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Milpitas, CA Noise from Specific Sources: Generator Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Residential noise limit
40 dBA at property line, any hour
Nonresidential daytime limit
50 dBA, 7 a.m.-10 p.m.
Nonresidential nighttime limit
40 dBA, 10 p.m.-7 a.m.
Testing hours
Weekdays 8 a.m. to 5 p.m. only
Governing chapter
C.10.240, Wireless Telecommunication Facilities

Summary

Milpitas caps backup generator noise from wireless telecommunication facilities at 40 decibels measured at an adjacent residential property line under Municipal Code Section XIII-C.10.240.F.7.c. Near nonresidential property the limit rises to 50 dBA from 7 a.m. to 10 p.m. and drops to 40 dBA overnight, and generators may run only during outages or scheduled weekday testing.

c.Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

Full Breakdown

Chapter C.10.240 governs wireless telecommunication facilities citywide, and Subsection F.7 sets radio frequency, interference, and noise standards for every carrier site. Paragraph c specifically addresses the backup generators and air conditioning units that keep a cell site running: continuous noise from that equipment cannot exceed 40 dBA measured at the property line of any adjacent residential parcel, at any hour. Where the closest affected property is nonresidential, Milpitas allows a higher daytime ceiling of 50 dBA between 7:00 a.m. and 10:00 p.m., but the limit still drops to 40 dBA overnight from 10:00 p.m. to 7:00 a.m.

The ordinance restricts when a generator can even run: backup generators are limited to actual power outages plus testing and maintenance, and that testing and maintenance is confined to weekdays between 8:00 a.m. and 5:00 p.m., so a carrier cannot exercise a generator on a Saturday morning or late at night. Failure to meet federal radio-frequency standards elsewhere in Subsection F.7.a can trigger termination or modification of the wireless facility permit, and the same permit-based enforcement applies to noise: Planning and Neighborhood Services can require abatement or condition the facility's operating permit on compliance.

Because the decibel limits are measured at the property line rather than at the equipment itself, a generator that is quiet at the pad but loud at a neighboring residential fence line is still out of compliance.

Violations & Fines

Exceeding 40 dBA at a residential property line, or running a backup generator outside a power outage or its Monday-through-Friday 8:00 a.m. to 5:00 p.m. testing window, violates Section XIII-C.10.240.F.7.c. The City can condition, modify, or terminate the telecommunication facility's permit for noncompliance with this or any other facility standard in Chapter C.10.240.

Frequently Asked Questions

How loud can a cell site's backup generator be in Milpitas?
No louder than 40 dBA measured at the property line of any adjacent residential property, under Municipal Code Section XIII-C.10.240.F.7.c. Near nonresidential property, the limit is 50 dBA from 7 a.m. to 10 p.m. and 40 dBA overnight.
When can a telecom company test its backup generator in Milpitas?
Only on weekdays between 8:00 a.m. and 5:00 p.m., per Section XIII-C.10.240.F.7.c. Outside of an actual power outage, that testing and maintenance window is the only time the generator may run.
What happens if a wireless facility's generator is too loud?
The noise standard is a condition of the facility's approval under Chapter C.10.240, so the City can require abatement or modify, condition, or terminate the telecommunication facility permit for exceeding the 40 dBA residential limit in Section XIII-C.10.240.F.7.c.

Sources & Official References

Other rules in Milpitas

All Milpitas rules

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