Proposed ordinance would put restrictions, time limits on
various noisemakers
Gilroy – Hobbyists clanging away late into the night, neighbors with unbearably loud air conditioners and any one else making noise in the wrong place, or at the wrong time, could face a citation and fine under a proposed ordinance.
If approved, the ordinance would only allow the use of power tools from 8am to 8pm and require loud pools or spas that are not enclosed to shut down by 9pm, among other things. Landscapers will only be able to use gas-powered leaf blowers between 8am and 5pm and not at all on Sundays. The city has allowed exceptions for emergency vehicles, garbage trucks and city or special events.
Jose Avila said the new ordinance would not disrupt his landscaping business.
“I use a gas powered hedge-trimmer, lawn mower – they all make noise,” said Avila, who tries to work mostly on weekdays. “If I’ve got something going on Sunday, I can do it Monday.”
While stressing that fines are an unlikely last resort, officials say the new ordinance would empower them to crack down on noise pollution by spelling out acceptable decibel levels.
For years, the city has taken a common-sense approach to noise complaints, often serving as mediator between residents and noisy businesses or neighbors.
A handful of complaints come into the city each year, typically in the spring time, according to City Planner Bill Faus.
“As soon as people open up those bedroom windows, we always, like clockwork, get complaints,” he said. “They start hearing lawn mowers, pool cleaners and pumps, air conditioners, chain saws.”
Areas where homes lie within earshot of industry also generate complaints, according to Faus, who pointed to Alexander Street as a main source of calls. A cardboard factory, car garages and other industrial users of loud equipment are the most frequent culprits along the road.
“Almost every time it’s a compressor motor that’s been placed outside,” Faus said. “The times that it’s not a compressor motor, it was a machine shop in the summer time and they were working late into the night.”
The city has crafted precise tables spelling out acceptable noise levels for day and night. The list varies by the type of property and the duration of the noise. The loudest sound a single family can make outside of its home during the day is 74 decibels – somewhere between the clamor of a loud restaurant and a hair dryer. That noise can only last one minute. For the greater portion of the night, the city caps noise coming from the same home at 50 decibels – the sound of light traffic from 100 feet away.
For industry, the night-time cap is 76 decibels – equivalent to the sound from loud singing.
The city plans to enforce the ordinance by using a sound meter to measure noise. In the past, officials relied on a more complex system based on the average noise level over 24 hours.
“It really was not something the city could enforce easily,” said Scott Barron, the city’s code enforcement officer. “It’s a little easier to measure over a shorter period of time.”
The new ordinance would empower the city to issue one-day fines or fines over multiple days until a problem is corrected, according to Barron, who stressed that the city does not look for “punitive” solutions. He said the violation or fine could range widely depending on the situation.
Noise complaints are not the only catalyst for the new ordinance, according to Community Development Director Wendie Rooney. Rather, she pointed to downtown redevelopment as a driving force.
“The reason we really want to get this done is because now that we have the downtown plan we’re going to be integrating commercial and residential,” she said. “A lot of people are expecting an urban environment, but you still want to try and ensure that your decibel levels are within acceptable standards. With a municipal code standard we’ll be able to enforce that and hopefully not give out citations. But if we have to, we will.”
