For the purposes of this article, whenever any of the following words, terms or definitions are used herein they shall have the meanings ascribed to them in this section except where the context requires otherwise:
Decibel means a measure of a unit of sound pressure. Sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low). Thus, an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute ("ANSI"), which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level measurements required by this article and all measurements are expressed in dBA to reflect the use of this filter.
Emergency and emergency work mean any occurrence or set of circumstances involving or creating actual or imminent physical trauma or property damage which demands immediate attention, including without limitation generators or other equipment used by communications companies and utility companies in connection with restoration of service operations. Where the emergency is an out of service or imminent out of service condition of utilities, communications or other essential services, then the company providing such essential services may respond to such emergency in a timely manner and shall make such application to the village manager at the earliest time thereafter.
Plainly audible sound means any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using his or her unaided hearing faculties. For the purposes of the enforcement of this article, the detection of any component of sound, including, but not limited to, the rhythmic bass, by a person using his or her normal, unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of music, or the content of any speech.
Property boundary means the imaginary line which separates the real property owned, rented or leased by one person or entity from that owned, rented, or leased by another person or entity.
Unreasonable noise means any noise in or emanating from any property located within the corporate limits of village which violates the provisions of this article.
(a) For noise emanating from property with a commercial or light industrial zoning designation, unreasonable noise shall be defined as any noise emanating from the property which equals or excess a measured sound level of sixty-five (65) dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a measured sound level in excess of eighty-five (85) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a measured sound level which equals or exceeds sixty-five (65) dBA between the hours of 11:00 p.m. and 8:00 a.m. Friday through Saturday and a measured sound level meeting or exceeding eighty-five (85) dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday.
(b) For noise emanating from property with a commercial or light industrial zoning designation which shares any portion of its boundary with a property with a residential zoning designation, unreasonable noise shall be defined as any noise emanating from the property which equals or exceeds a measured sound level of sixty (60) dBA between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Thursday, a measured sound level in excess of seventy (70) dBA between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Thursday; and a measured sound level which equals or exceeds sixty (60) dBA between the hours of 11:00 p.m. and 8:00 a.m. Friday through Saturday and a measured sound level meeting or exceeding seventy (70) dBA between the hours of 8:00 a.m. and 11:00 p.m. Friday through Saturday.
(c) For noise emanating from property with a residential zoning designation, unreasonable noise shall be defined as noise that is plainly audible one hundred and fifty (150) feet from the property boundary of the source of the sound or noise, measured on a horizontal plane. Notwithstanding the foregoing, noise shall be considered unreasonable when it is plainly audible through walls, floors or partitions common to two (2) residential units located within a single structure.
(d) Noise shall be measured from the property boundary closest to the source of noise with a sixty (60) second reading. Where the property boundary abuts a waterway, the property boundary shall be considered the opposite side of the waterway and not the actual seawall or bulkhead.
Vessel shall have the same meaning as set forth in Section 327.02, Florida Statutes, as may be amended from time to time.