San Jose Municipal Code Part 1 Disturbing the Peace

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State Law reference— For statutory provisions on loud or unreasonable noises, see Penal Code § 415.

No person shall disturb the peace, quiet and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise.

(Prior code § 4231; Ord. 24198.)

A. It is the intent of this chapter to prohibit all noises which are disturbing or unreasonably loud. The types of noises set out in subsection B. shall not be deemed or construed as in any way exclusive, but merely illustrative.

B. The following types of noises are declared to be disturbing to the peace, quiet and comfort of the neighborhood in which they are heard, and persons creating such noises are in violation of Section 10.16.010:

1. The sounding of any horn, signal or noise device on any automobile, motorcycle, bus, truck or other vehicle, in any other manner or for any other purpose than allowed by the California Vehicle Code or other laws of the state;

2. The noise from an exhaust system of any vehicle which is not equipped or constructed so as to prevent any disturbing or unreasonably loud noise;

3. The revving of the engine of any motor vehicle while such vehicle is not in motion, except when done in the course of repairing, adjusting or testing it;

4. Disturbing or unreasonably loud shouting or crying of peddlers, hawkers, vendors or newspaper carriers;

5. The playing or operating of any radio, phonograph, orchestra or other musical device or instrument in a manner that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates; and

6. Disturbing or unreasonably loud shouting, screaming, wailing or other vocalization that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates.

(Prior code § 4232; Ord. 24198.)