Butte County Municipal Code Art. II Noise Regulations

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, but not be limited to, the following:

(a) The sound level of the objectionable noise;

(b) The proximity of the noise to residential uses;

(c) The time of day or night the noise occurs;

(d) The duration of the noise and its tonal informational or musical content; and

(e) Whether the noise is continuous, recurrent or intermittent.

(Ord. No. 4053, § 1, 3-26-13)

(a) Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined herein.

(b) The location selected for measuring exterior noise levels shall be at a point at least one (1) foot inside the property line of the affected residential property closest to the noise source or where the noise level is greatest. Where feasible, the microphone shall be at a height of five (5) feet above ground level and shall be at least four (4) feet from walls or similar reflecting surfaces. In the case of interior noise measurements, the windows shall be closed and the measurement shall be made at a point at least four (4) feet from the wall, ceiling or floor nearest the affected occupied area. The exact location of the sound measurements shall be at the discretion of the enforcement officer.

(Ord. No. 4053, § 1, 3-26-13)

(a) The following noise standards, unless otherwise specifically indicated in this chapter, shall apply to all noise sensitive exterior areas within Butte County.

(b) It is unlawful for any person at any location within the County to create any noise which causes the noise levels on an affected property, when measured in the designated exterior location, to exceed the noise standards specified above.

(c) Each of the noise limits specified in subdivision (a) of this section shall be reduced by five (5) dBA for recurring impulsive noise, simple or pure tone noise, or for noises consisting of speech or music.

(d) Noise level standards, which are up to five (5) dBA less than those specified above, based upon determination of existing low ambient noise levels in the vicinity of the project site may be imposed.

(e) In urban areas, the exterior noise level standard shall be applied to the property line of the receiving property. In non-urban areas, the exterior noise level standard shall be applied at a point one hundred (100) feet away from the residence or at the property line if the residence is closer than one hundred (100) feet. The above standards shall be measured only on property containing a noise sensitive land use.

(Ord. No. 4053, § 1, 3-26-13)

(a) The following noise standards, unless otherwise specifically indicated in this chapter, shall apply to all noise sensitive interior areas within Butte County.

(b) It is unlawful for any person at any location within the County to create any noise which causes the noise levels on an affected property, when measured in the designated interior noise sensitive area, to exceed the noise standards specified above.

(c) Each of the noise limits specified in subdivision (a) of this section shall be reduced by five (5) dBA for recurring impulsive noise, simple or pure tone noise, or for noises consisting of speech or music.

(Ord. No. 4053, § 1, 3-26-13)

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

(a) School bands, school athletic and school entertainment events between the hours of 7 a.m. to 10 p.m.;

(b) Temporary activities such as Outdoor gatherings, public dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a license or permit by the County, between the hours of 7 a.m. to 10 p.m. unless otherwise set forth in the license or permit;

(c) Uses permitted in the Sports and Entertainment (SE) zone and Recreation Commercial Overlay (-REC) zone between the hours of 7 a.m. to 10 p.m.;

(d) Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school between the hours of 7 a.m. to 10 p.m.;

(e) Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work;

(f) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within one thousand (1,000) feet of residential uses, provided said activities do not take place between the following hours:

• Sunset to sunrise on weekdays and non-holidays;

• Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays;

• Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and,

• Sunday after the hour of 6:00 p.m.

Provided, however, when an unforeseen or unavoidable condition occurs during a construction project 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;

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

(h) 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;

(i) Noise sources associated with maintenance of residential area property, provided said activities take place between 7:00 a.m. to sunset on any day except Saturday, Sunday, or a holiday, or between the hours of 9:00 a.m. and 5:00 p.m. on Saturday, Sunday, or a holiday; and, provided machinery is fitted with correctly functioning sound suppression equipment;

(j) 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 preempt 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;

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

(l) 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 (9:00 am to sunset) that does not exceed an L eq of sixty-five (65) dBA when measured at any point on the property line over any thirty (30) minute period.

(Ord. No. 4053, § 1, 3-26-13)

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 standards 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. 4053, § 1, 3-26-13)

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 standards specified above at either interior or exterior spaces of noise sensitive areas, or as specified under Exemptions above. All vehicles must have a USDA Forest Service approved, or manufacturer certified, spark arrestor.

(Ord. No. 4053, § 1, 3-26-13)

Butte County Animal Control handles complaints concerning barking dogs as set forth in Butte County Code Chapter 4, Animals, Article IA, Barking Dogs, which addresses the abatement of barking dog complaints within the unincorporated areas within the Spheres of Influence of incorporated cities. Sections 4-1.1, Nuisances-Prohibited, and 4-1.2, Same-Defined, prohibit allowing a dog to commit a nuisance in the remaining unincorporated areas, where nuisance is defined in 4-1.2(e) as "creating a disturbance in a neighborhood by howling, barking or making unusual noises."

(Ord. No. 4053, § 1, 3-26-13)

No collection activities shall take place within five hundred (500) feet of an area zoned for residential use earlier than 5:30 a.m. or later than 8:00 p.m., or on Sundays or holidays, except in emergencies or with the approval of the Local Enforcement Agency (Butte County Code Chapter 31, Solid Waste Collection, Management and Recycling).

(Ord. No. 4053, § 1, 3-26-13)