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

“Background Noise” means noise which exists at a point as a result of a combination of many distant sources individually indistinguishable.

“Commercial area” means a district that has been assigned a zoning designation of District C-0, C-1, C-2 or C-3 in accordance with Chapters 19.32, 19.34, 19.36, and 19.38 of the Olathe Municipal Code.

“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, buildings, utilities or similar property.

“Decibel (dB)” means a unit for measuring the level of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the RMS pressure of the sound measured to the RMS reference pressure, which is 20 micropascals (20 micronewtons per square meter.)

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

“Emergency” means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

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

“Equivalent A-weighted sound level (LEQ)” means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. For the purposes of this ordinance, a time period of not less than ten (10) minutes, and representative of the noise condition of interest, shall be used, unless otherwise specified.

“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.

“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 area” means a district that has been assigned a zoning designation of District M-1, M-2 or M-3 in accordance with Chapters 19.42; 19.44; and 19.46 of the Olathe Municipal Code.

“Motor carrier vehicle engaged in interstate commerce” means any vehicle for which regulations apply pursuant to Section 18 of the Federal Noise Control Act of 1972 (P.L. 92-574), as amended, pertaining to motor carriers engaged in interstate commerce.

“Motor vehicle” means every vehicle which operates on land, other than a motorcycle, which is self-propelled as defined in K.S.A. 8-126.

“Motorboat” means any vessel which operates in or on water, propelled by machinery, whether or not such machinery is the principal source of propulsion as defined in K.S.A. 32-1102. Such a vessel would include, but is not limited to, boats, barges, amphibious craft, water ski towing devices and hovercraft.

“Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “tractor”, as defined in K.S.A. 8-126.

“Muffler or sound dissipative device” means a device for abating the sound of escaping gases of an internal combustion engine, or for abating sound transmitted in a duct, chase, pipe or other opening.

“Noise” means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

“Noise control officer (NCO)” means the designated representative of the director of the Development Services, City of Olathe, where the responsibility for the city noise control program is established.

“Noise disturbance” means any sound which

“Noise sensitive zone” means any area designated pursuant to Section 6.18.030(A)(3) of this ordinance for the purpose of ensuring exceptional quiet.

“Person” means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

“Planned unit development” means a district that has been assigned a zoning designation of District PUD in accordance with Chapter 19.10 of the Olathe Municipal Code.

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

“Public right-of-way” means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.

“Public space” means any real property, buildings or structures thereon 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. For the purposes of this ordinance, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by 5 dB for center frequencies of 500 Hz and above and by 8 dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than or equal to 125 Hz.

“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.

“Recreational aircraft” means flying vehicles which have a primary purpose of sport flying, such as motorized hang gliders, ultralight aircraft and hot air balloons.

“Residential area” means a district that has been assigned a zoning designation of District R-A, R-A-1, R-1, R-2, R-3, R-4 or R-5 in accordance with Chapters 19.14; 19.16; 19.18; 19.20; 19.22; 19.24; 19.26 and 19.28 of the Olathe Municipal Code.

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

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

“Sound level” means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.42 1986 (R 1998) or the latest approved revision thereof). If the frequency weighting is not indicated, the A-weighting shall apply. If the meter time response is not indicated, the “slow” response shall apply.

“Sound level meter” means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, 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 at a given point in space, as produced by sound energy.

“Sound pressure level” means 20 times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20 x 10-6 N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels.

“Weekday” means any day Monday through Friday which is not a legal holiday. (Ord. 00-89 § 1, 2000; Ord. 87-30 § 26, 1987.)