Philadelphia, PA Noise Ordinances: Aircraft Noise (2026)
Key Facts
- City Code Exemption
- Phila. Code Sec. 10-403(13)(a)-(b) (aircraft, airport/railroad)
- Federal Authority
- 49 U.S.C. Sec. 40103 (exclusive airspace sovereignty)
- Controlling Case
- City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973)
- Local Role
- City as PHL airport proprietor may set reasonable noise-abatement measures
Summary
Philadelphia's Noise Code expressly exempts aircraft and airport/railroad operations, and federal law preempts local control of aircraft noise; Philadelphia International Airport, which the City owns, runs its own FAA-coordinated noise program instead.
Exemptions. The provisions of this Section shall not apply to the following: (a) Aircraft; (b) Airport and railroad operations; (c) Licensed fireworks displays; (d) Sounds lasting no more than 5 minutes in any one hour created by bells, chimes, carillons, or the human voice, or by electronic or mechanical devices that reproduce such sounds, while used in connection with a religious institution; (e) Sounds created by school bells or chimes ...
Full Breakdown
Philadelphia Code Section 10-403(13) exempts aircraft and airport and railroad operations (subsections (a) and (b)) from the prohibited-conduct rules of the Noise Code, so the City's decibel limits do not reach overflight noise. This mirrors federal preemption: under 49 U.S.C. Sec. 40103, the United States has exclusive sovereignty over the navigable airspace, and the U.S. Supreme Court held in City of Burbank v. Lockheed Air Terminal, Inc., 411 U.S. 624 (1973), that the Federal Aviation Act and the Noise Control Act of 1972 preempt local regulation of aircraft noise. As the proprietor of Philadelphia International Airport (PHL), the City may adopt reasonable, non-discriminatory noise-abatement measures in its capacity as airport owner - PHL operates a noise program coordinated with the FAA - but the noise ordinance itself does not regulate aircraft, and individual residents cannot use Chapter 10-400 to abate overflight noise.
Violations & Fines
No City Noise Code penalty applies to aircraft overflight noise because Section 10-403(13)(a)-(b) exempts it and federal law preempts local control. Aircraft-noise concerns are directed to the Philadelphia International Airport Noise Program and the FAA rather than to Department of Public Health enforcement.
Frequently Asked Questions
Does Philadelphia's noise ordinance cover airplane noise?
Why can't the City limit aircraft noise overhead?
Where do I report aircraft noise in Philadelphia?
Sources & Official References
Other rules in Philadelphia
Compare Philadelphia to another location·View the Pennsylvania noise ordinances overview
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