A. Terminology. All terminology used in this chapter not defined below shall be in conformance with Federal, State, and local law and applicable publications of the American National Standards Institute (ANSI) or its successor body.

B. Definitions. The following definitions shall apply to this chapter:

“A-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network and fast response setting. The level so read is designated dB(A) or dBA.

“Agricultural industry or business” means an industry or business involving agricultural products in manufacturing, packaging, treatment, sales, intensive feeding, or storage, including but not limited to animal feed yards, fur farms, food packaging or processing plants, commercial poultry or egg production, and similar uses as determined by the Planning Commission. (Moab Municipal Code Section 17.06.020.)

“Agriculture” means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (Section 4-1-109, Utah Code Annotated.) The growing of soil crops in the customary manner in the open. It shall not include livestock-raising activities, nor shall it include retailing of products on the premises. (Moab Municipal Code Section 17.06.020.)

“All-terrain type I vehicle” means any motor vehicle fifty-two inches or less in width, having an unladen dry weight of one thousand five hundred pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain. (Section 41-22-2(2), Utah Code Annotated.)

“All-terrain type II vehicle” means any motor vehicle eighty inches or less in width, traveling on four or more low pressure tires, having a steering wheel, nonstraddle seating, a rollover protection system, and designed for or capable of travel over unimproved terrain, and is:

All-terrain type II vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102, Utah Code Annotated. (Section 41-22-2(3), Utah Code Annotated.)

“All-terrain type III vehicle” means any other motor vehicle, not defined in Section 41-22-2(2), (3), (12), or (22), Utah Code Annotated, designed for or capable of travel over unimproved terrain. All-terrain type III vehicle does not include golf carts, any vehicle designed to carry a person with a disability, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102, Utah Code Annotated. (Section 41-22-2(4), Utah Code Annotated.)

“C-weighted sound level” means the sound pressure level in decibels as measured on a sound level meter using the C-weighting network and the fast response setting. The level so read is designated dB(C) or dBC.

“Commercial use” means activity involving the sale of goods or services carried out for profit. (Moab Municipal Code Section 17.06.020.)

“Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.

“Decibel (dB)” means a unit for measuring the volume of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals (twenty micronewtons per square meter).

“Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private roadway surfaces, or similar property.

“Device” means any mechanism that is intended to produce, or that actually produces, noise when operated or handled.

“Emergency vehicle” means a vehicle used in response to a public emergency or to protect persons or property from an imminent exposure to danger.

“Emergency work” means any work performed for the purpose of preventing or alleviating the conditions, physical trauma, or property damage threatened or caused by a state of emergency.

“Gross vehicle weight rating” (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used.

“Harmful industrial noise” means noise as defined in Section 34A-2-501, Utah Code Annotated.

“Impulsive sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

“Industrial use” means activity involving the manufacturing, processing, warehousing, and fabrication of goods and material. (Moab Municipal Code Sections 17.36.010 and 17.36.020.)

“Motor vehicle” means a self-propelled vehicle intended primarily for use and operation on the highways. “Motor vehicle” does not include: (a) an off-highway vehicle; or (b) a motor assisted scooter as defined in Section 41-6a-102, Utah Code Annotated. (Section 41-1a-102(40), Utah Code Annotated.) Nor does it include vehicles moved solely by human power; motorized wheelchairs; an electric personal assistive mobility device; an electric assisted bicycle; a motor assisted scooter; a personal delivery device, as defined in Section 41-6a-1119, Utah Code Annotated; or a mobile carrier, as defined in Section 41-6a-1120, Utah Code Annotated. (Section 41-6a-102(40)(a) and (b), Utah Code Annotated.)

“Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion (Section 73-18-2, Utah Code Annotated) and any vessel which operates on water and which is propelled by a motor, including but not limited to boats, jet skis, barges, amphibious craft, water ski towing devices, and hovercraft.

“Motorcycle” means a motor vehicle, other than a tractor, having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground; or an autocycle. (Sections 41-1a-102(42) and 41-6a-102(41), Utah Code Annotated.)

“Muffler or sound dissipative device” means a device for abating the sound of escaping gases of an internal combustion engine.

“Noise” means any sound that is harmful to the health, well-being, or quality of life of humans or animals.

“Noise pollution” means any sound in an environment which is (1) is harmful to the health, well-being, or quality of life of humans or animals; or (2) unreasonably annoys or disturbs a reasonable person of normal sensitivities; or (3) endangers or injures personal or real property.

“Off-highway vehicle” (OHV) means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. (Section 41-22-2(14), Utah Code Annotated.)

“Person” means an individual; an association; an institution; a corporation; a company; a trust; a limited liability company; a partnership; a political subdivision; a government office, department, division, bureau, or other body of government; and any other organization or entity. (Section 68-3-12.5(18), Utah Code Annotated.)

“Places of worship” means a specially designed structure or consecrated space where individuals or a group of people come to perform acts of devotion, veneration, or religious study. Buildings constructed or used for this purpose include temples, churches, synagogues, convents, monasteries, and mosques. (Moab Municipal Code Section 17.06.020.)

“Plainly audible” means any sound that can be detected by a person using their unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.

“Powered model vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to, any unmanned aerial vehicle, model airplane, boat, car, or rocket.

“Public roadway” means that portion of the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel and improved, designed, or ordinarily used for vehicular travel within the City’s jurisdiction and excluding any State highways. (See Section 41-6a-102(26) and (58), Utah Code Annotated.)

“Public space” means any real property or structures which are owned or controlled by a governmental entity.

“Pure tone” means any sound which can be distinctly heard as a single pitch or a set of single pitches.

“Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

“Residential use or dwelling” means a structure or portion of a structure that is designed, occupied, or intended to be occupied as living quarters and includes facilities for cooking, sleeping, and sanitation; but not including hotels, motels, clubs, boarding houses, or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraints; private property used for human habitation; commercial living accommodations and commercial property used for human habitation; recreational and entertainment property used for human habitation; community service property used for human habitation. (See Moab Municipal Code Section 17.06.020.)

“RMS sound pressure” means the square root of the time-averaged square of the sound pressure, denoted P_rms.

“Sound” means an oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.

“Sound level” or “noise level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A or C, as specified in the American National Standards Institute (ANSI) or the International Electrotechnical Commission (IEC) specifications for sound level meters (ANSI S1.4, IEC 61672-1, or IEC 61672-2, or the latest approved revisions thereof).

“Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averaging device, output meter, and weighting networks used to measure sound pressure levels.

“Sound pressure” means the instantaneous difference between the actual pressure and the average or barometric pressure of a given point in space, as produced by sound energy.

“Sound pressure level” (SPL) means twenty times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of twenty micropascals (20x10µN/m). The sound pressure level is denoted L_p or SPL and is expressed in decibels.

“State of emergency” means a condition in any part of the State that requires State government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster (Section 53-2a-102(14), Utah Code Annotated) or any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or any circumstance which may present an imminent threat to the health, safety or welfare of any person, place or property which demands immediate action.

“Street-legal all-terrain vehicle” or “street-legal ATV” means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle that is modified to meet the requirements of Section 41-6a-1509, Utah Code Annotated, to operate on highways in the State in accordance with Section 41-6a-1509, Utah Code Annotated. (Section 41-6a-102(68), Utah Code Annotated.)

“Vehicle” means motor vehicle, off-highway vehicle, all-terrain vehicle, street-legal all-terrain vehicle, or motorcycle.

“Weekday” means any day Monday through Friday which is not a legal holiday. (Ord. 21-07 § 1, 2021)