Noise from Specific Sources in Tempe, AZ

If you live in Tempe or are thinking about moving there, noise from specific sources are one of those things you probably won't think about until they affect you directly. Tempe has 2 specific rules on the books covering different aspects of noise from specific sources, and some of them might surprise you.

Bar & Nightclub Noise

Tempe has no bar-specific decibel table; bar and nightclub noise is judged under the general "unnecessary noise" nuisance standard in the noise chapter, weighing 14 listed factors including proximity to residential sleeping areas and the time of night.

Key details: Governing section: City Code § 20-11. Standard used: 14-factor "unnecessary noise" test. No fixed decibel table: Case-by-case factor analysis. Civil fine range: $100–$1,000. Habitual offender: 3 violations/24 months = misdemeanor.

A Sec. 20-11 violation carries the Chapter 20 civil penalty under Sec. 20-15: not less than $100 nor more than $1,000, plus a $50 default penalty for failing to appear, and a lien can attach to the property where the violation occurred. Each day the noise continues is a separate offense under Sec. 20-17, and a business found responsible three times within 24 months is charged as a criminal misdemeanor under Sec. 20-18, prosecuted by the Tempe City Prosecutor in Tempe Municipal Court.

HVAC & Mechanical Noise

Tempe's noise chapter exempts properly functioning air-conditioning equipment from the city's noise regulations entirely. As long as a unit runs to manufacturer specifications and is in proper operating condition, it cannot be cited under Chapter 20, even if a neighbor finds it loud.

Key details: Governing section: City Code § 20-4(1). Exemption condition: Manufacturer specs, proper operating condition. Fallback if not exempt: General nuisance standard, § 20-11. Repealed decibel rules: §§ 20-5, 20-6 repealed by O2022.10 (3-3-22).

Because compliant air-conditioning noise is exempt, there is no fine for normal HVAC operation. If equipment is malfunctioning or improperly maintained and a resident complains, the city can pursue it under the general Chapter 20 civil penalty in Sec. 20-15: not less than $100 nor more than $1,000, plus a $50 default penalty for failing to appear, with each day of continuing violation a separate offense under Sec. 20-17.

The rules around hvac & mechanical noise in Tempe lean permissive, but that does not mean anything goes.

The Bottom Line

Tempe'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 Tempe is broadly strict or permissive.

This guide is based on Tempe's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.