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Milpitas, CA Noise Ordinances: Decibel Limits (2026)

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

Key Facts

Decibel cap
65 dB from the source property line
Alternative cap
+3 dB over local ambient level
Rule
Whichever cap is more restrictive applies
Applies to
Any residentially zoned district under Title XIII
Collection exemption
Authorized waste/recycling pickup from 6 a.m.

Summary

In Milpitas residential zones, disturbing noise may not exceed 65 dB or three decibels over the local ambient level, whichever is stricter, measured from the property line of the noise source, under Municipal Code § V-213-3(a) 3.01 and 3.02.

Except as permitted in Section V-213-3(b), it shall be unlawful for any person in any district zoned for residential use (under the provisions of Title XIII of the Milpitas Municipal Code) to make, continue, maintain, permit or cause to be made, continued, maintained, or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.

Full Breakdown

Chapter 213 sets a numeric ceiling on noise in every district zoned for residential use under Title XIII of the Municipal Code. Section V-213-3(a) 3.01 makes it unlawful for any person in a residential zone to make or permit Disturbing Noise that raises the noise exposure level by three decibels over the local ambient noise level, or exceeds 65 dB, both measured from the property line of the noise source, applying whichever cap is more restrictive in the circumstance. Section 3.02 imposes the identical numeric standard on property owners, possessors and controllers, so a landlord or homeowner who permits a tenant's or guest's excessive noise faces the same 65 dB/3 dB-over-ambient standard as the person making the noise.

"Ambient Noise Level" is defined in § V-213-2 2.01 as the continuous equivalent-energy level (Leq) measured for at least three minutes, or until the reading stays within a one-decibel spread, with the noise source silenced; "Decibel" is defined in § V-213-2 2.03 using the standard 20-micro-pascal reference pressure formula. These numeric limits sit alongside, and are independent of, the time-of-day prima facie rule in § V-213-3(a) 3.03, which separately makes noise audible at night from 50 to 100 feet a violation regardless of decibel reading.

An exemption in § V-213-3(a) 3.04 removes authorized solid waste, recycling and yard-trimmings collection starting at 6:00 a.m. from the residential noise prohibition entirely. Violations are infractions under § V-213-5 and constitute a declared public nuisance under § V-213-4, abatable by the City Attorney under § V-213-6.

Violations & Fines

Exceeding 65 dB, or three decibels over ambient, measured from the source's property line in any residentially zoned district is an infraction under § V-213-5 and a declared public nuisance under § V-213-4, applying equally to the person making the noise and the property owner who permits it.

Frequently Asked Questions

What is the maximum noise level allowed in a Milpitas residential zone?
Section V-213-3(a) 3.01 caps Disturbing Noise at 65 dB measured from the property line of the source, or three decibels over the local ambient noise level, whichever limit is more restrictive in a given case. The same standard binds property owners under 3.02.
How is ambient noise measured under Milpitas's noise law?
Section V-213-2 2.01 defines "Ambient Noise Level" as the continuous equivalent-energy level, Leq, measured for a minimum of three minutes or until the reading holds within a one-decibel spread, taken with the noise source itself silent.
Is trash collection exempt from Milpitas's residential noise limit?
Yes. Section V-213-3(a) 3.04 exempts authorized collection of solid waste, recyclables and yard trimmings beginning at 6:00 a.m. from the residential-zone noise prohibition, so early collection trucks are not a violation of the decibel cap.

Sources & Official References

Other rules in Milpitas

All Milpitas rules

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