Fremont, CA Noise Ordinance

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City of Fremont Noise Ordinance

On April 6, 2021, the Fremont City Council adopted a new Noise Ordinance in response to an increase in calls for service regarding excessive noise. Prior to the adoption of the new ordinance, the City did not have a municipal noise ordinance protecting the peace, health, safety, and general welfare of its’ citizens from excessive, unnecessary, and unreasonable noise.

Hours

The new noise ordinance prohibits all disturbing, excessive, and offensive noises between the hours of 10 PM – 7 AM.

Overview

It is unlawful for any person to willfully make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

The sound level of the objectionable noise
The sound level of the ambient noise
The proximity of the noise to residential sleeping facilities
The nature and zoning of the area within which the noise emanates
The density of the inhabitation of the area within which the noise emanates
The time of day or night the noise occurs
The duration of the noise and its tonal informational or musical content
Whether the noise is continuous, recurrent or intermittent
Whether the noise is produced by a commercial or noncommercial activity

The following acts, which are not in any way exclusive, are declared to be disturbing, excessive and offensive noises in violation of the City of Fremont’s Noise Ordinance:

(a) Noises by animals

The permitting, by any person having charge, care, custody, or control of any animal, of such animal to emit any noise which is disturbing, excessive or offensive. For the purposes of this subsection, the animal noise shall not be deemed a disturbance if the animal is emitting the noise in response to a person trespassing or threatening to trespass upon private property in or upon which the animal is situated or if the noise is for any other legitimate cause, such as someone teasing or provoking the animal.

(b) Construction-related noise near residential uses

Construction work or related activity is limited to those times and circumstances set for the in Section 18.160.10. As used in this chapter, “construction work” or “construction activity” shall mean any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or on any private property, public or private right-of-way, streets, structures, utilities, facilities, or other similar property. Construction activities carried on in violation of this chapter may be enforced and may also be enforced by issuance of a stop work order and/or revocation of any or all permits issued for such construction activity.

Subject to the restrictions on constructions contained in subdivision (b), the sustained operation or use between the hours of 10 p.m. and 7 a.m. of any electric or gasoline powered motor or engine or the repair, modification, reconstruction, or operation of any automobile, motorcycle, sweeper, vacuum, public address system, whistle muffler, motorized scooter, machine or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, sweeper, vacuum, public address system, whistle muffler, motorized scooter, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible from any residential property line.

(d) Loud music or other noise by people

The use of electronic equipment (including but not limited to amplifiers, radio loudspeakers, phonographs, tape amplifiers), electronically operated or acoustic musical instruments, other device of like design used for producing sound, or singing, chanting, or yelling in or upon any public street, park or grounds, or any other open area to which the public has access, whether publicly or privately owned, between the hours of 10 p.m. and 7 a.m. is unlawful. At any other time of day, such equipment or noise production may not be used in a manner which disturbs the peace, quiet and comfort of neighboring residents or persons of normal sensitivity who are using such areas.

(e) Music, Stereos and Electronics

Operating, playing or permitting the operation or playing of any radio, television set, audio equipment, drum, musical instrument, or similar device which produces or reproduces sound at any time of day in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity. The operation of any such instrument, audio equipment, television set, machine or similar device between the hours of 10 p.m. and 7 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located, shall be prima facie evidence of a violation of this subsection.
The conducting of or carrying on of band or orchestral concerts, rehearsals or practice between the hours of 10 p.m. and 7 a.m. sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitivity who reside in the immediate vicinity of such band or orchestral concerts or rehearsals or practice.
Using, or operating, or permitting to be used or operated, for any purpose, any loud speaker, loudspeaker system, public address or similar device between the hours of 10 p.m. and 7 a.m. in such a manner as to disturb the peace, quiet and comfort of neighboring residents or persons of normal sensitivity, except for any noncommercial public speaking, public assembly or other activity for which a permit has been issued.

Exempt Activities:

Emergency work
Entertainment events and operations between the hours of 7 AM – 10 PM
Permitted special events
Maintenance of residential property between 7 AM- 10 PM
Garbage removal
Industrial districts
Public health, welfare and safety activities

Violation

The municipal noise ordinance allows for police to mitigate excessive and unnecessary noise via a low-level enforcement tool (i.e. citation). Several noise ordinances from various California Bay Area cities were referenced and examined, including San Jose, Oakland, San Leandro, Newark, Livermore, Mountain View and Walnut Creek. Please refer to the City of Fremont's Civil Penal Schedule for information on fines.

View City of Fremont Noise Ordinance