(5)

Hospitals or long-term care facilities.

Weekday means any day beginning on Sunday at 8:00 p.m. and ending the following Friday at 6:00 p.m.

Weekend means beginning on Friday at 6:00 p.m. and ending on the following Sunday at 8:00 p.m.

(Ord. No. 06-12-07-13-OR, § 13-11.1, 12-5-2006)