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https://n2v.paloaltoonline.com/square/print/2020/06/13/noise-issue-and-property-line-definition

Town Square

Noise issue and "property line" definition

Original post made by Andrew L, Downtown North, on Jun 13, 2020

I live in a small apartment building which butts up against the property line. The neighbor next door(single family house) uses power tools in his backyard all day for what appears to be hobby work, including a very loud mitre saw mounted outside no further than 10ft from our bedroom windows.

Web Link
9.10.030 Residential property noise limits.
(a) No person shall produce, suffer or allow to be produced by any machine, animal or device, or any
combination of same, on residential property, a noise level more than six dB above the local ambient at any point
outside of the property plane.
"Property plane" means a vertical plane including the property line which determines the property
boundaries in space.

Do I have a legitimate case for a noise violation?
I called the city and officer said the noise level has to be calculated at the property line which means the sidewalk and likely wouldn't exceed the limits(debatable). The definition of property plane is not clear on this. Does anybody have experience with similar cases and can offer advice?
Does property line mean the sidewalk facing line or all edges of the property?

Comments

Posted by police officer is wrong
a resident of Palo Alto High School
on Jun 13, 2020 at 3:22 pm

Property plane just means a vertical extension of property lines .... all the lines. The Code doesn’t say take readings at the street, in fact it talks about not suffering specific noise levels AT ANY POINT outside the property plane.

"Property plane" means a vertical plane including the property line which determines the property
boundaries in space.

9.10.030 Residential property noise limits.
(a) No person shall produce, suffer or allow to be produced by any machine, animal or device, or any
combination of same, on residential property, a noise level more than six dB above the local ambient AT ANY POINT
outside of the property plane.

Readings to determine whether there is a violation under 9.10.030(a) can and should be taken on your side of the fence (there’s almost always a fence on side and rear property lines in Palo Alto, and fence lines in these locations most often follow property lines) in the area of closest proximity to where the noise is being generated on the neighboring property.

HOWEVER, the provisions of 9.10.030 apply at night, outside the hours set forth under 9.10.060(a) which allows a higher noise levels. Readings under the general daytime exceptions of 9.10.060(a) are taken at 25 feet from source of the noise. In this case 25 feet from the power tool. Depending on lot size and where on the lot the equipment is being used, the reading might be taken on your neighbor’s property or on the lot you live on.

Read the code. Read it again. Trust your readings. But how about starting by having a conversation with your neighbor, and see if you can work out a solution.

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