Brookhaven, GA Public Conduct: Loud Party Ordinance (2026)

Sec. 16-209 of the Brookhaven Code, titled Disorderly house, has two subsections that put the burden on the host or property holder. Subsection (a) covers a person who keeps and maintains, alone or through others, a common, ill-governed and disorderly house, to the encouragement of gaming, drinking, illicit drug activity, or other misbehavior, to the common disturbance of the neighborhood or orderly citizens. Before anyone is charged under (a), the chief of police must give written notice to the owner of the property and the person in possession, stating the general, customary and common habits of the house and giving fair notice of the conduct proscribed.

Subsection (b) is the one that reaches a single loud night. Any person who allows boisterous, noisy, drunken or riotous persons to assemble or remain in their house, apartment or upon their property, after receiving oral notice from a police officer that boisterous, noisy, drunken or carousing activities have caused complaint and annoyance to the common disturbance of the neighborhood or orderly citizens, is guilty of an offense against the city. The trigger is the officer's oral notice, and no one is charged unless the owner or person in possession has been afforded an opportunity to disburse the assembly or offending person from the premises. The subsection also preserves the officer's power to arrest for criminal trespass where an individual knowingly and without authority remains on private property after being told by the owner or lawful occupant to depart.

The noise article adds a second, distinct rule. Sec. 16-152(b)(3) makes it unlawful for any person in charge of a party or other social event on private property to allow it to produce noise plainly audible at or more than the specified distances from the building or structure, or beyond the property limits, whichever is farthest. Sec. 16-151 defines noise disturbance as any sound that endangers safety or health, disturbs a reasonable person of normal sensitivities, or endangers property.