Gilbert, AZ Noise from Specific Sources: HVAC & Mechanical Noise (2026)

Section 42-61(c) lists 14 categories exempt from Gilbert's noise level regulations, and item (1) covers "the operation of air-conditioning, pool or spa equipment when it is properly functioning in accordance with manufacturer's specifications and the community noise standards for residential areas as set forth in subsection (e)." That dual condition means the exemption is not automatic: an HVAC condenser, pool pump, or spa heater must both operate as the manufacturer intended and stay within the § 42-61(e)(1) residential decibel table, 45 dB(A) measured inside a neighbor's closed dwelling between 10:00 p.m. and 5:00 a.m., and 55 dB(A) between 5:00 a.m. and 10:00 p.m., for more than five minutes to remain exempt.

A rattling compressor, a unit running with a failed fan bearing, or oversized equipment installed too close to a property line that pushes noise above those thresholds falls outside the exemption and becomes enforceable like any other noise source. Measurement under § 42-61(d) uses an a-weighted sound level meter set to slow response, calibrated with an acoustical calibrator before use, except that fast response may be used for impulse or rapidly varying sounds. If a homeowner's equipment is found in violation, enforcement runs through § 42-65: the civil hearing officer may impose a sanction of $100.00 to $500.00 per violation, and a person found responsible for three or more civil violations of this division within 24 months becomes a habitual offender facing a criminal misdemeanor complaint in municipal court, punishable by up to six months in jail or a fine up to $2,500.00, with a mandatory minimum $500.00 fine per count.