HB 2389 — public nuisance; noise; evidence

HB2389 - 542R - S-Judiciary-ProposedH Ver   Fifty-fourth  Legislature                                                 JudiciaryHouse Engrossed         State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session                                                 Session H.B.      HOUSE BILL 2389       AN ACT   amending section 13‑2917, Arizona Revised Statutes;

 relating PROPOSEDto SENATEpublic AMENDMENTSnuisance. TO H.B.

2389  (Reference to House engrossed bill)   Page(TEXT 2,OF strikeBILL linesBEGINS 1ON throughNEXT 5PAGE) Amend  titleBe toit conformenacted  by  the EDDIELegislature FARNSWORTHof  the 23891048.docxState 03/11/2020of 10:48Arizona: AM S:

JA/gsSection 1.  Section  13-2917,  Arizona Revised Statutes, is amended to read:

START_STATUTE13-2917.  Public nuisance;

abatement;

classification;

definition A.  It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything:

1.  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 or neighborhood or by a considerable number of persons.

2.  To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

B.  It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any obscene item which is obscene as defined in section 13‑3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following:

1.  Any building used as a private or public elementary or high school.

2.  Any public park.

3.  Any residence district as defined in section 28‑101.

C.  The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section.

D.  A prosecution for a violation of subsection A, paragraph 1 of this section that involves noise must include an accurate recording and measurement of the noise by a peace officer or code enforcement officer.  Sound pressure measurements shall be made on the A‑weighted fast response mode scale.  Measurements shall be taken according to American national standards institute's standard methods ANSI S1.2‑1962 (R1976) American national standard method for physical measurement of sound and ANSI S1.2‑1971 (R1976) American national standard method for measuring sound pressure levels.  Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4L‑1971 or any other device that accurately measures sound levels.

D.  E.  Any 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.

F.  For the purposes of this section, "A‑weighted" means a frequency weighting network that is used to account for changes in sensitivity as a function of frequency.

END_STATUTE Sec. 2.  Applicability Section 13‑2917, Arizona Revised Statutes, as amended by this act, applies to all cases in which the defendant did not plead guilty or no contest and that, as of the effective date of this act, have not been submitted to the fact finder to render a verdict.