9.06.020 Noise Measurement Procedures and Definitions.
(1) It is the intent of the City to incorporate into the Provo City Code noise portions those standards of measurement hereinafter set forth, which will take into account the latest scientific advances in noise measurement and control while at the same time, preserving the common sense and common law determination of what constitutes a disturbance or public nuisance. Therefore, sound level measurements, while universally desirable, shall not be required to demonstrate violation of this Chapter if other evidence or testimony establishes the creation of a disturbance or public nuisance.
(2) It is the intention that each separate provision of this Chapter shall be deemed independent of all other provisions therein, and if any provision of this Chapter be declared to be invalid, all other provisions thereof shall remain valid and enforceable.
(3) In no event shall the peak intensity of sound exceed a sound level in excess of the following limits, measured in decibels, using, unless otherwise mentioned, the “A” frequency weighting and the “slow” response characteristic of a sound level meter conforming in all respects to the American National Standards Institute (ANSI) standard S 1.4-1071, as revised, for Type 1 or Type 2 instruments.
(4) The microphone used to measure the intensity of a noise may be placed at any point on the property line (if the noise source radiates into private property) or at any point fifty (50) feet distance from the noise source being measured and shall be at least five (5) feet from any wall and not less than three (3) feet above the ground. If it is not possible to measure five (5) feet from a wall, five (5) dB variance will be allowed. When measurements are made inside buildings or enclosures, readings may be obtained from any area to which persons may have access. The following limits refer to the largest reading obtained, using the above procedure.
(5) When used in this Chapter, the terms below shall have the following meanings:
(a) “Day” shall be from 7 a.m. to 10 p.m.
(b) “Night” shall be from 10 p.m. to 7 a.m.
(c) Reference to “residential/agricultural,” “commercial” or “industrial” zones shall conform to the zone designations set forth in the City zoning codes.
(d) “Intermittent noise” shall mean a noise with an “on” cycle of ten percent (10%) or less and a maximum continuous duration of six (6) minutes. Example: a motor vehicle passing a fixed location.
(e) “Impulse noise” shall mean a noise with an “on” cycle of ten percent (10%) or less and a maximum continuous duration of two (2) seconds. Example: A gunshot.
(f) “Emergency work” shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
(g) “Person” shall mean a person, firm, association, partnership, joint venture, corporation or an entity, public or private in nature.
(h) “Motor vehicles” shall include, but not be limited to automobiles, trucks, motorcycle, snowmobiles, recreational vehicles, minibikes, go-carts, aircraft and motorboats.
(i) “Noise” is defined as an undesired or harmful sound.
(j) “Noise source” shall mean any instrument or device for amplifying sound, or any thing which produces, reproduces or amplifies sound. The term shall include multiple sources of sound.