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Article II. Nuisance Noises
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For the purposes of this article the following words and phrases shall be defined as follows:

(1) "Construction" means any activity necessary or incidental to the erection, demolition, assembling, altering, installing, repairing or equipping of buildings, roadways or utilities, including land clearing, grading, excavating and filling.

(2) "Dwelling unit" means a building or portion thereof regularly used for residential occupancy

(3) "Dynamic braking device" means a device, commonly called "jake brakes," used primarily on trucks and buses to convert the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes.

(4) "Motor vehicle" means any land vehicle that is or is designed to be self-propelled and/or that is designed or used for transporting persons or property.

(5) "Noise disturbance" means any sound that is plainly audible within any dwelling unit or sleeping unit not the source of the sound, and that:

(a) Injures or endangers the safety and health of humans; or

(b) Unreasonably tends to annoy or disturb one or more persons; or

(c) Endangers or injures personal or real property. Whether any particular sound constitutes a noise disturbance is to be determined in light of all relevant circumstances, including but not limited to the loudness of the sound as heard outside of the property or location where the sound originates, the time of day the sound is heard, and the duration of the sound.

(6) "Off-road vehicle" means any vehicle, including motor vehicles, used off public rights-of- way for recreation purposes, including racing vehicles.

(7) "Person" means an individual, corporation, partnership, association, governmental body, state or other entity whatsoever.

(8) "Property" means anything of value, whether tangible or intangible, real or personal.

(9) "Officer" means the town marshal or his designee or any law enforcement officer. (Ord. 340 § 1, 1990)