You Ask: Does the City Have a Noise Ordinance?

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Noise: It’s everywhere we turn in Albany – from cars and trucks zooming up and down Interstate 80 to the BART trains running through the city, to busy streets such as Solano, Marin and San Pablo, to local construction sites and leaf blowers clearing debris. The issue isn’t so much about preventing noise—but the level of loudness and when it occurs.

One reader recently asked whether the city has a noise ordinance, because the reader heard gardeners begin before 8 a.m. and said "it's not uncommon" to hear them past 5 p.m. The reader also asked, in addition to what the rules are, how a person goes about reporting a violation.

The city of Albany does indeed have a noise ordinance in its Municipal Code and the subject is addressed in Section 8-1.4 Exterior Noise Standards, 8-1.5 Interior Noise Limits and 8-1.7 Special Provisions (Exceptions), according to , the city’s Community Development director.  The entire Section 8-1 deals with the issue of noise.

"The quieter times of the day are between 10 p.m. and 8 a.m.," Chaney said. "I will say that, even in construction projects, we make sure that in any building permit that is issued, they know they are not to work until 8 a.m. They can assemble and prepare but they cannot start construction until 8 a.m. If they do so, we can go out and remind them they are in violation. We have the power to slow down the project."

Chaney pointed out that there are exterior and interior noise standards that list the acceptable levels of decibels during the daytime, defined as between 8 a.m. and 10 p.m., and nighttime, defined as between 10 p.m. and 8 a.m., as well as the cumulative number of minutes in any one hour in which the noise occurs.

For example, in all residential and public facilities, 55 dba (the level of conversation) is permitted during the day for 30 minutes of one hour.  The sound of a car traveling 50 mph at 50 feet–65 dba–is accepted for five minutes during the day and one minute at night.  A motorcycle’s sound–70 dba–is allowed for up to a minute during the day.

In commercial and light industrial zones, the standards allowed are higher. During the day, 70 dba–the level of a motorcycle–is permitted for a 15-minute period. 

Section 8-1.7 lists exceptions, including emergency work as mandated by Public Works or the City Council; warning devices, such as sirens; and public health, welfare and safety activities, including street sweeping, removing debris and limbs, restoring electrical service and repairing traffic signals.

Construction and demolition are prohibited between 6 p.m. and 8 a.m. on weekdays and Saturdays, and until 10 a.m. on Sundays and holidays. All construction equipment in the city must have with sound-muffling equipment.

There is a process for residents to file noise complaints with the Police Department. People who think that the noise exceeds the standards in sections 8-1.4 and 8-1.5 must state the location, nature and extent of the noise. Violators face a fine of up to $500 and six months in jail.

Chaney said noise complaints are usually about construction projects.

"We’re very consistent is making our construction projects begin at 8 a.m.," she said. "A lot of neighboring cities (allow construction to) begin at 7 a.m. Even BART wanted to do a seismic project to retrofit the tracks and wanted to expand their hours, but the (City) Council said, 'No.'"

What do you think about the city's noise ordinance? Tell us in the comments below.

If excessive noise occurs on the weekend or evening, and the situation calls for prompt attention, the complainant should call the police at 510-525-7300. Otherwise, calls can be directed to Community Development at 510-528-5760.

Everybody makes mistakes ... ! If there's something in this article you think should be corrected, or if something else is amiss, give editor Emilie Raguso a call at 510-459-8325 or shoot her an e-mail at emilier@patch.com.