An Overview of California Noise Ordinances
California noise regulations are generally framed within the context of either criminal or administrative law. There are significant distinctions between the two. As a practical matter, the most common California noise regulations are set forth in municipal codes (i.e. city or county laws), making them primarily civil in nature. Governmental authority to regulate noise under local ordinances derives from state law. The enabling statute is found in California Government Code section 38771, which emphasizes a strong local interest in maintaining peace and safety, and provides that "the legislative body of each of the incorporated cities and towns of this State" may prevent any disturbance of the peace or public order by adopting municipal noise regulations.
Local governments frequently enact municipal ordinances that regulate noise. "During their implementation, the noise ordinances are best described as quasi-criminal statutes, as they empower local government officials to impose fines for violations." The legislatures may delegate police power regulating public peace and safety to local law enforcement agencies. Local codes typically contain prohibitions on excessive noise that intrudes into the private use and enjoyment of other persons. Unfortunately, these noise ordinances often lack critical factual standards necessary for implementation. To be enforceable, California noise regulations must have (1) adequate findings of the type of noises that will be regulated, (2) adequate findings regarding the volume above normal that will be regulated, (3) the time period to be regulated, and (4) the area to be regulated. With such minimum findings, the courts have stated there may be no arbitrary enforcement because it would not pass the constitution’s due-process test, i.e., the noise regulations would be unconstitutionally vague.
Local ordinances or codes that have vague provisions regarding excessive noise emissions amount to an unreasonable restriction on an individual’s real property due process rights because it does not inform people of the activities prohibited in their community. The courts have reasoned that "there is a fundamental issue of individual liberty involved here and no matter how well intentioned the imposition of such local ordinances might be , such limitations on the use of real property without an express definition or delineation of what is and what is not prohibited cannot be sustained and are unconstitutional."
California’s noise laws also include administrative remedies. Specifically, the California Government Code authorizes the California Attorney General’s Office to sue to abate any noise for which local jurisdictions have no adequate civil or criminal remedies, or where local government noise laws do not exist to address the problem. There are several nuisances that may not be subject to local regulation, such as the "operation of a school, hospital, church, theatre, or similar place, the operation of a professional office, or the occupation of any premises" only to the extent that there is no other adequate remedy available to abate the nuisance. Based on a determination that a more robust legislative scheme is needed to address the statewide nature and impact of freeway noise, the Legislature created the Freeway Noise Abatement Act (Government Code sections 27100 et seq.). The Act provides for the abatement of freeway noise based on a finding of significant adverse noise impacts. It sets forth a free-standing mechanism that empowers the California Department of Transportation ("Caltrans") to obtain its own independent injunctive relief to stop a condition causing a public nuisance. Caltrans may file suit anywhere the activity creating the noise is located. A California state court may enjoin any public or private entity or person from engaging in noisy acts, which have a significant adverse noise impact on the public, or from causing, maintaining, permitting, continuing, or otherwise contributing to any noise disturbance or unreasonable noise, in any manner allowed by law. In that event, noise violations may result in civil penalties. The California Attorney General shall prosecute actions pursuant to Government Code section 27100 if the state determines the investigation and prosecution is in the public interest, or the California Attorney General is requested by the California Department of Transportation to do so.
Noise Rules for Residential Areas
In California, there are restrictions on the amount of noise a person can make at home. These restrictions are designed to provide peace and quiet to surrounding neighbors. Remember that there is also the law of private nuisance, which allows an individual to sue a neighbor for interfering with their use and quiet enjoyment of the property, or causing emotional distress from a violation of a noise ordinance, etc. See above our previous posts on this.
California laws generally state the following :
"In determining whether the noise exceeds maximum permissible noise standards, the following shall be considered:
- (1) The proximity of the noise source to occupied properties.
- (2) Whether the source of the noise is intrusive or extraneous.
- (3) The time of day and day of week that the noise occurs.
- (4) The duration of the noise.
- (5) The frequency of occurrence of the noise.
- (6) The volume or loudness of the noise.
