Section 11-1-7 Noise
A. Purpose. The purpose of this section is to promote the health and general welfare of the citizens and businesses of the Town by balancing the need to protect the peace and quiet enjoyment of residential neighborhoods and business districts from unnecessary, unusual, or unreasonable noise that is excessive, disruptive, and/or annoying against the need to promote and encourage commercial, business, and residential activity, maintenance, and growth in the community.
B. Definitions. The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
“Emergency work” means any (a) work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency that has or may result in a disruption of service and that is necessary to restore property to a safe condition following a public calamity, (b) work required to protect the health, safety or welfare of persons or property or (c) work by private or public utilities when restoring utility service.
“Unruly gathering” means a gathering of five or more persons on any private residential or commercial property, that disturbs the peace and quiet of a neighborhood or a reasonable person of ordinary sensibilities by producing unreasonable noise as prohibited under this section and may include impeding traffic, obstruction of public streets by crowds or vehicles, using or possessing illegal drugs, drinking in public areas, the service of alcohol to minors or consumption of alcohol by minors, fighting, littering, or similarly disruptive activities.
C. Unreasonable Noise. It is unlawful for any person to make, allow, enable or create unreasonable noise, with intent to disturb the peace or quiet of a neighborhood, family, or reasonable person of ordinary sensibilities, or with knowledge of doing so. Any Maricopa County Sheriff’s Deputy or other Town employees designated by the Town Manager to enforce this section may determine for enforcement purposes whether a noise is unreasonable.
Factors that may be considered in determining whether a violation of the provisions of this section exists include, but are not limited to, the following:
1. The volume of the noise;
2. The intensity of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise is natural or unnatural;
5. The proximity of the noise to residential dwellings;
6. The nature and zoning of the area within which the noise emanates;
7. The density of the inhabitation of the area within which the noise emanates;
8. The time of the day or night the noise occurs;
9. The duration of the noise;
10. Whether the noise is recurrent, intermittent or constant;
11. Whether the noise is produced by a commercial or noncommercial activity.
D. Unruly Gathering; Abatement. A peace officer may abate an unruly gathering by reasonable means including, but not limited to, citation and/or order dispersal of the persons attending the gathering.
E. Sound Truck. It is unlawful to play, operate, or use any device known as a sound truck, loud speaker or sound amplifier, radio or phonograph with loud speaker or sound amplifier or any instrument of any kind or character that emits loud and raucous noises and is attached to and upon any vehicle.
F. Braking Devices. It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated within the Town any compression release or other engine braking device designed to aid in the braking or deceleration of any vehicle which results in noise in excess of that which would otherwise be produced from such vehicle without such braking device. The provisions of this subsection do not apply to public safety vehicles or to any vehicle while descending Golden Eagle Boulevard.
G. Violations. Any person who violates this section is guilty of a Class 1 misdemeanor, punishable pursuant to Section 1-8-2.
H. Exemptions. The following uses and activities shall be exempt from Town noise level regulations:
1. Noises resulting from air-conditioning equipment when such equipment is in proper operating condition.
2. Noises from landscape maintenance equipment between 5:30 a.m. and 6:00 p.m. from May 15th through September 15th and between 6:00 a.m. and 6:30 p.m. during the remainder of the year when such equipment is functioning with all mufflers and standard noise-reducing equipment in use and in proper operating condition.
3. Noises of safety signals, warning devices and emergency pressure relief valves.
4. Noises resulting from an authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
5. Noises resulting from emergency work.
6. Church chimes or bells.
7. Any noise created by any Town or Town contractor vehicles, equipment or facilities while being operated or utilized for official business.
8. Noises resulting from a special event being held pursuant to a Town-issued special event permit.
9. Noises resulting from construction activities during approved hours per Article 7-6.
10. Noises resulting from an event being held by a school.
I. Other Remedies. Nothing in this section shall be construed as affecting the ability of the Town or other body to initiate or continue concurrent or subsequent criminal prosecution of any person for any violations of the provisions of the Town Code or State law arising out of the circumstances necessitating the application of this section. (21-11, Amended, 11/16/2021; 2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021; 19-11, Amended, 06/04/2019; 18-09, Amended, 06/19/2018; 16-10, Amended, 12/15/2016)