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?
4 Answers from Attorneys
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.
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.
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.
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?
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Reply Posted By:
Wayne V.R. Smith
Attorney at Law
P.O. Box 3219
Martinez CA 94553