Tempe, AZ Noise Ordinances: Aircraft Noise (2026)
Key Facts
- Governing section
- City Code § 20-10
- Effect
- Full exemption from Chapter 20
- Condition
- Must conform to federal air regulations
- Enforcement authority
- FAA, not the City of Tempe
Summary
Tempe's noise code exempts aircraft operated under federal law and FAA air traffic control instructions from every provision of Chapter 20. An aircraft in distress or under an emergency order is likewise exempt, leaving aircraft noise entirely to federal regulation.
Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations and air traffic control instruction used pursuant to and within the duly adopted federal air regulations shall be exempt from the provisions of this section as well as the other regulations of this chapter.
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. " The same exemption extends to any aircraft operating under technical difficulties, in any kind of distress, under emergency orders of air traffic control, or operating pursuant to and subsequent to the declaration of an emergency under federal air regulations. In practice this means Tempe's Chapter 20, which otherwise regulates unnecessary noise, special noise sources, construction hours, and vehicle noise, has no independent authority over aircraft noise from operations near Phoenix Sky Harbor's flight paths or the general aviation traffic using Phoenix Deer Valley or Scottsdale airports; the FAA's regulatory framework and any flight-path or curfew agreements between the FAA and specific airports control instead.
The section traces to Code 1967, § 19A-8, and was last carried forward without substantive change by Ordinance No. 10 on March 3, 2022, the same 2022 ordinance that reorganized much of Chapter 20's exemptions and repealed the old decibel-measurement sections.
Violations & Fines
There is no local violation or fine for aircraft noise under Chapter 20 because Sec. 20-10 exempts compliant aircraft operations outright; noise complaints about flight operations must go through the FAA or the operating airport's noise-abatement office rather than Tempe Code Enforcement or Tempe Municipal Court.
Frequently Asked Questions
Can I file a noise complaint with the City of Tempe about aircraft overhead?
Does Tempe's aircraft noise exemption cover a plane in an emergency?
Who regulates aircraft noise near Tempe if the city doesn't?
Sources & Official References
Other rules in Tempe
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