Yuba County Municipal Code Art. 7 Exemptions/Permits

Where the applicant can show that notwithstanding the application of all available noise abatement techniques, immediate compliance with the requirement of this Chapter would be impractical or unreasonable, a conditional and/or limited noise permit may be granted an applicant, exempting the particular project or activity from the provisions of this Chapter for a limited period, not to exceed six months, subject to renewal upon a further showing of good cause conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Applications for such permit shall be made to the Community Development and Services Agency to process such permits upon a form provided therefor. Such application shall be processed in the following manner:

(1) The Director of the Community Development and Services Agency, or his or her designee, is empowered to deny any such application.

(2) In determining whether to grant or deny the application, the Director of the Community Development and Services Agency, or his or her designee, shall balance the hardship on the applicant, the community, and other persons of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the permit. Applicants for permits and persons contesting permits may be required to submit such information as the Director of the Community Development and Services Agency, or his or her designee, may reasonably require. In granting or denying an application, the Director of the Community Development and Services Agency shall keep on public file a copy of the decision and the reasons for denying or granting the permit.

(3) Permits shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any conditions of the permit shall terminate the permit and subject the person holding it to those provisions of this Chapter for which the permit was granted.

(4) Prior to issuance of the permit, a fee in the amount set forth in Title XIII shall be paid to the County of Yuba. The same fee shall be required for each renewal of the original permit.

(Prior Code, § 8.20.710; Ord. No. 1094; Ord. No. 1405)

• Exemption permit; special events conducted on public property at with mechanical or amplifying equipment.

(a) Every user of sound amplifying equipment shall file an application with the Community Development and Services Agency 21 days prior to the date on which the sound amplifying equipment is intended to be used, which application shall contain the following information:

(1) The name, address and telephone number of both the owner and user of the sound amplifying equipment;

(2) The maximum sound producing power of the sound amplifying equipment, which shall include the wattage to be used, the volume in decibels of sound which will be produced, and the approximate distance for which the sound will be audible from the sound amplifying equipment;

(3) The license and motor number if a sound truck is to be used;

(4) A general description of the sound amplifying equipment which is to be used; and

(5) Whether the sound amplifying equipment will be used for commercial or noncommercial purposes.

(b) Upon application, filed in the manner provided by this Section, the Director of the Community Development and Services Agency, or his or her designee, may issue a permit exempting from the requirements of this Chapter any special event conducted on public property at which noise is produced by any mechanical or amplifying equipment which will, or is likely to, exceed the noise limits provided for by this Chapter if the Director of the Community Development and Services Agency, or his or her designee, after considering such application, finds:

(1) That the special event is of interest to a substantial number of persons residing in the County;

(2) That the special event is open to all persons residing in the County, subject only to the payment of a reasonable fee by those persons attending the event; and

(3) That compliance with the provisions of this Chapter would unreasonably interfere with the conduct of the special event.

(c) If the Director of the Community Development and Services Agency, or his or her designee, finds that such special event meets all of the requirements of this Section, the Director of the Community Development and Services Agency, or his or her designee, shall issue such permit to the person or persons sponsoring the special event; provided, however, that in approving such permit, the Director of the Community Development and Services Agency, or his or her designee, may impose reasonable limitations on the conduct of the special event, including limitations on the date and times during which the special event may take place and limitations on the level of noise produced at this special event not more stringent that the limitations on noise provided by this Chapter. In addition, the Director of the Community Development and Services Agency, or his or her designee, may require, as a condition of the issuance of such permit, that the person or persons sponsoring such event take such measures as may be prescribed by the Director of the Community Development and Services Agency, or his or her designee, to mitigate the adverse effect of the noise produced at the special event.

(d) Prior to issuance of the permit, a fee in the amount, established in Section 13.20.300, shall be paid to the County, if the mechanical or amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of mechanical or amplifying equipment for noncommercial purposes.

(Prior Code, § 8.20.720; Ord. No. 1094; Ord. No. 1405)

(a) No provision contained herein shall be deemed to have any force or effect on territory located within the boundaries of Beale Air Force Base which is located within the County of Yuba, nor upon sounds emanating therefrom.

(b) No provision contained herein shall be deemed to supersede or overrule any provision of the Yuba County General Plan, nor any noise element thereof.

(c) No provision contained herein shall be deemed to supersede or overrule any provision of Chapter 11.55 of the Yuba County Ordinance Code which relates to farming and mining operations.

(d) Nothing contained herein shall be deemed to prohibit collection of refuse, as defined in Yuba County Ordinance Code, Section 7.05.130, by a licensed refuse disposal company as it is in the interest of the public health and safety that these activities take place during early morning hours when vehicle and pedestrian traffic is at a minimum.

(Prior Code, § 8.20.730; Ord. No. 1094)

Any person aggrieved by the decision of any administrative officer empowered to administer the provisions of this Chapter shall have the right to appeal the decision of any such officer to the Board of Supervisors.

(Prior Code, § 8.20.740; Ord. No. 1094)