ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: JUD DP 7-3-0-0

HB 2618: public nuisance; noise; evidence.

Sponsor:  Representative Parker, LD 16

House Engrossed

Overview

Sets recording and measurement standards for the prosecution of a public nuisance that involves noise.

History

A public nuisance occurs when anything is harmful, indecent, offensive to the senses or an obstruction to the free use of property that prevents the enjoyment of life or property by a community, neighborhood, or a number of people. It is also a public nuisance to obstruct the use of any navigable body of water, park or square or roadway. Finally, it is a public nuisance to sell obscene items within 2,000 feet of a school, park or residential district.

An individual who commits a public nuisance or fails to perform a legal duty to remove a public nuisance is guilty of a class 2 misdemeanor (A.R.S. § 13-2917).

Provisions

1.   Requires a recording and measurement of noise by a peace officer or code enforcement officer for prosecution of public nuisance that involves noise and is harmful, indecent, offensive to the senses or an intentional obstruction to the use of property. (Sec. 1)

2.   Outlines the sound pressure measurement scale and standards that must be used for prosecution. (Sec. 1)

3.   Defines A-weighted. (Sec. 1)

4.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical and conforming changes. (Sec. 1)

5.    

6.    

7.   ---------- DOCUMENT FOOTER ---------

8.                     HB 2618

9.   Initials LC/AF        Page 0 House Engrossed

10.   

11.  ---------- DOCUMENT FOOTER ---------