A.

The purpose of the Noise Control Ordinance is to assess complaints of noise alleged to exceed county standards as set forth by this chapter and to address violations of these standards within the unincorporated areas of Tehama County. This chapter is consistent with the 2009-2029 Tehama County General Plan and Implementation Measure No. N-2.1a. The purpose of this chapter is to regulate noise.

B.

The noise element of the Tehama County General Plan provides a basis for comprehensive local policies to control and abate environmental noise and to protect the citizens of the county from excessive noise exposure (TC General Plan-pg.9.0-1).

C.

Noise has been cited as being a health problem, not only in terms of actual physiological damages such as hearing impairment, but in terms of inhibiting general well-being and contributing to stress and annoyance. The health effects of noise arise from interference with human activities such as sleep, speech, recreation, and tasks demanding concentration or coordination (TC General Plan-pg.9.0-2).

(Ord. No. 2123 , § 1, 8-2-2022)

The following words, phrases and terms as used in this chapter shall have the following meanings:

"County." Shall mean the unincorporated area of the County of Tehama.

"County officials." For the purpose of this chapter, "county officials" shall mean any authorized employee and/or official employed by Tehama County for code enforcement purposes that shall include, but not be limited to the County Code Enforcement Department, Environmental Health Department and the Tehama County Sheriff's Office.

"Emergency work." Shall mean the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.

"Enforcing officer." Shall mean the director of environmental health, sheriff, and any person employed by the county and appointed to the position of code enforcement officer, as established by Tehama County Resolution Number 125-1991, each of whom is independently authorized to enforce this chapter. Whenever necessary to ascertain and/or abate any violation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the landowner and/or occupant thereof. Notwithstanding the foregoing, the enforcing officer may enter onto any premises or into any building under authority of warrant issued pursuant to Code of Civil Procedure sections 1822.50 et seq.

"Off-road vehicles." Shall mean vehicles that operate in areas other than public roadways or right-of-way.

"Person." Shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.

"Residential uses." Shall mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels.

(Ord. No. 2123 , § 1, 8-2-2022)

Notwithstanding any other provisions of this chapter and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any excessive, unnecessary or offensive noise levels, which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the following individual violations, of which may also be declared cumulatively:

A.

There shall be no noise as described in this subsection, except as allowed in Section 17.77.040, between the hours of ten p.m. and seven a.m. Monday through Friday or between the hours of ten thirty p.m. and eight a.m. Saturday and Sunday:

1.

The sound level of the objectionable noise can be heard clear enough to repeat and/or recite at or beyond five hundred feet from the noise source's property line and/or fence;

2.

Three or more residential dwellings that are within five hundred feet of the noise sources property line and/or fence have registered a complaint with County Officials within twenty-four hrs. of the alleged noise violation;

3.

The noise complaint is consistent with the standards identified in subsections 17.77.030.A.1. or A.2. and exhibits a continuous, recurrent or intermittent characteristic and/or element such as short sound bursts, that include but are not limited to hammering, engine revving, screaming, yelling, dogs barking and/or gun shots;

4.

The noise complaint is consistent with the standards identified in subsections 17.77.030.A.1. or A.2. and includes tonal, informational, or musical/lyrical content.

(Ord. No. 2123 , § 1, 8-2-2022)

The following activities shall be exempted from the provisions of this chapter:

A.

Activities conducted at parks, public playgrounds, school grounds and/or fairgrounds, provided that such facilities are owned and operated by a public entity. Non-profits are not considered a public entity pursuant to this chapter;

B.

Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work at any time;

C.

Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand feet of residential uses, provided said activities do not take place between the following hours:

1.

Sunset to sunrise on weekdays and non-holidays;

2.

Friday commencing at six p.m. through and including eight a.m. on Saturday, as well as not before eight a.m. on holidays;

3.

Saturday commencing at six p.m. through and including nine a.m. on Sunday; and,

4.

Sunday after the hour of six p.m.

