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

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

Key Facts

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Repealed decibel rules
§§ 20-5, 20-6 repealed by O2022.10 (3-3-22)

Summary

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.

The following uses and activities shall be exempt from noise level regulations: (1)Air-conditioning equipment when it is functioning in accord with manufacturer's specifications and is in proper operating condition;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

General Code Sec. " This sits in Chapter 20, Noise, the same chapter that otherwise bars unnecessary or excessive noise, runs the loudspeaker permit program, and sets construction hours. Lawn maintenance equipment gets a parallel exemption in Sec. 20-4(2), but only when its mufflers and noise-reducing equipment are in use and working. The practical effect for HVAC is that Tempe Code Enforcement and the Police Department cannot issue a noise citation over a compressor or condenser unit's operating hum, rain gutter fan noise, or compressor cycling, provided the equipment is not malfunctioning, damaged, or missing standard noise-reducing components such as an intact housing or mounting pad.

A broken, poorly maintained, or modified unit that runs louder than the manufacturer's specification loses the exemption and falls back under the general "unnecessary noise" nuisance standard in Sec. 20-11, which weighs volume, time of day, and proximity to residential sleeping areas. The city's old numeric decibel limits and measurement methodology, formerly Secs. 20-5 and 20-6, were repealed by Ordinance No. 10 on March 3, 2022, leaving the exemption list and the general nuisance standard as the operative rules today.

Violations & Fines

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.

Frequently Asked Questions

Can my neighbor's air conditioner ever be cited as too loud in Tempe?
Only if it is malfunctioning or not operating to the manufacturer's specifications. Sec. 20-4(1) exempts properly functioning AC equipment outright, so a well-maintained unit cannot be cited no matter how audible it is.
Does Tempe have a decibel limit for mechanical equipment?
Not anymore. Ordinance No. O2022.10, adopted March 3, 2022, repealed the old measurement-criteria and allowable-noise-level sections (former §§ 20-5 and 20-6), leaving the exemption list in § 20-4 and the general nuisance standard in § 20-11 as the current rules.
What happens if my broken AC unit is cited under Tempe's noise code?
It falls under Sec. 20-11's general unnecessary-noise standard, and a violation carries a civil fine of $100 to $1,000 under Sec. 20-15, plus a $50 default penalty if you miss your court date.

Sources & Official References

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