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Hialeah, FL Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Governing section
Sec. 58-48(c)
Effect
Aircraft noise exempted from Article V
Regulator instead
Federal aviation authority
Local fine
None applies to aircraft noise
Adopted
Ord. No. 2001-39, 5-22-2001

Summary

Sec. 58-48(c) of the Hialeah Code exempts 'any noise generated by the movement of aircraft according to applicable federal laws or regulations' from the city's entire noise article, so aircraft overflight noise is not regulated locally.

The provisions of this article shall not apply to the following activities: (a)Noise generated for the purpose of alerting people to the existence of any emergency or noise generated in performing emergency activities.(b)Any noise generated by any noncommercial public speaking and public assembly activities conducted in any public space or public right-of-way pursuant to lawful authority.(c)Any noise generated by the movement of aircraft according to applicable federal laws or regulations.

Full Breakdown

Article V, Noise, of Chapter 58 sets out its noise-disturbance and construction-hours rules in Sec. 58-46 and Sec. 58-47, but Sec. 58-48, titled 'Exceptions,' expressly carves several activities out of the whole article. ' The city therefore leaves aircraft noise regulation entirely to federal aviation authority rather than layering a local noise-disturbance or curfew rule on top of it, consistent with the well-established federal preemption of aircraft flight-path and operational noise regulation. The same subsection sits alongside other Sec. 58-48 exemptions: emergency-alert noise in (a), lawful noncommercial public speaking and assembly in (b), interstate motor and rail carrier noise preempted by the Noise Control Act of 1972 in (d), and emergency equipment operation in (e).

Because Sec. 58-48(c) is an exemption rather than an affirmative local rule, there is no Hialeah fine, decibel limit or curfew that reaches aircraft noise; anyone with a noise complaint about aircraft must instead pursue it through the FAA or the operating airport's own noise-abatement channels, not the city's civil-citation process under chapter 22.

Violations & Fines

There is no local violation or penalty for aircraft noise: Sec. 58-48(c) removes aircraft movement noise from Article V entirely, so no citation, fine or civil-infraction penalty under Sec. 1-11 or chapter 22 applies to it at the city level.

Frequently Asked Questions

Can I file a noise complaint with the City of Hialeah about airplane noise?
The city's own noise ordinance does not cover it. Sec. 58-48(c) exempts 'any noise generated by the movement of aircraft according to applicable federal laws or regulations' from the entire noise article, so aircraft noise falls to federal aviation authority instead.
Why doesn't Hialeah regulate aircraft noise like other loud sounds?
Sec. 58-48(c) exempts aircraft movement noise from Article V because aircraft operations are governed by applicable federal laws and regulations, and the city ordinance defers to that federal framework rather than setting a local rule.
Are there other noise exemptions besides aircraft in Hialeah's ordinance?
Yes. Sec. 58-48 also exempts emergency-alert noise, lawful noncommercial public speaking and assembly, noise from interstate motor or rail carriers preempted by the federal Noise Control Act of 1972, and noise from emergency equipment operation.

Sources & Official References

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