Gilbert, AZ Noise Ordinances: Aircraft Noise (2026)
Key Facts
- Exemption
- Aircraft noise exempt from noise code
- Section
- § 42-61(c)(10)
- Total exempt categories
- 14 listed in § 42-61(c)
- Enforcement (non-exempt noise)
- Police chief & code enforcement, § 42-65(d)
- Civil fine (non-exempt noise)
- $100–$500 per violation
Summary
Gilbert's noise ordinance carves aircraft noise out of local enforcement entirely. Code of Gilbert § 42-61(c)(10) lists "noises created by aircraft" among the activities exempt from the town's community noise standards, so helicopter and airplane overflight noise is not measured against the decibel limits that apply to other sources inside town limits.
(c)Exemptions. The following uses and activities shall be exempt from noise level regulations in this section, but may be subject to other town regulations, including but not limited to the regulations in the Land Development Code:(1)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);...(9)Organized sporting events;(10)Noises created by aircraft;(11)Public or utility owned or operated stationary mechanical equipment so long as such equipment is properly functioning pursuant to manufacturer's specifications;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 102).
Full Breakdown
" Because aircraft noise sits alongside exemptions for safety sirens, emergency vehicles, railroad trains, church chimes, organized sporting events and permitted special events, a helicopter flying over a Gilbert neighborhood, whether a medical transport, police unit, tour operator, or private craft, cannot be the basis of a civil noise complaint under § 42-61 the way a barking dog, party speaker, or malfunctioning HVAC unit can. The community noise standards table in § 42-61(e), which caps residential noise at 45 dB(A) overnight and 55 dB(A) during the day, simply does not reach exempted categories.
Enforcement of the noise ordinance generally falls to the police chief and code enforcement officers under § 42-65(d), but that authority does not extend to aircraft noise because the underlying conduct was never brought within the regulated class in the first place. Residents whose primary noise concern is helicopter traffic, for example near Phoenix-Mesa Gateway Airport corridors covered by the Land Development Code's airport overlay, have no local civil-violation remedy through Chapter 42; any recourse sits with federal aviation authorities rather than the town's noise code.
Violations & Fines
Because § 42-61(c)(10) removes aircraft noise from the regulated class, the civil sanctions in § 42-65(a)(1), a $100.00 to $500.00 penalty per violation imposed by the civil hearing officer, escalating to a criminal misdemeanor for habitual offenders, cannot be applied to helicopter or airplane noise. Enforcement resources under §§ 42-61 through 42-63 are directed at non-exempt sources such as sound equipment, construction, and mechanical equipment instead.
Frequently Asked Questions
Does Gilbert regulate helicopter noise?
Can I file a noise complaint about a helicopter?
What other noises are exempt alongside aircraft?
Sources & Official References
Other rules in Gilbert
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