- (7) Whether the noise is a steady or transient one.
- (8) Whether the noise is stationary or moving.
- (9) Whether the noise is intermittent or continuous.
- (10) Whether the noise has a pure tonal component.
- (11) Whether the noise has a periodic or random component.
- (12) Whether the noise source is continuous or periodic."
However, these general state-wide standards are limited by local jurisdictions, which means that cities, towns and counties can actually create the limiting ordinance or regulation regarding acceptable noise levels, decibel levels, times during the day and/or week, etc. Remember, if the police are called for a noise disturbance, it may get cited as "loud music," or "party," instead of violating a particular code section. These violations are usually handled subjectively, by whether or not the police officer hears the noise.
Commercial Noise Limits
When it comes to business operations, commercial noise in California must meet certain state and local noise regulations. If disturbances from business operations, construction, or events are too loud, too long, or lack a permit, they may be considered a nuisance and subject to legal action.
Commercial Noise
When people think of commercial properties and noise, they likely envision frequent deliveries, large machinery, and other unpleasant sounds. A large coffee shop can be noisy if a crowd is gathering for a game while a small convenience store can create ruckus from a steady stream of customers. Noise restrictions vary by location, but California’s noise regulations state that all noise should not unreasonably intrude on other people, when it comes to excessive frequency or duration. Any noise that endangers health, is excessive at night, or in public spaces outside of laws is considered unreasonable or unlawful. Businesses can create noise that is loud or long enough to disrupt the quiet enjoyment of a place. Also, if a business is located near a residential area, they may not be able to generate noise at all while the neighbors are awake. So, even if a bar is going to have its doors open late into the night, they could be expecting a noise complaint if their customers are too loud. If no parameters are set, then it falls to the police to measure the sound and make a judgment call as to whether or not it’s disrupting peace or quiet. For a place like a bar, if a live music act is performing too loudly, the police may ask them to keep it down. Noise from a business can create a nuisance or disturbance that is damaging to nearby businesses or residents in the area. The police can intervene when noise violations have exceeded particular lengths (such as more than one hour), or cause noise such as shaking or rattling, or if noise disturbances occur outside of the business, such as on the sidewalk.
Building Noise
In California, noise from commercial properties must comply with municipal noise ordinances, and may not exceed noise limits set by the city. Excessive noise can be measured in a few ways, and used to identify if there is a violation or not. The way that building or construction noise is measured can vary from location to location. In Orange County, noise and vibration from large projects must meet certain levels. To measure vibration, the county uses VdB, which is 1 milli-inches per second or .75 inches per second at distances of 50 feet or more, which decreases based on the distance from the source of vibration. For structural vibration, the following limits apply: If project vibration levels are above these the project may be subject to fine, or required to stop. When it comes to building or development projects, construction noise can be measured in different ways, oftentimes using one of the following: If the extension is requested by the municipality, they will create a construction and demolition permit. This permit will include the hours that the noise needs to be held within. The permit may also include timeframes for weekdays and weekends; if the activity will continue for more than a week or month, there may be restrictions on how long the activity can occur.
Noise Restrictions for Construction Projects
While the City of Los Angeles offers a number of different noise restriction ordinances, which apply to different times of day based on the type of activity, the Federal Government also maintains guidelines for construction activities. Under 40 CFR Parts 1500-1508, which are referred to as the NEPA "noise standards," stated as follows:
- (1) Noise in many activities related to real property development is a major environmental issue. The coverage of the environmental impact statement (EIS) for those activities requires consideration of the noise impact subject to the limitations of the National Environmental Policy Act (NEPA). While some real property development will, when complete, contribute to significant noise levels in the surrounding community, this is not an acceptable basis for avoiding consideration of the noise impact of the construction activity during the period between outset of construction and completion of the development.
- (2) Noise related to real property development is capable of causing significant environmental impact by interfering with the use and appreciation of the environment by people, wildlife, and fish. Such noise can often be and commonly is avoided or minimized by advancing the starting date or altering the construction schedule, by making sure that no unnecessary noise is created, or by using equipment that operates with a lessening noise level.
