 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
public nuisance; noise; evidence
Purpose
Requires a prosecution for a public nuisance noise violation to include an accurate recording and measurement of the noise by a peace officer or code enforcement officer using specified standards.
Background
Statute outlines several ways a person maintains or commits a public nuisance. It is a public nuisance for anything to be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community, a neighborhood or a considerable number of persons.
A person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor. A county attorney, the Attorney General or a city attorney may bring an action in superior court to abate, enjoin and prevent public nuisance activity (A.R.S. § 13-2917).
According to the Joint Legislative Budget Committee fiscal note, providing sound meter devices to peace officers, as required by H.B. 2389, will have a minimal fiscal impact to the state General Fund because the Department of Public Safety does not generally enforce violations of noise ordinances. There may be a local government impact on city and county governments depending on how cites choose to allocate sound meter devices to local law enforcement officers and city code enforcement officers (JLBC fiscal note).
Provisions
1. Requires a prosecution for a public nuisance violation that involves noise to include an accurate recording and measurement of the noise by a peace officer or code enforcement officer.
2. Requires sound pressure measurements to be:
a) made on the A-weighted fast response mode scale;
b) taken according to methods prescribed by the American National Standards Institute (ANSI); and
c) taken using a type 1 sound meter that meets the prescribed requirements of ANSI or any other device that accurately measures sound levels.
3. Defines A-weighted as a frequency weighting network that is used to account for changes in sensitivity as a function of frequency.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Removes the applicability clause.
House Action Senate Action
RA 2/3/20 DP 5-1-1-0 JUD 3/12/20 DPA 4-3-0
3rd Read 3/2/20 31-25-4
Prepared by Senate Research
March 13, 2020
JA/ML/kja