Yuba County Municipal Code Art. 8 Enforcement and Penalties

The Director of the Community Development and Services Agency, or his or her designee, and the Yuba County Sheriff shall have the duty of enforcing the provisions of this Chapter, and such officials are empowered to issue citations for violations.

(Prior Code, § 8.20.810; Ord. No. 1094; Ord. No. 1405)

Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 8.20.830, violation of any provision of this Chapter shall be cause for a notice of violation to be issued by the enforcement official.

(Prior Code, § 8.20.820; Ord. No. 1094)

(a) In lieu of issuing a notice of violation as provided for in Section 8.20.820, the official responsible for enforcement of any provision of this Chapter may issue an order requiring abatement of a sound source alleged to be in violation, within a reasonable time period.

(b) No complaint or further action shall be taken in the event that the cause of the violation has been removed, or the condition abated or fully corrected within the time period specified in the written notice.

(Prior Code, § 8.20.830; Ord. No. 1094)

Any abatement order or notice of violation issued pursuant to Section 8.20.820 or Section 8.20.830 shall be served on any of the following persons as defined in Section 8.20.120:

(1) The person in apparent control of the premises where the violation has occurred;

(2) The owner of record of the property where the violation has occurred;

(3) The person causing the noise where the violation has occurred.

(Prior Code, § 8.20.840; Ord. No. 1094)

(a) Prima facie violation. Any noise exceeding the noise level limits as specified in Section 8.20.140 or the prohibited actions as specified in Sections 8.20.210, 8.20.220, 8.20.230, 8.20.240, 8.20.250, 8.20.260, 8.20.310, 8.20.320, 8.20.330, 8.20.510, and 8.20.610 of this Chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this Chapter.

(b) First offense—Infraction. A person violating any of the provisions of this Chapter shall be deemed guilty of an infraction, and upon conviction thereof shall be fined in an amount not exceeding $100.00. Any subsequent offense within a two-year period from the date of the first offense, shall be considered a misdemeanor as set forth in Subsection (c) of this Section. Each hour a violation is committed or permitted to continue shall constitute a separate offense.

(c) Second and subsequent offenses. Misdemeanor: Any person who has violated the provisions of this Chapter on a prior occasion as set forth in Subsection (b) of this Section and who subsequently violates any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount not exceeding $1,000.00, or be imprisoned in the Yuba County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each day, or portion thereof, that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(d) Additional remedies—Injunctions. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this Chapter which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in this Chapter shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this Chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this Chapter or from other law.

(Prior Code, § 8.20.850; Ord. No. 1094)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.