- (3) The EIS must describe the anticipated noise impact and evaluate alternatives and their relative effect on costs and on environmental quality. The EIS should also describe mitigation measures that could include, where appropriate, noise barriers, vegetative barriers, shielding effects, and attenuation through proper orientation of the project. To the extent possible, the EIS should quantify the degree of mitigation achieved, for example in dB(A), and the degree of noise reduction possible.
- (4) Information on the noise impact required by these regulations need be considered only to the extent that the information is readily available and the cost of its acquisition is not out of proportion to the benefit of including it in the EIS. All EISs must include a description of what noise data are required, as the limitations indicated in this paragraph permit. In unusual cases where information and data on noise impact likely to be caused is not readily available or very costly and time-consuming to obtain, no discussion of noise need be included in the EIS, but there should be a description of the reason why such discussion has not been furnished.
- (5) Questions of significance of reflected noise and noise background are matters of opinion, and such opinions should be included in the affected communities. Opinions about some factors in noise impact may sometimes be obtained from the affected community by informal contacts. More formal contacts should include representatives of the responsible local agency, state agencies, and recognized environmental groups. Where such opinions indicate that the people of the affected community regard noise caused by real property development activities as a serious matter, further inquiry should be made. The local community should be encouraged to express its views during the scoping process. The statement should indicate that the involved community has been solicited for its comments about the nature and extent of the noise impact.
Noise Restrictions for Public Events and Gatherings
Noisy public festivals, breeding facilities, family gatherings, and other celebratory events are often the favorite targets of noise ordinances. Whether in residential or commercial zones, a number of local ordinances require those putting on events – large or small – to obtain a permit before proceeding with an event, often requiring an assessment as to how the planned event will impact the surrounding community. Most often, these ordinances mandate that if noise is going to be generated in excess of a certain number of decibels, the party seeking the permit must notify all surrounding affected parties. Oftentimes, even obtaining a permit is not a guarantee that other aspects of the ordinance will not be violated. For instance, ordinances might have strict time limitations on events .
In addition to the normal noise violations – above usual levels for the area – relevant to these types of events, enforcement personnel can also issue citations for failure to comply with permit or ordinance requirements even if a noise violation does not exist.
Notification, especially to residentially zoned property owners and tenants, in event of an incident, is another way in which ordinances can impact noise in the area. In the case of outdoor loudspeaker systems, ordinances might also require that signs be posted notifying the public that it is illegal to use such systems outside without a permit. Because noise ordinances can be complex and challenging to navigate, it is wise to consult a skilled attorney in advance to determine the potential risks and benefits of planned activities, before an event leads to problems.
Fines and Penalties for Noise Violations
Enforcement for noise violations in California is generally divided between private enforcement and municipal, or local, enforcement. Most often, encroachments on an individual’s right of quiet enjoyment give rise to private enforcement actions, following the general rubric of trespass, nuisance and breach of contract. But in addition to violations of these causes of action, California civil code sections 3480 and 3481 provide a more specific basis for private claims.
Any person who has been injured by another’s violation of a statute such as the California Noise Control Act is entitled to maintain an action for the damages sustained against the wrongdoer. Civil Code section 3481 entitles a party who suffers from the use of offensive words, conversation, gesture or other conduct to maintain a private action. Thus, a plaintiff who suffers injury by being blasted with loud music that suddenly emanates from a car stopped next to him, is entitled to sue for offensive words and conduct.
Also available as a remedy for nuisance, offensives words, trespass and other actions, are recovery of actual damages and loss of income. For example, a property owner has a cause of action for nuisance where surrounding development or construction causes his property to depreciate in value due to offensive smells, fumes or vapors.
Municipalities also impose penalties for noise ordinance violations. Generally, fines range in the hundreds of dollars, but can exceed thousands of those.
