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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Repealed decibel rules
§§ 20-5, 20-6 repealed by O2022.10 (3-3-22)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. 20-4 lists nine categories of exempt noise, and the very first is air-conditioning equipment: the exemption applies "when it is functioning in accord with manufacturer's specifications and is in proper operating condition." 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. O2022.10 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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