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Oakland noise ordinance: quiet hours and who to call
When are quiet hours in Oakland?
- Quiet hours
- Oakland's Planning Code sets lower limits for homes from 10 p.m. to 7 a.m. (45 dBA for 20 minutes in an hour) than from 7 a.m. to 10 p.m. (60 dBA). Power tools and loading: not from 9 p.m. to 6 a.m. if they disturb people across a property line.
- Right now
Checking the clock for Oakland.
- Who to call
- Oakland Police non-emergency: (510) 777-3333, 24 hours a day. Noise Violation Complaint Line for construction noise: (510) 238-3381. Emergencies: 911.
- When you can call
- The police non-emergency line (510) 777-3333 is open 24 hours a day. The page does not state hours for the construction complaint line.
- The law
- Oakland Municipal Code Chapter 8.18 (§§ 8.18.010 and 8.18.020) and Oakland Planning Code § 17.120.050. Read the code
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Oakland splits its noise rules between two codes. Chapter 8.18 of the Oakland Municipal Code covers neighbor noise like music, dogs and power tools. Section 17.120.050 of the Planning Code sets the decibel limits and the rules for construction.
What is too loud in Oakland?
It is unlawful to create or allow "excessive or annoying noise" (§ 8.18.010(A)). The code defines these terms:
- "Excessive noise" is any unnecessary noise that goes on for 10 minutes or more. An officer doesn't need to hear it if people in two or more separate homes or businesses certify that they heard it and describe the source.
- "Annoying noise" is noise with a repeating pattern, shrill sounds or static-like sounds. The code names loud music, leaf blowers, alarms, engines and barking dogs as examples.
Section 8.18.020 adds a nighttime rule. Persistent noise from 9 p.m. to 7 a.m. that is raucous or nerve-racking and disturbs anyone's peace or comfort is a nuisance.
The Planning Code sets decibel limits for sound that reaches homes (§ 17.120.050(A)):
- 7 a.m. to 10 p.m.: 60 dBA for more than 20 minutes in an hour, and never over 80 dBA
- 10 p.m. to 7 a.m.: 45 dBA for more than 20 minutes in an hour, and never over 65 dBA
These limits drop by 5 dBA for music, speech, a steady whine or hum, or repeated banging (§ 17.120.050(E)).
Barking dogs
It is unlawful to keep an animal or bird that "howls, barks, meows, squawks, or makes other annoying noises continuously and/or incessantly for an unreasonable period of time" so it disturbs people across a property line (§ 8.18.010(C)(4)). Barking is not a violation if someone is trespassing or threatening to trespass.
Construction and yard work
Saws, sanders, drills, grinders and lawn or garden tools can't be used from 9 p.m. to 6 a.m. if they disturb people across a property line (§ 8.18.010(C)(9)). Loading and unloading has the same 9 p.m. to 6 a.m. limit (§ 8.18.010(C)(8)).
Construction and demolition noise is governed by the Planning Code (§ 8.18.010(C)(11)). For jobs under 10 days, construction noise reaching a home can't go over 80 dBA on weekdays from 7 a.m. to 7 p.m., or 65 dBA on weekends from 9 a.m. to 8 p.m. Jobs of 10 days or more have lower limits of 65 dBA on weekdays and 55 dBA on weekends. Outside those hours, construction must meet the nighttime limits (§ 17.120.050(G)). Pile drivers and jackhammers are banned on Sundays and holidays except in emergencies or with advance approval from the Building Official (§ 8.18.020(E)).
How do I report noise in Oakland?
The City of Oakland lists the Oakland Police non-emergency line as (510) 777-3333, open 24 hours a day. For construction noise, the City's Code Enforcement page lists a Noise Violation Complaint Line at (510) 238-3381. For an emergency, call 911.
Under the code, the person causing the noise first gets a written or spoken warning. It becomes a violation if the noise goes on for more than 15 minutes after the warning or comes back within a week (§ 8.18.010(D)).
Fines and penalties
A noise violation under Chapter 8.18 is an infraction (§ 8.18.010(A)). Infraction fines are up to $100 for a first conviction, up to $200 for a second within a year, and up to $500 for a third within a year. A violation after the third conviction within a year may be charged as a misdemeanor (§ 1.28.020). A misdemeanor carries up to six months in jail, a fine of up to $1,000, or both (§ 1.28.010). Each day is a separate offense (§ 8.18.010(F)).
Keeping a noise log
Oakland's 10-minute rule and its two-household option make a written log useful, especially if a neighbor in another unit hears the same noise. The Noisy Neighbor iPhone app logs each incident with the date, time, length and an estimated decibel level. It exports a PDF report. Phone readings are estimates.
Oakland noise FAQ
What are the quiet hours in Oakland?
Oakland's Planning Code sets lower limits for homes from 10 p.m. to 7 a.m. (45 dBA for 20 minutes in an hour) than from 7 a.m. to 10 p.m. (60 dBA). Power tools and loading: not from 9 p.m. to 6 a.m. if they disturb people across a property line.
Who do I call about a noisy neighbor in Oakland?
Oakland Police non-emergency: (510) 777-3333, 24 hours a day. Noise Violation Complaint Line for construction noise: (510) 238-3381. Emergencies: 911.
Where are Oakland's noise rules?
Oakland Municipal Code Chapter 8.18 (§§ 8.18.010 and 8.18.020) and Oakland Planning Code § 17.120.050. There is a link to the official code at the top and bottom of this page.
What is the fine for a noise violation in Oakland?
A Chapter 8.18 noise violation is an infraction. The fine is up to $100 for a first conviction, up to $200 for a second within a year, and up to $500 for a third within a year. After that it may be charged as a misdemeanor.
Sources
- Oakland Municipal Code § 8.18.010, Excessive and annoying noises prohibited (Municode)
- Oakland Municipal Code § 8.18.020, Persistent noises a nuisance
- Oakland Planning Code § 17.120.050, Noise
- Oakland Municipal Code § 1.28.020, Violations as infraction
- City of Oakland: Report a Crime in Person or by Phone
- City of Oakland: Construction Noise Ordinance Violations
Last checked . Laws change, so check the official code before you act. This is not legal advice.