How to Manage Noise Complaints
The first step in knowing how to address a noise problem in California is to determine whether it is a violation of the law. Not every noise problem is illegal; nuisance law requires a plaintiff to prove that an alleged nuisance is unreasonable — not just any merely annoying or irritating noise is objectively unreasonable.
Many ordinances allow significant variances or exceptions for atypical situations. For example, most general noise ordinances prohibit "unreasonably loud" noises. Absent extraordinary circumstances, however, no one is going to be successfully sued over a one-time celebration; birthday parties, New Year’s Eve fireworks, etc., are not nuisance, absent extraordinary circumstances. Thus, just because your neighbor hosted a wedding reception with loud music does not mean that they are violating the law or even you may have a legally valid complaint (although, they may be violating a noise ordinance).
In California, a "noise disturbance" is defined as "any sound which causes or tends to cause an adverse effect on human health or safety." (Cal. Health & Saf. Code § 46020.) A person who violates a noise disturbance is subject to civil (not misdemeanor) penalties of injunctive relief (a restraining order) unless they actually knew or should have known their conduct was prohibited. (Cal. Gov. Code § 38773.5; Cal. Health & Saf. Code § 46027.) An "adverse effect on human health or safety" can be determined by whether the noise exceeds permissible levels.
A valid noise complaint begins with determining the impact of the sound. This requires you to define the noise: what is it and why is it a problem. You need to first determine whether the sound occurs frequently or just occasionally. Then, you need to determine whether the sound has a negative physical (hearing loss, physical pain, etc.), emotional (anxiety, stress-related dysfunction, etc.), psychological, or social (disruption in family life, etc.) impact. Noise can even impact the sale and resale of real property.
Once you have determined that your neighbor is making "unreasonably loud" noise, the easiest resolution is to simply talk to your neighbors and see if they are willing to agree to keep the noise down or again give you proper notice that it is going to happen. You might be surprised; some people do not even realize the impact they have on others.
If talking does not work, you may want to investigate other options under the local code enforcement system. For example, Los Angeles City Municipal Code Section 46.05 allows private citizens to report noise violations to the Bureau of Street Lighting Division of Noise Control. The complaining citizen must establish the following:
This code section gives the Bureau of Street Lighting broad, but not unlimited, enforcement powers. The Bureau has the right to come on the property and inspect; if the noise level is over the decibel limit, they can issue a citation. If there is no violation, however, the Bureau does not have the right to conduct search and seizure.
The most efficient way to deal with a noise problem is to avoid having to file a lawsuit in the first place. If talking to your neighbor does not work, however, and you feel you have no choice but to file a lawsuit to establish a legal boundary to prevent future same of similar tortious activity, you should consult with an attorney. This will require you to go to court; which can be time consuming and expensive.
Tips for Compliance with Noise Restrictions
Staying on the right side of the law when it comes to California’s noise regulations involves taking proactive steps to address potential noise pollution issues. While you can always work around noise problems by seeking a noise variance or suing a "nuisance," the best way to deal with noise is to avoid it. Here are some tips for keeping your environmental noise levels where they should be.
Talk to your neighbors
If you are moving into a new area, familiarize yourself with the noise situation in advance. Ask your neighbors what times are the most disruptive for them and do your best to schedule heavy work accordingly. Also, make it a point to let your neighbors know when you will be holding a special event that could potentially be loud (such as a wedding, graduation party or holiday gathering).
Make amends with your neighbors
If you live near an area that is subject to excessive noise, it is probably because someone else is making it . Try to talk to your neighbors who make excessive noise and ask them to be more considerate. If that doesn’t work, bring the issue up with your landlord or the homeowners’ association (if there is one). The presence of children or pets may also be generating excessive noise—a situation that is difficult to remedy but necessary to confront.
Set reasonable hours
Be careful not to break the rules inadvertently by holding an all-night party or working late into the night. Make sure your boiler, vent fan, furnace or other appliance cools down in time to avoid excess noise.
Install outside soundproofing
Depending on the offending noise, some facilities might be able to use outside soundproofing (such as a wall, concrete block system or earthen berm) to prevent excessive noise from emanating from their property.