Milpitas, CA Noise Ordinances: Quiet Hours (2026)

Chapter 213 layers a distance-based nighttime curfew on top of its numeric decibel caps. Section V-213-3(a) 3.03 applies "notwithstanding any other provision of this Chapter and in addition thereto," meaning it operates independently of the 65 dB/3 dB-over-ambient standard in 3.01 and 3.02: a noise complaint under 3.03 does not require any decibel measurement at all. Between 10:00 p.m. and 7:00 a.m., Disturbing Noise audible from 50 feet of the property line of a stationary source, or from 100 feet of any nonstationary source, such as a person or vehicle, is deemed a prima facie violation.

During daytime and evening hours, 7:01 a.m. to 9:59 p.m., the same prima facie rule applies at the wider 100-foot distance from either a stationary or nonstationary source. "Disturbing Noise" itself is defined broadly in § V-213-2 2.04 as sound that would disturb a reasonable person of normal sensitivity, illustrated by examples including loud stereos, revving engines, shouting, and running machinery or tools. The curfew rule binds both the person making the noise and any person who owns, possesses or controls the residential property where it originates.

"Prima facie violation" shifts the practical burden to the person cited: being audible at the specified distance during the specified hours is treated as proof of violation absent a defense. Chapter 213 declares any violation a public nuisance under § V-213-4 and makes it an infraction under § V-213-5, citable under the procedures in Title I, Chapter 20, Section 5, with escalation to a misdemeanor on a third conviction within twelve months per § V-210-13.11's cross-referenced multiple-offense rule.