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Southaven, MS Noise from Specific Sources: HVAC & Mechanical Noise (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered equipment
Fans, air conditioners, pumps, cooling towers, compressors
Governing test
Section 10-121 disturbance factors
Repealed standards
Sections 10-91 and 10-92, printed as Reserved
Maximum penalty
$1,000 and/or ninety (90) days in jail
Enforcing official
Chief of police or designee
Special condition permit
Up to one (1) year, cost up to $500

Summary

Section 10-95 of the Southaven Code makes it unlawful to operate residential fans, air conditioners, stationary pumps, cooling towers or compressors so as to create noise that violates the noise chapter. The chapter's numeric exterior and interior standards were repealed, so the Section 10-121 disturbance test decides each complaint.

It shall be unlawful for any person to operate any residential fans, air conditioners, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical device or any combination thereof, installed in any manner so as to create any noise that violates the standards of this chapter.

Full Breakdown

Southaven Code § 10-95 is the one provision in the noise chapter that names residential equipment. It makes it unlawful to operate residential fans, air conditioners, stationary pumps, stationary cooling towers, stationary compressors, or a similar mechanical device or any combination of them, installed in any manner so as to create noise that violates the standards of this chapter. The section sets no decibel figure of its own and no nighttime hours for an air conditioner.

The standards it points to are thin. Section 10-91 (exterior noise standards) and Section 10-92 (interior noise standards) were repealed by an amendment of 1-2-07 and now print as Reserved. The test that remains is Section 10-121: any loud, unnecessary or unusual noise that disturbs the peace and quiet of any location in the City of Southaven, or that causes discomfort or annoyance to any reasonable person of normal sensitiveness. Subsection 10-121(b) lists what is weighed: proximity to residential sleeping facilities, the nature and zoning of the area, the density of inhabitation, the time of day or night, the duration and tonal or musical content, whether the noise is continuous, recurrent or intermittent, and whether it comes from a commercial or noncommercial activity. The only decibel limit left in the chapter is seventy (70) dBA at the property boundary in Section 10-93(11), and it covers M-1 and M-2 industrial districts.

Enforcement is the responsibility of the chief of police or his designee under Section 10-141, so a complaint about a neighbor's compressor goes to the Southaven Police Department. The chapter defines ambient noise level as the composite of sounds from all sources at the location, excluding the alleged offensive noise, and Section 10-62 states the policy of assessing complaints of noise alleged to exceed the expected ambient noise for a particular area.

Violations & Fines

Section 10-67 makes it a misdemeanor to conduct, participate in, or permit any activity in violation of the chapter. A person convicted is punished by a fine of not more than $1,000 and/or ninety (90) days in jail, and a continuation of a violation is a separate offense each day. Under Section 10-143 the chief of police can grant special condition permits for up to one (1) year, at a cost not exceeding $500.

Frequently Asked Questions

Is there a decibel limit for an air conditioner in Southaven?
Not in the residential rule. Section 10-95 only bars noise that violates the standards of the chapter, and the exterior and interior standards in Sections 10-91 and 10-92 were repealed by an amendment of 1-2-07. The one printed decibel figure, seventy (70) dBA at the property boundary, appears in Section 10-93(11) for M-1 and M-2 industrial districts.
Who do I call about a noisy neighbor's compressor in Southaven?
Enforcement of the noise chapter is the responsibility of the chief of police or his designee under Section 10-141, so the Southaven Police Department handles it. The officer weighs the Section 10-121(b) factors, including proximity to residential sleeping facilities, time of day or night, and whether the noise is continuous, recurrent or intermittent.
What is the penalty for violating the Southaven noise chapter?
Section 10-67 sets a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) and/or ninety (90) days in jail. A continuation of a violation constitutes a separate offense each day, so a unit that keeps running in violation can produce daily charges.
Do hotels and motels count as residential property for this rule?
No. The chapter defines residential property as a parcel developed and used in part or whole for residential purposes other than transient uses such as hotels and motels, and other than nonconforming residential uses. The definition also refers to R1, R2, R3, R4 and PUD zones, which an editor's note says were replaced by new designations in Title 13.

Sources & Official References

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