§ 50-2. Definitions; word usage.

A. 

All terminology defined herein which relates to the nature of sound and the mechanical detection and recordation of sound is in conformance with the terminology of the American National Standards Institute or its successor body.

B. 

As used in this chapter, the following terms shall have the meanings indicated:

A-WEIGHTED SOUND PRESSURE LEVEL

The sound pressure level measured in decibels with a sound level meter set for A-weighting, abbreviated "dBA."

COMMERCIAL AREA

A group of commercial properties and the abutting public rights-of-way and public spaces.

COMMERCIAL PROPERTY

Any property currently or hereinafter zoned for any classification of business or commercial zoning according to the Zoning Map of the Town of Brookhaven or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to:

(1) 

Commercial dining.

(2) 

Off-road vehicle operation, such as repair, maintenance and terminaling.

(3) 

Retail services.

(4) 

Wholesale services.

(5) 

Banking and office activities.

(6) 

Recreation and entertainment.

(7) 

Community services.

(8) 

Public services.

(9) 

Other commercial activities.

CONSTRUCTION

Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition, of buildings or structures.

DECIBEL (dB)

The practical unit of measurement for sound pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm of the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated "dB."

DEMOLITION

Any dismantling, intentional destruction or removal of buildings or structures.

EMERGENCY WORK

Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions.

INDUSTRIAL PROPERTY

Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any classification of industrial zoning according to the Zoning Map of the Town of Brookhaven.

MOTOR VEHICLE

Any vehicle which is propelled or drawn on land by an engine or motor.

MULTIDWELLING BUILDINGS

Any building wherein there are two or more dwelling units.

NOISE

Any airborne sounds of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property.

NOISE CONTROL ADMINISTRATOR

The noise control officer designated as the official liaison with all municipal departments, empowered to grant permit for variances.

NOISE CONTROL OFFICER

Any employee of the Town of Brookhaven trained in the measurement of sound and empowered to issue a summons for violations of this chapter.

NOISE DISTURBANCE

Any sound that:

(1) 

Endangers the safety or health of any person;

(2) 

Disturbs a reasonable person of normal sensitivities; or

(3) 

Endangers personal or real property.

PERSON

Any individual corporation, company, association, society, firm, partnership, joint-stock company, the state or any political subdivision, agency or instrumentality of the state.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity.

PUBLIC SPACE

Any real property or structures thereon that are owned or controlled by a governmental entity.

REAL PROPERTY LINE

Either:

(1) 

The imaginary line, including its vertical extension, that separates one parcel of real property from another; or

(2) 

The vertical and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit building.

RESIDENTIAL AREA

A group of residential properties and the abutting public rights-of-way and public spaces.

RESIDENTIAL PROPERTY

Any property used for human habitation.

SOUND LEVEL

The sound pressure level measured in decibels with a sound level meter set for A-weighting. Sound level is expressed in dBA.

SOUND LEVEL METER

An instrument for the measurement of sound levels.

SOUND PRESSURE LEVEL

The level of a sound measured in decibel units with a sound level meter which has a uniform response over the band of frequencies measured.

WEEKDAY

Any day, Monday through Friday, that is not a legal holiday.