Action Line: What are the noise rules in neighborhoods?

Q My dad is a gardener and he received a complaint from a neighbor where he is doing gardening work. He starts working at 7 a.m. and the neighbor said that he is not supposed to make any noise until 8 a.m. Do you have any idea what is the so-called quiet hours or noise curfew in San Jose?

A It would be best if your father honors the neighbor’s request, Tuyen. But there are no quiet hours or noise curfews in San Jose. State law and city ordinances basically forbid disturbing noises in neighborhoods. The problem is in the interpretation of the laws. Here is what Code Enforcement’s Jamie Matthews responded to your question by e-mail: “Although there is no specific restriction on doing yard work at a residence before 8 a.m., it is courteous to wait until after 8 a.m. before making noise. Starting noisy work before 8 a.m. can be disruptive and may reduce the chance of picking up additional clients in the neighborhood.

“San Jose Municipal Code Section 10.16.010 states that: ‘No person shall disturb the peace, quiet and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise.’

“Any noise that is determined to be ‘unreasonably loud’ may be considered a disturbance by the police who respond based on availability, call volume and relative priority when reported to 311.

“It is a much better idea and good business, however just to limit early morning activities if it is bothering someone.”

I just want to report an act of kindness and service. On New Year’s Day I made several purchases at Orchard Supply Hardware on El Camino and Lawrence Expressway. I did not realize my purse was missing until the next morning.

After looking everywhere, I called Orchard, the last place I visited. They had my purse in the safe and the manager was so nice. When I arrived at the store, I thanked the clerk for putting my purse in the safe, and she informed me that I had dropped my purse in the parking lot, and a customer picked it up and brought it into the store. You can imagine my surprise. The person who brought in my purse left no name, and I would like to express my gratitude for the honesty and kindness he or she showed. I would also like to thank Orchard employees for their honesty and professionalism.