ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session

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HB 2389: public nuisance; noise; evidence

Sponsor:  Representative Townsend, LD 16

Committee on Regulatory Affairs

Overview

Requires a noise violation to include an accurate recording and measurement of the noise by a peace officer using specified standards. 

History

It is considered a public nuisance when the extent of the annoyance or damage inflicted is injurious to health, indecent, offensive to the senses or obstructs the free use of property that interferes with the comfortable enjoyment of life or property by a community.  Any person who maintains, commits or refuses to remove a public nuisance is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).

Provisions

1. Requires the prosecution of a noise violation to include an accurate recording and measurement of the noise by a peace officer.  (Sec. 1)

2. Requires the following types of noise measurements be used:

a) Sound pressure measurements made on the A-Weighted fast response mode scale;

b) Measurements taken according to American National Standards Institute's (ANSI):

i. Standard method ANSI S1.2-1962 (R1976);

ii. Physical measurement of sound and ANSI S1.2-1971 (R1976);

iii. ANSI method for measuring sound pressure levels; and

iv. Measurements taken using a Type 1 sound meter meeting the requirements of ANSI S1.4L-1971 (Sec. 1). 

3. Defines A-Weighted as a frequency weighting network that is used to account for changes in sensitivity as a function of frequency.  (Sec. 1)

4. Makes technical and conforming changes.  (sec. 1)

5. Contains an applicability clause.  (Sec. 2)

6. Contains an emergency clause.  (Sec. 3)

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Initials JR              Regulatory Affairs

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