Legal Question in Real Estate Law in California

Noise in a commercial zone

My business is a recording studio that I own with two partners. It is located in a commercially zoned area that abuts a creek that seperates the property and an apartment complex by approximately 100 yards. My question is: what is the decimal/distance limit that constitutes ''disturbing the peace'' from a commercially zoned property?


Asked on 1/21/02, 12:17 am

4 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Noise in a commercial zone

First off you meant to write 'decibel.' Call your County Code Enforcement Department or Officer, and ask that question. They'll be happy to provide that information. Since you didn't provide any information on which county you are in, I can't research it. If I was so inclined. The county codes sometimes differ on such standards. It'll be somewhere in your county code.

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Answered on 1/21/02, 9:37 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Noise in a commercial zone

This should be covered in your city's codes. If you're outside the city, check the county codes.

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Answered on 1/21/02, 1:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Noise in a commercial zone

Perhaps I can add just one more thought. Assuming you find an ordinance making 'noise' above a certain decibel level for a certain duration of time and measured at a certain point or distance illegal, that may not mean that lesser decibel levels are automatically okay! Lesser sound-intensity levels may also be actionable under legal concepts outside the noise ordinance. It depends to some extent on the wording and purpose of the law.....but just like a 65-MPH speed limit, where there will be situations (fog) requiring a lower speed, there may be conditions requiring less than the maximum noise level.

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Answered on 1/21/02, 4:27 pm
Wayne Smith Wayne V. R. Smith

Re: Noise in a commercial zone

That's a very technical question and can only be answered by reference to a "Noise Ordinance" in your community,if such an ordinance exists. The general law of private nuisance may apply, but that would be a difficult burden for the plaintiffs, unless your actions violate the local ordinance.

And what happened to the sound proof recording room we see all the time in TV and movies?

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

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Answered on 1/21/02, 1:41 am


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