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San Jose noise ordinance: rules and who to call

San Jose handles neighbor noise as a peace-and-quiet offense. Chapter 10.16 of the Municipal Code is called "Offenses Against Public Peace." It bans disturbing or unreasonably loud noise and lists examples. It also controls outdoor loudspeakers and lets the police bill people for repeat party calls. It does not set decibel limits or clock-based quiet hours.

The basic rule

Section 10.16.010 says: "No person shall disturb the peace, quiet and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise."

Section 10.16.020 then lists noises that count. The list is "merely illustrative," so other kinds of noise can still break the rule. The examples are:

• Horns or other vehicle signals used in ways the California Vehicle Code does not allow
• Vehicle exhaust that is not built to prevent disturbing or unreasonably loud noise
• Revving an engine while the vehicle is parked, except during repair or testing
• Loud shouting by peddlers, vendors or newspaper carriers
• Playing a radio, instrument or other musical device "in a manner that is disturbing or unreasonably loud to a reasonable person outside the facility or unit from which the noise emanates"
• Shouting, screaming, wailing or other vocalization that is disturbing or unreasonably loud to a reasonable person outside the unit it comes from

The last two are the ones most neighbors deal with. The test is a reasonable person outside the unit, so an apartment neighbor's music can qualify even if it never leaves the building.

Quiet hours and decibel limits

Chapter 10.16 has neither. Time of day is not mentioned in §§ 10.16.010 or 10.16.020. A 2 p.m. noise and a 2 a.m. noise are judged by the same words, though in practice an officer may weigh them differently.

Outdoor loudspeakers

You need a permit from the chief of police to run a loudspeaker or amplifier that sends sound outdoors (§ 10.16.030). The chief can limit the time, place, volume and length on the permit (§ 10.16.040(D)). The chief can also suspend it on the spot if it causes a disturbance (§ 10.16.050).

Repeat party calls

Part 3 of the chapter lets the police charge for return visits. When an officer responds to a disturbance, the officer warns a responsible party to stop. Police may have to come back to the same disturbance within 12 hours of that first visit. If so, the responsible parties owe the actual cost of each later visit (§ 10.16.110). A "responsible party" includes the person who owns, rents or is in charge of the property. It also includes anyone who organizes or takes part in the disturbance (§ 10.16.100). The bill is a civil debt to the city (§ 10.16.120).

SJPD's Noisy Parties page describes the same thing from the officer's side. Officers who expect a return call fill out a Disturbance Violation Report and give a copy to the responsible person.

How to complain

SJPD's Noisy Parties page says to call 408-277-8900 for a loud party that is disturbing the peace. Give the address, the number of people, any dangerous conditions and any other crimes you see. You can stay anonymous, but the page says an officer will not respond to an anonymous call. The call is logged and a patrol supervisor may review it. If you agree to be contacted, the call is sent out based on available officers.

The page says the usual police response is to get the person in charge to bring the party under control without a citation or arrest. Call 911 for emergencies.

Suing over the noise

Section 10.16.090 gives an owner or occupant affected by a violation of the chapter the right to sue for damages, an injunction or other relief. A person who wins can recover damages and costs, including reasonable attorney fees. The court may also award a civil penalty of up to $1,000 for each violation.

Penalties

Chapter 10.16 does not list a criminal fine for § 10.16.010. The penalties it does spell out are the repeat-response charge in Part 3 and the civil penalty in § 10.16.090. Any general criminal penalty would come from another part of the code, which this page does not cover.

California law

California Penal Code § 415(2) makes loud and unreasonable noise a crime when it disturbs another person. The person has to act maliciously and willfully. The penalty is up to 90 days in county jail, a fine of up to $400, or both. The California noise rules page links the statute.

Keeping a record

San Jose's rule turns on what a reasonable person would find disturbing. So a record of how often the noise happens and how long it lasts carries a lot of weight. That is true whether you take it to a landlord or to court under § 10.16.090. The Noisy Neighbor iPhone app logs each incident with the time, length and an estimated decibel level. It exports a PDF report or complaint letter.

Sources

• San Jose Municipal Code Chapter 10.16, Offenses Against Public Peace (Municode)
• San Jose Municipal Code § 10.16.020, Disturbing noises designated
• San Jose Municipal Code § 10.16.090, Private right of action
• San Jose Municipal Code § 10.16.110, Responses to disturbances
• San Jose Police Department: Noisy Parties

Last checked October 17, 2026. Laws change, so check the official code before you act. This is not legal advice.