SB 1502 — public nuisance; noise; evidence

SB1502 - 551R - S-TownsendS flrVer amend  (ref  Bill)  adopted-AdoptedSenate            Engrossed Bill  Number:public nuisance;

S.B.noise;

evidence         State of Arizona Senate Fifty-fifth Legislature First Regular Session       SENATE BILL 1502              Townsend  Floor  AmendmentAN            ACT Reference  to:amending section 13-2917, Arizona Revised Statutes;

printedrelating billto            public Amendmentnuisance. drafted by:

Leg Council     FLOOR(TEXT AMENDMENTOF EXPLANATIONBILL BEGINS ON NEXT PAGE)   1.Be it enacted by the Legislature of the State of Arizona:

 Section 1. Adds a mental state of intentionally to creating a public nuisance by interfering with the comfortable enjoyment of life or property.

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 intentionally interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons.

 To Allowsunlawfully soundobstruct measurementthe tofree bepassage takenor byuse, ain typethe 2customary soundmanner, meter.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.

 Any Removesresidence thedistrict applicabilityas clause.defined in section 28-101.

 C.   Fifty-fifth Legislature                                                  Townsend First Regular Session                                                   S.B.

1502The  county TOWNSENDattorney, FLOORthe AMENDMENTattorney SENATEgeneral AMENDMENTSor TOthe S.B.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.

1502D. (Reference to printed bill)   Page 1, line 9, after "that" insert "intentionally" Line 34, after "1" insert "or 2" Strike page Amend title to conform     KELLY TOWNSEND   1502FloorTOWNSEND 02/22/2021 09:22 AM C:

SPA  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 or 2 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