Chapter - 1500-21.5

This Article establishes standards and procedures to protect the health and safety of County residents from the harmful effects of exposure to excessive, unnecessary or offensive noise.

(Ord. of 6-28-2022)

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

A. Ambient Noise Level. All-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

B. Decibel (dB). A unit used to express the relative intensity of sound as it is heard by the human ear. The lowest volume a normal ear can detect under laboratory conditions is zero dB, the threshold of human hearing. Since the decibel is logarithmic, ten decibels are ten times more intense and 20 decibels are a 100 times more intense than 1 dB.

C. Equivalent Sound Level (Leq). The average of sound energy occurring over a specified period. The L eq is equivalent to the same average acoustical energy as the time-varying sound that actually occurs during a specified period.

D. Impulsive Noise. A noise characterized by sound pressures whose peak levels are very much greater than the ambient noise level resulting in instantaneous sharp sounds, such as might be produced by the impact of a pile driver, hammering, back-up alarm, or gunfire, typically with 1 second or less duration.

E. Noise Level. A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response (1,000 milliseconds up and down) with a reference pressure of 20 micropascals. A fast meter response (125 milliseconds up and down) shall be used for impulsive noise. The unit of measurement shall be designated as "dBA."

F. Noise Sensitive Uses. Land uses considered more sensitive to noise than others due to the amount of noise exposure and types of activities typically involved at the land use location such as residences, schools, motels and hotels, libraries, religious institutions, hospitals and nursing homes.

G. Simple Tone Noise or Pure Tone Noise. A noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle, squeal, screech, or hum.

H. Sound Level Meter. An instrument meeting American National Standard Institute (ANSI) Standard S1.4-1971 for Type 2 sound level meters that is calibrated utilizing an acoustical calibrator meeting ANSI Type 2 standard, performed immediately prior to recording any sound data. Calibration equipment shall be certified annually.

I. Sound Pressure Level. A sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2-1962 and 51.13-1920. It is computed as ten times the logarithm of the source sound pressure divided by a reference sound pressure.

(Ord. of 6-28-2022)

Notwithstanding any other provisions of this Article, 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 noise sensitive use, or which causes discomfort or annoyance to any reasonable person of normal sensitivity.

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 or other noise sensitive uses;

C. The time of day or night the noise occurs;

D. The duration of the noise and its tonal informational or musical content;

E. Whether the noise is continuous, recurrent or intermittent; and

F. The level and intensity of ambient background noise, if any.

(Ord. of 6-28-2022)

A. Noise Level Measurement. Any noise level measurements made pursuant to the provisions of this Article shall be performed using a sound level meter as defined in Section 1500-21.5-020.

B. Designated Exterior Noise Measurement Location. The location selected for measuring exterior noise levels shall be within one foot or as close as is practicable inside the property line of the receiving property closest to the noise source or where the noise level is greatest. Where feasible, the microphone shall be at a height of five feet above ground level and shall be at least four feet from walls or similar reflecting surfaces.

(Ord. of 6-28-2022)

The noise standards shown in Table 1500-21.5-1, unless otherwise specified in this Article, shall apply to all noise sensitive exterior areas within Sutter County.

Table 1500-21.5-1: EXTERIOR NOISE STANDARDS

A. Exterior Noise Violation. It is unlawful for any person at any location within the County to create any noise which causes the noise levels on a noise sensitive receiving property, when measured in the designated exterior noise measurement location, to exceed the noise standards specified in Table 1500-21.5-1.

B. Impulsive, Simple and Pure Tone Noise. Each of the noise limits specified in Table 1500-21.5-1 shall be reduced by 5 dBA for recurring impulsive noise, simple or pure tone noise, or for noises consisting of speech or music.

C. Ambient Noise Level. Noise level standards, which are up to five 5 dBA less than those specified in Table 1500-21.5-1 may be imposed, based upon determination of existing low ambient noise levels in the vicinity of the receiving property.

D. Application. The exterior noise level standard shall be applied to the property line of the receiving property (as measured no more than one foot or as close as practicable inside the property line).

(Ord. of 6-28-2022)

A. Animals and Birds. It is unlawful for any person to possess or harbor any animal or bird that howls, barks, meows, squawks, or makes other noises continuously and/or incessantly for an unreasonable period of time so as to create a noise disturbance across a real property line.

B. Audio Equipment. It is unlawful for any person to use or operate audio equipment on private property where said equipment is unreasonably audible beyond the property line. In addition, no person shall operate audio equipment in a vehicle on or within any public street, public park, public parking lot or other public place which is audible to a person of normal hearing sensitivity more than 50 feet from such vehicle.

C. Schools, Hospitals and Churches. It is unlawful for any person to create any noise on any public street, public sidewalk, public park, public parking lot or other public place adjacent to any school, institution of learning, hospital or church while the same is in use, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys the users of such institution.

