Milpitas, CA Noise Ordinances: Construction Hours (2026)

Chapter 213's Site Construction Regulations set a single citywide window for construction noise, replacing any distinction between weekday and weekend hours: § V-213-3(c) 3.07 bars building, road, walkway, pool or landscape construction, and related delivery of construction materials, supplies or improvements, outside 7:00 a.m. to 7:00 p.m., seven days a week. No construction work of any kind may occur on the holidays listed in § V-213-2 2.07, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, regardless of the time of day.

Section V-213-3(c) 3.08 carves out six exemptions from these hours: emergency construction or repair necessary to protect life or property; operations preempted from local regulation by state law, such as public school construction; utility service construction and maintenance; work on an existing single-family or duplex dwelling performed by the property owner personally; work within the public right-of-way that the Public Works Director deems necessary; and any other circumstance the City Manager determines warrants an exemption. Construction noise that falls outside these exemptions and outside the 7 a.m.-7 p.m. window is treated as Disturbing Noise under Chapter 213 regardless of decibel level, since the hours restriction is a standalone time-based rule rather than a numeric cap.

A violation is an infraction under § V-213-5, escalating to a misdemeanor on a third conviction within twelve months per the multiple-offense rule cross-referenced from § V-210-13.11, and the chapter declares any violation a public nuisance abatable by the City Attorney under § V-213-6.