Construction stipulation: Provided, however, when an unforeseen or unavoidable condition occurs during a construction project approved by the county public works department, and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work into the hours delineated above and to operate machinery and equipment necessary to complete the specific work in progress until that specific work can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner;

D.

Noise sources associated with agricultural and timber management operations in zones permitting agricultural and timber management uses;

E.

All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control;

F.

Noise sources associated with non-construction related maintenance of residential property, provided said activities take place between seven a.m. to sunset on Monday thru Friday, or between the hours of eight a.m. and five p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment;

G.

Any activity, to the extent provisions of Chapter 65 of Title 42 of the United States Code, and Articles 3 and 3.5 of Chapter 4 of Division 9 of the Public Utilities Code of the State of California pre-empt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas, any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States, or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation;

H.

Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States;

I.

Private recreational activities (including off-road vehicle operation and gunfire occurring while hunting or target practice consistent with all state laws on private property) taking place during daytime hours (nine a.m. to sunset).

(Ord. No. 2123 , § 1, 8-2-2022)

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or religious facility, while the same is in use, to exceed the noise provisions specified in this chapter or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital.

(Ord. No. 2123 , § 1, 8-2-2022)

It is unlawful for any person to operate any recreational off-road vehicle within the county in such a manner that the noise level exceeds the noise provisions specified above, or is in violation of the noise criteria as specified under exemptions above.

(Ord. No. 2123 , § 1, 8-2-2022)

County animal control handles complaints concerning barking dogs as set forth in Section 7.25.130, which addresses the abatement of public nuisance caused by barking dogs within the county. The provisions of this chapter are in addition to, and do not supersede or limit, the provisions of Section 7.25.130.

(Ord. No. 2123 , § 1, 8-2-2022)

Whenever the enforcing officer has reasonable cause to believe that a violation of this chapter exists, they may conduct an investigation of the alleged violation. Whenever it is affirmed orally over the phone and/or in writing pursuant to Section 17.77.030, subdivision A., by persons residing in three separate residences that a violation of this chapter exists, the officer shall investigate the alleged violation; provided, however, that where there is only one person residing or regularly employed within five hundred feet of the alleged violation, written and/or oral affirmation of only that one person shall be required for officer to investigate the alleged violation. If, upon investigation, the officer determines that a violation of this chapter exists, the officer may issue a citation or order to summary abate the nuisance to the owner and/or occupant of said property at which the violation has occurred directing that such violation be abated. In the event that the owner and/or occupant of said property at which the violation has occurred does not comply with the citation or order, the officer may immediately refer the matter to the district attorney for prosecution of the violation.

Provisions of this chapter are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other action, proceedings or remedies provided by law.

(Ord. No. 2123 , § 1, 8-2-2022)

Notwithstanding any other provision of this chapter, when any unlawful noise constitutes an immediate threat to public health or safety as provide in Sections 17.77.010, subdivisions A. and B., and 17.77.030, and when the procedures set forth in Sections 10.16.060 through 10.16.190 would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may summarily abate the nuisance. The officer shall make reasonable efforts to notify the persons as provided by Section 10.16.080, but the formal notice and hearing procedures set forth in Sections 10.16.060 through 10.06.110 shall not apply. The county may nevertheless recover its costs for abating that nuisance in the manner set forth in Section 17.77.100 and/or Chapter 10.16.

(Ord. No. 2123 , § 1, 8-2-2022)

If an enforcing officer has reason to believe a violation has occurred and the violation is not corrected forthwith, all costs incurred in pursuing the subsequent enforcement process may be recovered from the violator.

If the officer does not have reason to believe a violation has occurred, the cost of the first investigation shall be borne by the county. Any costs incurred in investigating subsequent complaints that are determined not to be a violation shall be borne by the complainant.

It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining whether or not a violation of this chapter has occurred.

(Ord. No. 2123 , § 1, 8-2-2022)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Any violation of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated in the manner set forth in chapter 10.16, in addition to any other remedies.

(Ord. No. 2123 , § 1, 8-2-2022)