Article 5 — NOISE MAKING DEVICES

Notwithstanding section 7-29-1055 of this Chapter, it shall be unlawful for any person to use any noise making device within one-eighth (1/8) mile of any residence (excluding the residence of the user) to repel birds or other agricultural pests, including without limitation propane exploders and gas cannons, if the occupant of any such residence files a complaint about such use with the Agricultural Commissioner, and such use does not conform with the proper and accepted customs and standards established by Guidelines developed for such use by the Agricultural Commissioner and adopted by Resolution of the Board of Supervisors. (Amended by Ord. No. 3559, effective 6-20-19)

After receiving a complaint from an occupant of a residence as provided in section 7-29-1120, the Agricultural Commissioner shall immediately conduct an investigation of the use which is the subject of the complaint. If the Agricultural Commissioner determines that such use does not conform with the proper and accepted customs and standards established by Guidelines developed for such use by the Agricultural Commissioner and adopted by Resolution of the Board of Supervisors, he shall notify the user in writing of the violation. The notice shall specify any measures required to correct the violation, and the time within which the measures must be taken. If the measures specified are performed within the time indicated, no further action will be taken to punish the violation.

Any person notified that he is in violation of this Article by the Agricultural Commissioner may apply to the Board of Supervisors for a review of the determination of the Agricultural Commissioner by filing with the Clerk of the Board of Supervisors a written appeal in accordance with section 165 of the Ordinance Code of Tulare County.

• (a) Any person violating any provision of this Article shall be guilty of an infraction punishable as provided in section 125 of this Ordinance Code. Each day that the violation continues after final determination of the violation by the County as provided in this Article shall be deemed a new and separate violation.

• (b) The County of Tulare may bring an action in a court of competent jurisdiction to enjoin any act in violation of this Article.

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County of Tulare, CA § 7-31-1000

LAND USE REGULATION AND PLANNING

§ 7-31-1015