Noise from Specific Sources in Gilbert, AZ

Gilbert maintains 122 local ordinances across all categories, and 2 of those deal specifically with noise from specific sources. Here is a breakdown of what the city actually requires, what is prohibited, and where Gilbert falls on the strict-to-permissive spectrum compared to other cities.

HVAC & Mechanical Noise

Gilbert exempts air-conditioning, pool and spa equipment from its noise code only conditionally. Code of Gilbert § 42-61(c)(1) requires the equipment to be "properly functioning in accordance with manufacturer's specifications" AND to meet the residential community noise standards in subsection (e): a broken or oversized unit can lose the exemption.

Key details: Exemption: Conditional exemption for A/C, pool, spa equipment. Condition: Must function per specs AND meet noise table. Residential night cap: 45 dB(A), 10 p.m.–5 a.m.. Residential day cap: 55 dB(A), 5 a.m.–10 p.m.. Civil fine: $100–$500 per violation, § 42-65(a)(1).

A civil hearing officer may impose a sanction of not less than $100.00 nor more than $500.00 for each violation of § 42-61 caused by non-exempt HVAC, pool, or spa equipment. Three or more civil violations within a 24-month period make the property owner a habitual offender, exposing them to a criminal misdemeanor charge, up to six months in jail, and a mandatory minimum $500.00 fine per count.

Gilbert is more permissive than most cities when it comes to hvac & mechanical noise. That said, there are still limits.

Generator Noise

Gilbert exempts emergency generators and their authorized testing from its noise limits under Town Code § 42-61(c)(4). Every other generator must keep noise inside a neighbor's closed-up home at or below 45 dB(A) from 10:00 p.m. to 5:00 a.m. and 55 dB(A) from 5:00 a.m. to 10:00 p.m. in residential zones, with higher caps in commercial and industrial zones.

Key details: Emergency generators: Exempt, with their authorized testing (§ 42-61(c)(4)). Residential limit: 45 dB(A) at night, 55 dB(A) by day. Commercial limit: 55 dB(A) at night, 65 dB(A) by day. Industrial limit: 60 dB(A) at night, 70 dB(A) by day. Where measured: Inside the complainant's building, windows and doors closed.

A civil violation of § 42-61 carries a sanction of not less than $100.00 nor more than $500.00 per violation, set by the civil hearing officer (§ 42-65(a)(1)). A person found responsible for three or more civil violations within 24 months who offends again is a habitual offender, charged with a criminal misdemeanor in town municipal court: up to six months in jail, a fine up to $2,500.00, or both, with a mandatory minimum fine of $500.00 per count. The police chief and designees, including code enforcement officers, enforce the division and can seek voluntary compliance by warning, notice or education first.

The Bottom Line

Gilbert's noise from specific sources rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Gilbert is broadly strict or permissive.

Keep in mind that Gilbert can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, which shows when its source was last checked.