(Ord. of 6-28-2022)

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

A. Agricultural Activities. Noise sources associated with agricultural activities in zones permitting agricultural uses, which are carried out in any manner consistent with the practice and within the standards of the agricultural industry. This includes without limitation all mechanical devices, apparatus or equipment utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile sources is necessary for pest control.

B. Construction. Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within 1,000 feet of noise-sensitive uses (i.e., residential uses, daycares, schools, convalescent homes, and medical care facilities), provided such activities take place between:

1. 7:00 a.m. to 6:00 p.m. on weekdays

2. 8:00 a.m. to 5:00 p.m. on Saturdays

Construction is prohibited on Sundays and legal holidays unless permission has been applied for and granted by the County.

C. Emergency Activities. Any machinery, equipment, vehicle, manpower or other activity related to or connected with emergency activities or emergency work 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.

D. Temporary Activities and Events. Authorized outdoor or indoor events, gatherings, shows, bands, fairs, festivals, weddings, sporting events entertainment and similar events provided such activities take place between 7:00 a.m. to 10:00 p.m. and do not exceed an L eq of 65 dBA when measured at any point on the property line over any 30 minute period.

E. Maintenance of Residential Property. Noise sources associated with maintenance of residential property, provided such activities take place between 7:00 a.m. to sunset.

F. Parks and Schools. Activities conducted in public parks, public playgrounds and public or private school grounds provided such activities take place between:

1. 7:00 a.m. to sunset for unlighted facilities.

2. 7:00 a.m. to 10:00 p.m. for lighted facilities.

Such activities include, but are not limited to athletic and entertainment events.

G. Private Recreation. Private recreational activities provided such activities take place between 7:00 am to sunset and do not exceed an L eq of 65 dBA when measured at any point on the property line over any 30 minute period. Such activities include, but are not limited to off-road vehicles, pleasure motor boats, and gunfire from target practice consistent with all State laws on private property.

H. State and Federal Preemption. Any activity to the extent regulation thereof has been preempted by state or federal law.

I. Waste Disposal Activities. Waste disposal collection activities provided such activities do not take place within 500 feet of any area zoned for residential use earlier than 5:30 a.m. or later than 8:00 p.m., except in an emergency or with the approval of the County.

J. Legally Established Uses.

1. Allowed activities generated by a legally established use (e.g. a commercial or employment use) impacting non-conforming uses (e.g. a residential use) that, if legally established, would be considered a noise sensitive use.

2. Any land use for which a valid land use approval, entitlement, or permit has been issued by the county prior to the effective date of the ordinance codified in this chapter.

(Ord. of 6-28-2022)

A. If the owner or operator of a noise source demonstrates to the satisfaction of the Director that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Director may issue Zoning Clearance to allow an exception from the provisions thereof. Such Zoning Clearance shall be processed in accordance with Article 1500-25-030 of this Zoning Code.

1. A Zoning Clearance application for a noise exception shall set forth all actions taken to comply with this Article, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment.

2. Any Zoning Clearance for an exception shall be for an initial term as specified by the Director, not to exceed 30 days. Longer terms up to 120 days may be granted by the Planning Commission.

3. In reviewing a Zoning Clearance for a noise exception the approving authority shall consider:

a. The level, intensity and duration of the noise;

b. The magnitude of nuisance caused by the noise;

c. The uses of property within the area affected by the noise;

d. The time of day that the noise occurs;

e. The design and cost of remedial work; and,

f. The general public interest and welfare.

4. A Zoning Clearance for a noise exception may be subject to any terms, conditions and requirements that the approving authority may deem necessary to achieve maximum compliance with the provisions of this Article. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

5. Prior to the Director issuing a Zoning Clearance for a noise exception, a Notice of Intent to Approve shall be issued pursuant to Section 1500-23-060B.

(Ord. of 6-28-2022)

A. The violation of any provision contained in this Article shall constitute an infraction and a public nuisance.

B. It shall be the duty of the Director, County Sheriff and/or other assigned County officials to enforce the provisions of this Article.

C. To determine whether there is a violation of this Article, the assigned County enforcement official will review a complaint in accordance with Sutter County Ordinance Code and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this Article.

D. If the assigned County enforcement official has reason to believe that any provision(s) of this Article has been violated, he/she shall cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this Article alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the County enforcement official, he/she shall commence the enforcement process specified in Article 26.

E. In addition to the penalties for infraction offenses and the procedures for nuisance abatement as set forth in the Sutter County Ordinance Code, any noise level and its source in violation of any of the provisions of this Article may be summarily abated, which may include, but is not limited to, removal, dismantlement and taking into custody the source of such noise, and in this regard, the confiscation of any machine or device used to violate any of the provisions of this Article is hereby authorized to be held for use as evidence in any proceeding that may be brought for such violation.

F. It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining the noise level or the ambient noise level. Such cooperation shall include, but is not limited to, the shutting off or quieting of any noise source so that an ambient noise level can be measured or alternatively the turning on or starting of any noise source that is alleged to exceed standards.

(Ord. of 6-28-2022)