Quiet! Quiet! (July 29, 2005)

Pleasanton's noise regulations aim to keep the peace

Pleasanton's noise ordinance was questioned at a recent City Council meeting by community and council members who were under the impression that Pleasanton did not have any noise regulations, or, if it did, they are not being enforced. Pleasanton actually does have a noise ordinance that details acceptable noise levels for residential and commercial areas, but, said Lieutenant Darrin Davis of the Pleasanton Police Department, enforcing noise regulations can be difficult.

"Where there is difficulty is when the noise isn't constant," Davis said. "Someone has to take a reading while the noise is happening, and if it is after hours, we may have our units tied up and it can take time getting out there. The intermittent noise is difficult to enforce."

To establish that a noise violation has occurred, a police or code enforcement officer has to take a decibel reading at the site while the noise is in progress. If a person is reporting intermittent noise, such as loud music or party noise, the officer may not get to the site at the height of the noise or even while it is in progress. However, noise violations that are regularly occurring, such as a loud air conditioner or spa that is too close to a fence, are easier to enforce since a solid reading can be taken.

For residential areas, a reading of 60 decibels or more at 25 feet away from the source of the noise qualifies as an infraction. Commercial areas also have many regulations regarding noise levels that vary depending on how close a business is to a residential area and its hours of operations. Construction in residential areas is also regulated by the ordinance, which states that construction cannot begin until 8 a.m. and must end by 8 p.m. on weekdays. Davis said violations to this regulation are among the most common, especially in the summer, when contractors start working in the early morning hours to avoid the mid-afternoon heat. This differs from Alameda County's noise regulation, which defines a noise infraction in a residential area as noise that is audible to a reasonably hearing person at 50 feet away from the source. The county also has different regulations regarding construction, allowing it to begin at 7 a.m. and ending at 7 p.m. on weekdays.

Different types of noise violations are handled by different city agencies, Davis said. The police handle any noise violations that fall under "disturbing the peace." These are violations that are of a "criminal nature," such as a loud party or people yelling in their homes. Code Enforcement addresses every day noises, such as the construction noise starting early or loud air conditioners. The main difference between these two instances is that "disturbing the peace" is a misdemeanor that can result in a $500 fine or jail time, whereas a municipal code violation starts at a $100 fine for the first offence. However, before fines and arrests occur, officers ask the offending party to turn down the noise and comply with the ordinance.

"We give them the chance to comply because correcting the problem is the goal," Davis said. -Rebecca Guyon
Where to call

If you believe a noise violation is occurring in your neighborhood, call the following agencies.

Code Enforcement - 931-5620

Pleasanton Police Department - 931-5100
Pleasanton's noise ordinance can be read in full on the city's web site at www.ci.pleasanton.ca.us. Click on the "What's New" link and look under Pleasanton's Municipal Code.

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