First, let me say that I have run into this problem before. As a property manager representing, sometimes, hundreds of homes in a vicinity bordering a school, use of the school grounds and fields can be problematic. Here is the correct manner in which to address the issue.
The use of the school and their adjoining fields, facilities and grounds falls under the purview of the school district, not the city and not the local government. The School's Board determines how and when the grounds will be used, and who will have access to those fields. While informal games and activities may be conducted at the school, a regimented, every week program must be approved by the school prior to use of the grounds. Violation of the rules will result in termination of the group's use of the field and facilities.
Most of the time, noise ordinances within San Jose do not apply for recreation activities unless those same activities use "bullhorns" or an amplified sound system on the property. If this happens, then the use of the horn, the noise level or sound levels, and the hours of use are restricted--check the school district to determine the exact rules for use.
If you wish to learn more about the use of the fields (who is using the field, how many people will be allowed, how the rules are generated regarding use) or to protest the field usage, contact the School District immediately. Keep in mind that most school districts must receive more than just one complaint in order to initiate any action or review of a situation, so you will need to talk to and obtain the support of your neighbors bordering the school to truly get the School Board's attention.
Grace Morioka, SRES, CID Manager/Expert
Area Pro Realty
San Jose, CA
I'd start with the Town Hall. I'm on Long Island and there are definite ordinances concerning noisy activities and how early they can begin and when they need to end in the evening. Since you say the league plays on elementary school grounds, chances are the Town rents out the grounds to the league or at least has knowledge about it. The "lease" may have one time, but the league may start earlier than actually allowable. 7:30 sounds a bit early. You may not have to enlist the help of neighbors and a petition, etc. In my area, the Department I'd speak with would be "Public Safety" If they can't give you the info, they can most likely direct you to someone who can. Good luck to you!
You may think your proximity to the playing field is having a negative effect on the value of your home, but that may not be the case. I sold 2 homes last year that are in similar situations. One had a park adjacent to the back yard and the other had a playing field adjacent to the backyard. In both cases, that was a major selling point! That said, I believe the 7:30 AM start time for events is too early. Contact your city hall to determine what needs to be done to change the start time; and, then, band together with your neighbors to make that change.
(1) Cricket games cause house prices to fall (or little league, soccer, Pop Warner football, etc.)
(2) Noisy parks/playgrounds/school fields are seen as a detriment to home sales.
Iâ€™d completely disagree. Truth is, many families WANT to live in residential neighborhoods with playgrounds and community activities on those fields. Weekends are for playing, having fun and getting outside â€“ since the advent of computerized games, many kids spend their entire days inside working their thumbs. What a great thing that kids are outside being kids! And teens are involved in group activities instead of doing more harmful things. And up and outside instead of laying in bed until noon.
As for adults and the ladyâ€™s league â€“ exercise is a great thing! More adults need it. Ironically â€¦ itâ€™s what the park was made for, not just a place for grass to grow and people to fondly gaze and say, â€œThat looks nice â€¦â€
If you have problem with the early start, as has been suggested, check with your local officials for noise ordinances and then file a complaint, if you feel it is really necessary. Otherwise, be glad you are in a neighborhood where the fields are being used as they were intended, instead of being a hangout for drug deals, teen beer fests and other deleterious types of behaviors.
Just a thought.
Also, here is the City of San Jose Noise (code) chapter that might be helpful:
Your question appears to be a legal one so this is probably not the forum you want. As an attorney, I am not sure that a nuisance exists. However, 7:30am is early and there may be noise ordinances that are being broken that could give you some ability to stop the early morning stuff. Are all the neighbors complaining? How long have you lived in this home? Was the school field there when you purchased the home? How long has the activities been going on? If you strongly feel this is a nuisance and affecting your home prices, you should consult an attorney. You can get a lawyer referral at the Santa Clara County Bar Association website.
Cappy D. Myers