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Milpitas, CA Noise Ordinances: Amplified Music & Outdoor Sound (2026)

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

Amplified music rules in Milpitas, CA, also called sound permit, PA system, or live music ordinances, set decibel limits, time-of-day restrictions, and when permits are required.

Key Facts

Base decibel cap
70-90 dB from the property line
Near-residential cap
65 dB within 100 ft of R1/R2 zone
Permitted zones
C1, C2, TC, MXD, MXD3, accessory to restaurant/bar
Permitted hours
9:00 a.m. to 11:00 p.m.
MXD/MXD3 residents
Exempt from § V-213-3(a) noise limits

Summary

Outdoor amplified music at a Milpitas restaurant or bar may not exceed 70 to 90 dB measured from the property line, dropping to 65 dB when the parcel sits within 100 feet of an R1 or R2 residential district, under Municipal Code § V-213-3(b) 3.06.

Except as provided below in Subsection V-213-3(b) 3.06(1), noise levels for outdoor music as an accessory use shall not exceed 70-90 dB measured from the property line of the parcel on which the outdoor music occurs. ... (1)For any parcel in a C1, C2, TC, MXD, or MXD3 zoning district that is located within 100 feet of a parcel in a R1 or R2 zoning district, noise levels for outdoor music as an accessory use shall not exceed 65 dB measured from the property line of the parcel on which the outdoor music occurs.

Full Breakdown

Chapter 213's Outdoor Music Regulations set the operative decibel ceiling for amplified sound tied to a restaurant or bar in Milpitas's commercial and mixed-use zones. Section V-213-3(b) 3.06 caps outdoor music, as an accessory use, at 70 to 90 dB measured from the property line of the parcel where it occurs, but that range tightens to a flat 65 dB whenever the music parcel is located within 100 feet of a parcel zoned R1 or R2, protecting adjacent single-family and duplex neighborhoods from the higher commercial-zone allowance.

The rule cross-references two use-regulation tables in the Zoning Ordinance, Table B.6.020-A for commercial zones and Table B.8.020-A for mixed-use zones, for the underlying accessory-use approval. Outdoor music is only permitted at all where it is accessory to a restaurant or bar in the C1, C2, TC, MXD or MXD3 districts, and only between 9:00 a.m. and 11:00 p.m. under the companion § V-213-3(b) 3.05. Music that meets these decibel and hour limits is expressly exempt from being treated as Disturbing Noise under § V-213-2 2.04(1).

Residential uses located inside the MXD and MXD3 zones themselves get no protection from the accessory-use noise, since § V-213-3(b) 3.06(2) recognizes ambient outdoor-music noise as a normal condition of mixed-use urban living and exempts those in-zone residential uses from the § V-213-3(a) 3.01/3.02 limits. Violations are infractions enforceable under § V-213-5, and Chapter 213 declares any breach a public nuisance abatable by the City Attorney under § V-213-6.

Violations & Fines

Outdoor amplified music exceeding 70-90 dB, or 65 dB within 100 feet of an R1/R2 parcel, measured from the source parcel's property line, is an infraction under Chapter 213 and a declared public nuisance subject to abatement action by the City Attorney.

Frequently Asked Questions

What is the decibel limit for outdoor music at a Milpitas restaurant or bar?
Section V-213-3(b) 3.06 caps outdoor music as an accessory use at 70 to 90 dB measured from the property line of the parcel where it plays. That maximum drops to a flat 65 dB if the parcel is within 100 feet of an R1 or R2 residential zoning district.
What hours can a bar play outdoor amplified music in Milpitas?
Section V-213-3(b) 3.05 permits outdoor music between 9:00 a.m. and 11:00 p.m., and only as an accessory use to a restaurant or bar operating in the C1, C2, TC, MXD or MXD3 zoning districts under Title XIII of the Municipal Code.
Do MXD residents get protection from bar music noise in Milpitas?
No. Section V-213-3(b) 3.06(2) treats ambient outdoor-music noise as a normal condition of mixed-use living and exempts residential uses inside the MXD and MXD3 zones from the residential noise limits in § V-213-3(a) 3.01 and 3.02 for that accessory use.

Sources & Official References

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