Sec. 18-122. - Definitions.
For the purpose of this article, the following terms shall have the meanings respectively ascribed to them herein unless the context requires otherwise:
"A" band level means the total sound level of all noise as measured with a sound level meter using A-weighting network. The unit is the dB(A).
Ambient noise means the all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources, near and far. For the purpose of this article, ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made. Averaging may be done by instrumental analysis in accordance with American National Standard S. 13-1971 or the most recent revisions, or may be done manually as follows:
(a) Observe a sound level meter for five (5) seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications.
(b) Repeat the observations as many times as necessary to ensure that observations are made at the beginning and the end of the fifteen (15) minute averaging period and that there are at least as many additional observations as there are decibels between the highest high indication and the lowest low indication.
(c) Calculate the arithmetical average of the observed central tendency indications.
"C" band level means the total sound level of all noise as measured with a sound level meter using C-weighting network. The unit is the dB(C).
Decibel means a sound pressure that is twenty (20) times the logarithm to the base 10 of the ratio of the pressure of sound to the reference pressure, 2 × 10—5 Newton/meter2.
Excessive noise means noise caused by a nuisance party or unruly gathering that disturbs the peace or quiet of a residence or neighborhood from the perspective of a reasonable person of normal sensibilities. For deciding that noise is excessive pursuant to this article, a reasonable person of normal sensibilities shall include Scottsdale police officers or other city employees authorized to enforce this article. A sound level meter may be used, but is not required, to assist in determining whether noise is excessive or not. It shall be a rebuttable presumption under this article that noise levels over (68) dB(A) or (70) dB(C) between 10:00 PM and 9:00 AM are considered excessive under this article, if they can be heard beyond the property line of the property where the nuisance party or unruly gathering is occurring.
Frequency. "Frequency" of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the hertz and shall be specified.
Illegal drugs shall mean any drug defined in A.R.S. § 13-3401.
Impulse noise means a noise of short duration, usually less than one (1) second, with an abrupt onset and rapid decay.
Juvenile means a minor under the age of eighteen (18) years.
Microbar means a unit of pressure commonly used in acoustics and is equal to one (1) dyne per square centimeter.
Minor means any person under the age of twenty-one (21) years.
Nuisance party means an assembly of persons for a social activity or for a special occasion in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property. This includes, but is not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to minors, fights, disturbances of the peace and litter.
Owner means any property owner, as well as an agent of an owner acting on behalf of the owner to control or otherwise regulate the occupancy of use of the property.
Period means "Period" of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.
Periodic quantity means oscillating quantity, the values of which recur for equal increments of time.
Pure tone noise means any noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by an enforcement officer.
Premises mean the property that is the site of a nuisance party or an unlawful gathering. For residential properties, a premise can mean the dwelling unit, units or other common areas where the nuisance party or the unlawful gathering occurs.
Promoter means a person who contracts for or arranges with an owner or other responsible person, to provide any activity or event with or without compensation, and who is responsible for or directly organizes the presentation of the activities or events. Promoter does not include a person who contracts for or arranges with an owner or other responsible person to provide or organize a political event on behalf of or against any candidate for public office or in support of or opposition to any ballot measure or a charitable event on behalf of a 501(C)(3) non-profit registered with the United States Internal Revenue Service. For purposes of this chapter, promoter also includes an employee or agent of a promoter.
Responsible person means any persons in attendance including any owner, occupant, tenant, or tenant's guest or any sponsor, promoter, host or organizer of the social activity or special occasion constituting the nuisance party or unlawful gathering. If such a person is a juvenile, the term "responsible person" includes, in addition to the juvenile, the juvenile's parents or guardians. Responsible person does not include owners or persons in charge of premises where an unlawful gathering or nuisance party takes place if the persons in attendance obtained use of the property through illegal entry, fraud or trespassing.
Scottsdale police officer means any peace officer employed by the Scottsdale Police Department.
Special event shall have the same meaning as Chapter 22 of this code.
Spirituous liquor shall have the same meaning as defined in A.R.S. § 4-101
Sound level. "Sound level" (noise level), in decibels (dB) is the sound measured with the A-weighting or C-weighting and slow response by a sound level meter.
Sound level meter means an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels which satisfies the pertinent requirements in American Standard Specifications for Sound Level Meters S1.4-1971 or the most recent revision thereof.
Unlawful gathering means a party, gathering, or event where spirituous liquor is served to, or is in the possession of, or consumed by, any minor, or where illegal drugs are in the possession of, or consumed by, any person, regardless of whether it would otherwise qualify as a nuisance party.
(Ord. No. 4417, § 2, 9-24-19; Ord. No. 4528, § 1, 12-8-21; Ord. No. 4626, § 1, 5-6-24)
