AZ HB2389

Adds new subsection D requiring that any prosecution for public nuisance involving noise must include an accurate recording and measurement of the noise by a peace officer or code enforcement officer.

Specifies that sound pressure measurements must be made on the A-weighted fast response mode scale using standardized methods (ANSI S1.2-1962 and ANSI S1.2-1971) and a type 1 sound meter or equivalent device.

Defines "A-weighted" as a frequency weighting network used to account for changes in sensitivity as a function of frequency.

Reclassifies existing subsection D as subsection E, which maintains the penalty of class 2 misdemeanor for knowingly maintaining or committing a public nuisance.

Applies retroactively to all pending cases where the defendant has not pleaded guilty or no contest and the case has not yet been submitted to a fact finder as of the effective date.