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All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications Section 1.4-2014 as it currently exists or is later amended. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below:

A. “Administrator” means the noise control administrator as established in Section 20.08.130, or designee.

B. “dB(A)” means a sound level, measured in decibels, using the A frequency-weighting network of a sound level meter.

C. “District” means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter the following noise control districts shall be established which include land use zones designated in the Everett zoning code as follows:

Noise Control District

Land Use Zones

1. District I

All residentially zoned districts including but not limited to R.S., R-1, R-1A, R-2, R-2A, R-3, R-3L, R-4, R-5, and UR.

2. District II

All business and commercially zoned districts including but not limited to B-1, B-2, UM, BMU, E1, E-1 MUO, C-1, C-1R, C-2 and ULI.

3. District III

All agricultural and manufacturing zoned districts including but not limited to A, M-M, M-1, M-S, W-C and all other nonresidential, nonbusiness and noncommercially zoned districts.

For any land use zone not listed in this subsection C, the administrator may determine that the zone is substantially similar to a zone listed in this subsection C and may classify it similarly for purposes of this chapter.

D. “Emergency work” means work made necessary to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility service.

E. “Gross vehicle weight rating” means the value specified by the manufacturer as the recommended maximum loaded weight of a single vehicle.

F. “Motorcycle” means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors and such vehicles powered by engines of less than five horsepower.

G. “Motor vehicle” means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16A.030. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.)

H. “New motor vehicle” means a motor vehicle manufactured after December 31, 1976, the equitable or legal title of which has never been transferred to a person who, in good faith, purchases the new motor vehicle for purposes other than resale.

I. “Noise” means the intensity, duration and character of sounds from any and all sources.

J. “Off-highway vehicle” means any self-propelled motor driven vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16A.030.

K. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.

L. “Property boundary” means the survey line at ground surface which separates the real property owned, rented or leased by one or more other persons and its vertical extension.

M. “Public highway” means the entire width between the boundary lines of every way publicly maintained by the department of highways or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right.

N. “Public nuisance noise” means any sound which annoys, injures, interferes with or endangers the comfort, repose, health or safety of others and affects the rights of a community or neighborhood although the extent of the damage may be unequal.

O. “Receiving property” means real property within which sound originating from sources outside the property boundary is received.

P. “Sound level” means a weighted sound pressure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications, Section 1.4-2014.

Q. “Sound level measurement procedures” means standardized procedures for the measurement of sound levels of sources regulated by this chapter and performed in accordance with the Washington State Department of Ecology rules, Chapter 173-58 WAC.

R. “Sound level meter” means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Section 1.4-2014.

S. “Temporary construction site” means any location where site clearing, construction of plat improvements, or construction or remodeling of a structure, facility, improvement or other feature attached to the land occurs. This includes roadway, bikeway, trail, sidewalk or other similar construction, repair or improvement.

T. “WAC” means the Washington Administrative Code as currently enacted or hereafter amended.

U. “Watercraft” means any contrivance, excluding aircraft, used or capable of being used as a means of transportation or recreation on water.

V. “Weekend” means Saturday and Sunday or any legal holiday observed by the state of Washington. (Ord. 3617-18 § 73, 2018; Ord. 3509-16 § 2, 2016; Ord. 3440-15 § 3, 2015; Ord. 1556-89 § 1, 1989; Ord. 690-80 § 2, 1980; Ord. 534-78 § 2, 1978.)