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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
public nuisance; noise; evidence.
Purpose
Requires a prosecution for a public nuisance violation that involves a noise to include an accurate recording or measurement of the noise and outlines requirements for sound pressure measurements of the noise.
Background
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, neighborhood or a considerable number of persons. The Attorney General, a county attorney or a city attorney may bring an action in superior court to abate, enjoin and prevent a public nuisance. Any person who knowingly maintains or commits a public nuisance is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires interference with the comfortable enjoyment of life or property to be done intentionally to be deemed a public nuisance.
2. Requires a prosecution for a public nuisance violation that involves a noise to include an accurate recording and measurement of the noise by a peace officer or code enforcement officer.
3. Requires sound pressure measurements for a public nuisance that involves a noise to be:
a) made on the A-weighted fast response mode scale;
b) taken in accordance with specified American National Standard Institute (ASNI) standards; and
c) taken using a type one or two sound meter that meets ASNI requirements or any other device that accurately measures sound levels.
4. Defines A-weighted as a frequency weighting network that is used to account for changes in sensitivity as a function of frequency.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
JUD 2/10/21 DP 7-3-0-0
3rd Read 3/4/21 31-28-1
Prepared by Senate Research
March 17, 2021
MH/gs