Fort Smith, AR Noise Ordinances: Construction Hours (2026)

The rule sits in Article II (Noise) of Chapter 16, Nuisances, in the Fort Smith City Code. Section 16-45(e) says construction projects are subject to the limitations specified for industrial zones for the period of time allowed by the building permit. That sentence does two things. It ties the noise allowance to the life of the permit, and it lifts the limit above what the neighborhood's own zoning would allow.

The industrial limits come from Table 1 in § 16-45(a). From 7:00 a.m. to 11:00 p.m. the ceiling is 80 dB(A). From 11:01 p.m. to 6:59 a.m. it drops to 75 dB(A). By comparison, Table 1 holds residential, transitional and commercial-1 zones to 60 dB(A) by day and 55 dB(A) overnight, and commercial zones to 75 dB(A) and 70 dB(A). A crew building next to a house therefore gets the industrial allowance, not the residential one. Section 16-45(e) itself sets no separate clock-hour window, so the day and night columns of Table 1 are the only time-of-day distinction the code draws for a permitted job.

The level is read at the edge of the source property. Section 16-45(a) measures sound at any point on the boundary of the property from which the noise emanates, and § 16-44 requires a Type II or better sound level meter on the A-weighted scale. Table 1 adds that all measurements must be taken with a calibrated meter. Where a source can be measured in more than one use district, § 16-45(b) applies the limits of the most restrictive district at that district boundary.

Who can complain depends on the hour. Outside 11:00 p.m. to 7:00 a.m., a complaint under § 16-45 must come from a property owner or leaseholder affected by excessive noise on his property. Between 11:00 p.m. and 7:00 a.m. that restriction falls away.

Separate rules still apply on a job site. Section 16-42(a) makes any noise disturbance unlawful, and § 16-41 defines that as sound that endangers health or safety, annoys or disturbs a reasonable person of normal sensitivities, or endangers property. Under § 16-42(c), a radio, musical instrument or other amplification device that is plainly audible at 150 feet or more between 11:00 p.m. and 7:00 a.m. is deemed disturbing. Section 16-42(b) exempts emergency work, meaning work to prevent or alleviate physical trauma or property damage from an emergency, and it exempts permitted special events.

A homeowner's own work is treated under the transient source rule. Section 16-41 defines a transient sound source to include lawn equipment, a domestic power tool, and the temporary repairing of a damaged domicile to maintain its habitability. Under § 16-45(d), the peak level of a transient sound may not exceed 20 decibels above the Table 1 limit.