§ 36-2. Definitions.

The following words and phrases, when used in this chapter, have the meanings respectively ascribed to them:

(1)

A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A).

(2)

Background sound level means the A-weighted sound pressure level of all sound associated with a given environment, exceeded ninety (90) percent of the time (L90) measured and being a composite of sounds from many sources during the period of observation while the noise level from the noise source of interest is not present.

(3)

Commercial power equipment means any equipment or device rated at more than five (5) horsepower designed to be used or being used for building repairs, or property maintenance, excluding snow removal equipment.

(4)

Commercial premises means any land parcel with buildings where the use of less than fifty (50) percent of the gross floor area meets the definition of residential premises as contained in subsection (21).

(5)

Construction equipment means any device or mechanical apparatus operated by human, fuel, electric, or pneumatic power in the excavation, construction, repair, or demolition of any building, structure, land parcel, street, alley, waterway, or appurtenance thereto.

(6)

Decibel means a logarithmic unit of measure often used in measuring magnitudes of sound. The symbol is dB.

(7)

Domestic power equipment means any equipment or device rated at five (5) horsepower or less and used for building construction, remodeling and repairs or grounds maintenance, excluding snow removal equipment, operated by the owner and or occupant of the property.

(8)

Emergency vehicle means a motor vehicle that has audible warning devices such as whistles, sirens and bells when being lawfully used to respond to an emergency, or during a police activity or that is required by state or federal regulations (e.g., back-up alarms).

(9)

Emergency work is any activity made necessary to restore property to a safe condition following a public calamity, civil disturbance, natural disaster or other emergency; to protect persons or property from an imminent danger; or to secure medical care for any person. It includes work by private or public entities for providing or restoring immediately necessary service as well as all situations deemed necessary by the city.

(10)

Emergency power generator means any power generator providing emergency electrical power at any hospital, health clinic, nursing home or similar facility where the loss of electrical power poses a risk to the health, safety or welfare of any person, or at any premises where such equipment is required by the Denver Fire Department.

(10.5)

Festival, for this purpose of this chapter, means cultural, athletic, educational, charitable, or civic events (including those with entertainment) provided the event does not exceed four days, is not part of a series of two (2) or more separate events in the same vicinity, is open to the general public, a permit for street closure or occupancy is obtained, and a license is, or licenses are, obtained to serve food, beverage, or liquor.

(11)

Gross floor area: The sum of the horizontal floor areas of a building or unit of a building, including interior balconies and mezzanines, but excluding exterior balconies. All horizontal dimensions of all floors are to be measured by the exterior faces of walls of each such floor. The gross floor area computation shall exclude the following:

a.

Any floor area devoted to mechanical equipment serving the building;

b.

Any floor area used exclusively as parking space for motor vehicles; and

c.

Floor area serving as a pedestrian mall or public accessway to shops and stores.

(12)

Industrial premises means any premises where manufacturing, processing or fabrication of goods or products takes place regardless of whether located in a residential, commercial or industrial zoned area.

(13)

Motor vehicle means any vehicle that is self-propelled, used primarily for transporting persons or property upon public roadways and required to be licensed according to motor vehicle registration laws, including, without limitation, automobiles, trucks, and motorcycles. The term motor vehicle does not include: aircraft, watercraft, motorized bicycles as defined in subsection 54-1(37) of this Code, motor vehicles operated on private property for recreational or amusement purposes, vehicles used exclusively on stationary rails, or specialized utility vehicles normally used only on private property in the daily course of business, such as forklifts and pallet movers.

(14)

Muffler-approved type means an apparatus consisting of a series of chambers, baffle plates, or other mechanical devices designed to receive and transmit exhaust gases that is in constant operation and properly maintained to prevent any excessive or unusual sound and that is not equipped with a cut-off, bypass, or similar device.

(15)

Noise means sound that is unwanted and that causes or tends to cause adverse psychological or physiological effects on human beings.

(16)

Person means any natural person, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner, and includes any municipal corporation, state or federal governmental agency, district, or any officer or employee thereof.

(17)

Premises means every parcel of land in the city or portion thereof, including all buildings, structures, land utilities (and all appurtenances thereto), yards, lots, courts, and inner yards.

(18)

Property line means that real or imaginary line and its vertical extension that separates real property owned or controlled by any person from contiguous real property owned or controlled by another person. The vertical and horizontal boundaries of a dwelling unit in a multi-dwelling-unit building, condominium, or townhouse complex shall not be considered property lines separating one (1) premises from another.

(19)

Public premises means all real property, including appurtenances thereon, owned or controlled by any governmental entity and includes, without limitation, rights-of-way, streets, highways, sidewalks, alleys, parks, and waterways.

(20)

Receptor premises means the premises (residential, commercial, industrial, or public) as listed in Table A receiving noise emitted from the source premises after crossing one (1) or more property lines.

(21)

Residential premises means all premises containing dwelling unit(s), primary schools, churches, nursing homes, and similar institutional facilities and includes any commercial premises where the use of more than fifty (50) percent of the gross floor area meets this definition of residential premises.

(22)

Sound means an oscillation in pressure, stress, particle displacement and particle velocity that induces auditory sensation.

(23)

Sound level meter means an apparatus or instrument that includes a microphone, amplifier, attenuator, output meter, and frequency weighting networks for the measurement of sound levels. The sound level meter must be of a design and have the characteristics of a Type 2 or better instrument as established by the American National Standards Institute, publication S1.4-1971 entitled Specification for Sound Level Meters .

(24)

Sound pressure level means twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of a sound to the reference pressure of twenty (20) micronewtons per square meter (20 × 106 Newtons/meter ), and is expressed in decibels (dB).

(25)

Source premises means the premises (residential, commercial, industrial, or public) as listed in Table A that is emitting noise that is crossing one (1) or more property lines and impacting the receptor premises.

(26)

Snow removal equipment means any equipment used for removing snow from land or building surfaces including, without limitation, snow plows, blowers, sweepers, and shovels whether operated by mechanical, electrical, or manual means.

(27)

Tree maintenance equipment means any equipment used or designed to be used in trimming or removing trees only, including, without limitation, chainsaws, chippers and stump removers.

(28)

Vehicle auxiliary equipment means any manual, mechanical, and electrical device powered by the engine of the motor vehicle to which it is mounted, attached, or utilized from or by a separate engine or motor, that enables the motor vehicle or such devices to function, and includes, without limitation, trimmers, saws, blades, tools, refrigeration units, compressors, compactors, chippers, backhoes, drill rigs, grinders, power lifts, mixers, pumps, blowers, and power-take-offs.

(29)

Waste stream activities includes trash compaction, collection, recycling (such as sand and aggregate) street sweeping, street vacuums, and street blowers.

(30)

Weekday means the time beginning on Monday at 7:00 a.m. and ending on the following Friday at 9:00 p.m.

(31)

Weekend means the time beginning on Friday at 9:00 p.m. and ending on the following Monday at 7:00 a.m.

(Code 1950, § 717.2; Ord. No. 400-86, §§ 1—3, 6-30-86; Ord. No. 237-99, § 2, 3-29-99; Ord. No. 313-08, § 2, 6-16-08)

Cross reference

Definitions and rules of construction generally, § 1-2.