§ 46-3. Definitions.  


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  • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All terminology used in this chapter, not defined in this section, shall be in conformance with the USA Standard Acoustical Terminology American National Standards Institute Document S1.1-1994 (R 2004).

    Ambient Noise means the total of all noise in the environment, other than the noise from the source of interest. This term is used interchangeably with background noise.

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

    Commercial property means property located in a district zoned as "office" or "business" or "O" or "B," under the Kansas City Zoning and Development Code, Chapter 88 and subsequent amendments, but shall also include properties zoned as DC, DX, M1-M4, US, KCIA, MPD and UR, provided, however, that MPD and UR-zoned property will only be considered commercial property if a majority of the lots or units approved in the MPD or UR development plan identify a commercial use. Commercial property shall also mean any property within the area bound by the Missouri River to the north, the Kansas City Terminal Railway tracks on the south, state line to the west and Troost to the east. When a property is located in an overlay district, the underlying zoning district will apply.

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

    Decibel (dB) means a unit for measuring the volume 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).

    Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma, property damage or protection of commerce which demands immediate action.

    Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma, property damage or protection of commerce threatened or caused by an emergency.

    Equivalent A-weighted sound level (Leq) means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. For the purposes of this chapter, a time period of not less than two continuous minutes or two minutes, whether continuous or not, of a 30-minute period shall be used, unless otherwise specified.

    Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle.

    Ground cover means any of various low, dense-growing plants, such as ivy, myrtle, low weeds or brush.

    Hard test site means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel or similar reflective material for more than half the distance between the microphone target point and the microphone location point.

    Model aircraft means any contrivance now known or hereafter invented which is used or designed for flight in the air and which is controlled by manual or remote means but which is not used or designed for the carriage of persons or objects.

    Motor vehicle means any vehicle which is propelled or drawn on and by a motor, such as but not limited to passenger cars, trucks, truck-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies or racing vehicles, but not including motorcycles and unlicensed construction motor vehicles as defined in this section. For purposes of this noise control code, motor vehicle shall also include electric and hybrid vehicles, or other combinations thereof.

    Motorcycle means an unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and minibikes.

    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 disturbance means any sound level which, except as authorized by permit or variance, meet or exceeds the levels in table I of this noise control code.

    Octave Band means a frequency band where the upper band edge frequency is double its lower band edge frequency. Nine typical octave bands are identified by their center frequencies, such as 31.5, 63, 125, 250, 500, 1,000, 2,000, 4,000, and 8,000 Hertz.

    Plainly audible means any sound that can be detected by a person using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The noise control officer or police officer need not determine the title, specific words, or the artist performing the song.

    Real property boundary 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.

    Receiving property means a property from which a noise from another property is heard. A receiving property is often a complainant's property.

    Residential property means property that does not come within the definition of "commercial property" in this section. When a property is located in an overlay district, the underlying zoning district will apply.

    Soft test site means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for half or more of the distance between the microphone target point and the microphone location point.

    Sound means any oscillation in pressure, partial displacement, partial velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of any sound, including duration, intensity and frequency.

    Sound level means the quantity in decibels measured by a sound level meter satisfying the requirements of American National Standards Specification for Sound Level Meters S1.4-1983 (R2006)/S1.4A-1985 (2006), and for Integrating-Averaging Sound Level Meters S1.43-1997 (R2007). Unless indicated otherwise, the A-weighting is understood.

    Sound level meter means a Type 1 or Type 2 instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, octave band analyzer and weighting networks issued to measure sound pressure levels. All microphones shall be a Type 1 or Type 2 microphone.

    Sound Pressure Level means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference of 20 micronewtons per square meter.

    Unlicensed construction motor vehicle means any vehicle or equipment used for construction purposes, not required to be licensed by the state, which is propelled or drawn on land by a motor, such as but not limited to cranes, bulldozers, hiloaders, graders, steamshovels or earth-movers, but not including motorcycles or motor vehicles as defined in this section.

(Code of Gen. Ords. 1967, § 24.3; Ord. No. 53435, 4-7-82; Ord. No. 64437, 9-14-90; Ord. No. 910609, § 1, 5-30-91; Ord. No. 980199, § 1, 3-26-98; Ord. No. 150190 , § 1, 5-7-15)