Businesses and homeowners who annoy neighbors with noise will
face citations and fines under a law passed by city council.
Gilroy – Businesses and homeowners who annoy neighbors with noise will face citations and fines under a law passed by city council.
The regulation lays out two similar sets of standards for noise generated by residences and businesses. Most significantly, it makes it far easier for the city’s code enforcement officers and police to crack down on noise pollution. Violators face a range of enforcement action, from a basic letter of warning to fines of $100 per day or more in the most persistent cases of noise pollution.
“We’re not trying to regulate people,” said City Planning Manager Bill Faus. “What we’re trying to do is bring some harmony to the conflicts that have occurred within the city, in terms of concerns people have from both sides of the fence. I’m talking about those individuals that have installed (air conditioning) units and pool units and spa equipment, while also respecting the privacy of individuals who would like a quiet environment and would like to enjoy their environment on the other side of the fence.”
The final draft of the regulation, approved May 21 by city council in a 6-1 vote, bans the use of yard equipment, power tools and other “non-fixed” sources of noise pollution from businesses and homes between 10pm and 7am. “Fixed” sources of noise pollution such as air conditioners and pool pumps would be capped at 70 decibels between 7am and 10pm.
For purposes of enforcement, the 70 decibel limit – a noise level equivalent to the din of a loud restaurant – will be measured from the property line of a disgruntled homeowner. The ordinance allows the city to more easily issue citations and fines by capping the allowable duration of such noises at an average of 10 minutes in a given hour. Current regulations were unworkable, city staff members said, because enforcement required a 24-hour average.
The regulations only apply to newly installed equipment, not to existing air conditioning units, pool pumps, and other fixed source of noise pollution. The city has spent more than a year crafting the regulation.
“We’ve kicked it around for so long. Time will tell if it’s a good ordinance or not,” said Councilman Dion Bracco, who voted in favor of it. “Right now (the city) can’t do much about barking dogs or anything. This is going to give them something to start with. And we can revisit it later if it needs to be adjusted. You’re still going to have neighbor problems, and this isn’t going to fix that obviously, but this gives authority to the police to do something about it, instead of just going out to the house over and over again.”
Craig Gartman, the only city councilmen to vote against the ordinance, said he liked the regulations proposed for businesses, but was uncomfortable with the type of restrictions on homes.
“I think what we need to do,” he said, “is try to get away from legislating social conduct.”
