<div class="chunk-title">Sec. 9-31. - Definitions.</div>
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            <p class="p0">
               All words used in this article not defined below shall be in conformance with applicable
               publications of the American National Standards Institute (ANSI) or its successor
               body. For the purpose of this chapter, the following words and phrases are defined
               and shall be construed as defined below unless it shall be apparent from the context
               that a different meaning is intended:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  <span class="ital">A-weighted sound level:</span> The sound pressure level in decibels as measured on a sound level meter using the
                  A-weighting network. The level so read is designated dB(A).
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Decibel (dB):</span> A unit for describing the amplitude of sound, equal to 20 times the logarithm to
                  the base 10 ratio of the pressure of the sound measured to the reference pressure,
                  which is 20 micronewtons per square meter.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Sound:</span> An oscillation in pressure, particle displacement, particle velocity or other physical
                  parameter, in a medium with internal forces that causes compression, and rarefaction
                  of that medium. The description of sound may include any characteristic of such sound,
                  including duration, intensity and frequency.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Sound pressure level:</span> Twenty times the logarithms to the base 10 of the ratio of the root mean squared
                  (RMS) sound pressure to the reference pressure of 20 micronewtons per square meter.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Sound level meter:</span> An instrument which includes a microphone, amplifier, RSM detector, integrator or
                  time averager, output meter and weighting network used to measure sound pressure levels.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Sound level:</span> The weighted sound pressure level obtained by the use of a sound level meter and
                  frequency weighting network, such as A, B, or C as specified in American National
                  Standards Institute specifications for sound level meters (ANSI S1.41971 or the latest
                  approved version thereof). If the frequency weighting employed is not indicated, the
                  A-weighting shall apply.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Noise:</span> Any sound which annoys or disturbs humans or which causes or tends to cause an adverse
                  psychological or physiological effect on humans.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Slow response:</span> A measuring technique to obtain an average value when measuring a noise level that
                  fluctuates over a range of four dB or more. By way of illustration only, a sound level
                  meter set on "slow response" would record a sound level between two and six decibels
                  less than the reading for a steady signal of the same frequency and amplitude when
                  a tone of 1,000 Hz and for a duration of 0.5 seconds is applied.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Person:</span> Any individual, association, partnership, or corporation and includes any officer,
                  employee, department, agency or instrumentality of the United States, the state or
                  any political subdivision thereof.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Emergency work:</span> Any work performed for the purpose of preventing or alleviating physical trauma or
                  property damage threatened or caused by an existing or imminent peril.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Outdoor amplified sound:</span> Any sound using amplifying equipment, whose source is outside or whose source is
                  inside and the sound propagates to the outside through open doors or windows or other
                  openings in the building.
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Classification of use occupancies:</span> Use occupancies shall be as follows:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Residential use:</span> All premises containing habitually occupied sleeping quarters. Premises containing
                  transient commercial sleeping quarters are considered commercial uses. Hospitals,
                  nursing homes, schools, libraries, and churches are considered residential uses.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Transient residential use:</span> Residential use premises where the term of occupancy, possession, or tenancy of the
                  property is for less than 30 consecutive days.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Public space:</span> Any area owned, utilized or occupied by a municipal, county, state or federal agency,
                  including, but not limited to, park or recreation areas and streets and sidewalks.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Commercial business:</span> All premises where sales, professional or other commercial activities are legally
                  permitted, except that residences with lawful home occupations are considered residential.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Manufacturing or industrial:</span> All premises where goods or wares are made, warehoused or stored or where manufacturing
                  is legally permitted.
                  </p>
               		
               <p class="incr2">
                  f.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Agricultural:</span> All premises which are bona fide farms or which are characterized by farming activities
                  as the primary use of the premises.
                  </p>
               		
               <p class="incr2">
                  g.
                  </p>
               		
               <p class="content3">
                  In classifying uses under this section, the zoning classification of an area may be
                  considered, however, the actual use of premises shall control when the use and the
                  zoning classification conflict. Any area not otherwise classified under this section
                  shall be considered commercial.
                  </p>
               		
               <p class="incr2">
                  h.
                  </p>
               		
               <p class="content3">
                  In case of multiple use the more restrictive use category shall prevail.
                  </p>
               		
               
               <p class="incr1">
                  (13)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Holiday:</span> For the purpose of this chapter, the following days will be recognized as holidays
                  for the purpose of granting permits to exceed maximum sound level: St. Patrick's Day,
                  Memorial Day, Independence Day, Labor Day, Halloween and December thirty-first.
                  </p>
               		
               
               <p class="incr1">
                  (14)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Muffler:</span> An apparatus consisting of a series of chambers or baffle plates designed for the
                  purpose of transmitting gases while reducing sound emanating from such apparatus.
                  </p>
               		
               
               <p class="incr1">
                  (15)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Owner of real property:</span> The owner, or listing owner, of real property as defined in G.S. 105-302.
                  </p>
               		
               
               <p class="incr1">
                  (16)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Tenant:</span> One who resides on or has the temporary use or occupation of real property owned
                  by another person. In the case of residential property, "tenant" shall be construed
                  to mean any individual actually residing at the residential location, whether such
                  person is listed on a lease or not.
                  </p>
               		
               
               <p class="incr1">
                  (17)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Sound amplification system:</span> Any radio, tape player, compact disc player, loud speaker or other electronic device
                  used for the amplification of sound.
                  </p>
               		
               
               <p class="incr1">
                  (18)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Plainly audible:</span> Any sound produced by a sound amplification system which can be clearly hard at a
                  distance of 75 feet or more. Measurement standards shall be the auditory senses, based
                  upon the direct line of sight. Words or phrases need not be discernible and bass reverberations
                  are included.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. of 10-16-95, Â§ 1; Ord. of 5-17-2021(2), pt. I)
               </p></div>