§ 50-355. Measurement or assessment of sound.

(a)

Measurement with sound level meter . When sound levels or violations of sound levels of this division are used or described in decibels, the following measurement standards shall be used:

(1)

The measurement of sound shall be made with a sound level meter meeting the standards prescribed by ANSI S1.4-1971 (R1976). The instruments shall be maintained in calibration and good working order. A calibration check shall be made of the system at the time of any sound level measurement. Measurements recorded shall be taken so as to provide a proper representation of the source of the sound. The microphone during measurement shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used at all times. However, a violation of this chapter may occur without the occasion of the measurements being made as otherwise provided.

(2)

The slow meter response of the sound level meter shall be used in order to best determine the average amplitude.

(3)

The measurement shall be made at any point on the property into which the sound is being transmitted and shall be made at least three feet away from any ground, wall, floor, ceiling, roof and other plane surface.

(4)

In case of multiple occupancy of a property, the measurement may be made at any point inside the premises to which any complainant has right of legal private occupancy; provided that the measurement shall not be made within three feet of any ground, wall, floor, ceiling, roof or other plane surface.

(5)

All measurements of sound provided for in this chapter will be made by qualified officials of the county who are designated by the county coordinator or designee or county sheriff or designee to operate the apparatus used to make the measurements.

(6)

The operator conducting sound level measurements shall document all results in a written record. Such record shall include the following:

a.

The instrumentation used, including name, make, type, and serial number.

b.

Date of last laboratory calibration.

c.

On-site calibration verification before and after each series of measurements, or calibration verification in accordance with manufacturer's recommendations.

d.

Name and location of the measuring area.

e.

A detailed sketch of the measuring area.

f.

Time and date of the measurements.

g.

Name of the observers.

h.

General weather conditions.

(b)

Assessment without sound level meter . Any person who hears a noise or sound that is plainly audible, as defined in section 50-348, in violation of this division, shall be entitled to measure the sound according to the following standards:

(1)

The primary means of detection shall be by means of the person's ordinary hearing faculties, so long as the person's hearing is not enhanced by any mechanical device, such as a hearing aid.

(2)

The person must have a direct line of sight or hearing to the real property of the source of the sound so that the person can readily identify the source of the sound and the distance involved. If the person is unable to have a direct line of sight or hearing to the real property of the source of the sound, then the person shall confirm the source of the sound by approaching the suspected real property source of the sound until the person is able to obtain a direct line of sight or hearing, and identify the identical or same sound that was heard at the place of original assessment of the sound.

(3)

The person need not determine the particular words or phrases being said or produced or the name of any song or artist producing the sound. The detection of a rhythmic bass reverberating type of sound is sufficient to constitute a plainly audible sound.

(Ord. No. 2015-09 , § 8, 12-8-2015)