GILROY
– Residents might sleep better – literally – knowing that the
Gilroy City Council unanimously passed a new ordinance regulating
noise from construction.
A large volume of resident complaints regarding noise from local
construction sites has prompted city officials to work more closely
with Gilroy police to more strictly enforce construction noise
regulations.
GILROY – Residents might sleep better – literally – knowing that the Gilroy City Council unanimously passed a new ordinance regulating noise from construction.

A large volume of resident complaints regarding noise from local construction sites has prompted city officials to work more closely with Gilroy police to more strictly enforce construction noise regulations.

Beginning Sept. 1, the police can issue citations to contractors who violate permitted hours of construction noise, 7 a.m. to 7 p.m. weekdays and 9 a.m. to 7 p.m. Saturdays. Noise will be prohibited Sundays and all City-observed holidays.

Previously, police could only enforce excessively disturbing noise between 10 p.m. and 7 a.m. any day of the week. Building inspectors had the option of issuing stop-work orders during times that noise from construction might be especially disruptive, but the orders often were difficult to enforce and not always appropriately heeded.

The majority of resident noise complaints were directed to the Community Development Department, which only receives calls during normal working hours. But because most noise complaints were placed at night and on weekends, responses were delayed and difficult to ensure follow up.

City Administrator Jay Baksa advocated the ordinance at Monday night’s council meeting, saying it will lead to a more cohesive relationship among Gilroy’s planning commission, police department and residents.

Gilroy Police Sgt. Kurt Svardal said aligning City and police policies is extremely valuable to the police department, as police officers now can better accommodate residents’ requests for quiet. Noise disturbance, however, is largely a subjective perception, which is why citations will be issued based on a schedule of set hours rather than a specified decibel level.

“It’s more an issue of peace disturbance in general than what a complaining party considers loud and unreasonable,” Svardal said. “There are so many variables and circumstantial things to consider.”

Establishing stricter hours of permitted construction noise is not intended as a harsh punishment for contractors. Rather, Svardal said, it’s intended as a measure to achieve harmony between resident quality of life and city development.

“The contractors are trying to get their jobs done, so they might try to get an early start in the morning, and that’s understandable, too,” he said.

Certain conditions may be considered exempt from regulatory hours, Svardal said, such as a major road that requires construction but can’t be closed during the day due to traffic.

Educating residents and contractors about the hours of permitted noise is another step toward achieving tighter enforcement, Svardal said. Out-of-town sub-contractors might not be aware of Gilroy’s regulations, for example, or residents might complain about construction noise that’s actually taking place within permitted hours.

Svardal noted that for the most part, construction work on any given site usually is completed within a reasonable amount of time. Once the construction is finished, the noise is no longer a problem.

But try telling that to someone who was rudely awakened at 5 in the morning by the shrill sounds of drilling.

“We have to try to accommodate everyone as best we can,” Svardal said. “Someone who works the midnight shift is going to want the construction to go on during other hours of the day, so there has to be some degree of flexibility on everyone’s part.”

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