Tempe, AZ Short-Term Rentals: Noise Rules (2026)
Key Facts
- Governing law
- A.R.S. § 9-500.39(B)(2), state preemption statute
- Equal-treatment rule
- Noise rules must match other property in same tax class
- Local cross-reference
- City Code § 16A-215(a) noise compliance duty
- Strike counted
- Only if noise is a serious safety threat
- Suspension trigger
- 3 verified violations in 12 months
Summary
Arizona law, not a Tempe-specific noise code, controls how far the City can go in regulating short-term rental noise. A.R.S. Section 9-500.39(B)(2) lets Tempe adopt and enforce noise and nuisance ordinances against vacation rentals, but only if the same rules are applied equally to other residential property, not singled out for STRs.
B. A city or town may not restrict the use of or regulate vacation rentals or short-term rentals based on their classification, use or occupancy except as provided in this section. A city or town may regulate vacation rentals or short-term rentals as follows: ... 2. To adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42-12003 and 42-12004.
Full Breakdown
S. 39 is the state preemption statute that sets the outer limits on every Arizona city's short-term rental ordinance, including Tempe's. Subsection A flatly bars a city or town from prohibiting vacation rentals or short-term rentals outright. Subsection B then lists the narrow categories of regulation a city may still impose, and paragraph 2 covers noise directly: a city or town may adopt and enforce use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, but only if the ordinance is applied in the same manner as other property classified under Sections 42-12003 and 42-12004, Arizona's owner-occupied and non-owner-occupied residential property tax classification statutes.
In practice that means Tempe cannot write a noise curfew or decibel limit that singles out vacation rentals for stricter treatment than any other rental home in the same tax classification; a noise complaint at an STR is enforced under the same general nuisance and noise rules that apply to any residence. Tempe's own licensing article cross-references this duty: City Code Section 16A-215(a) requires every short-term rental to comply with federal, state, and local laws, expressly including laws relating to noise, as a condition of keeping the license. 39(D) and the parallel City Code Section 16A-220, unlike a purely aesthetic complaint, which the statute exempts from the count.
Violations & Fines
A noise ordinance violation at a Tempe short-term rental is enforced the same way it would be against any residence: through the City's standard noise and nuisance citation process, not a separate STR-only noise code. Where the noise problem is also a serious threat to public health and safety, it can count as one of the three verified violations in a twelve-month period that trigger a license suspension of up to twelve months under A.R.S. Section 9-500.39(D) and City Code Section 16A-220.
Frequently Asked Questions
Does Tempe have its own noise ordinance just for short-term rentals?
Can a noisy party at an STR get the license suspended?
What noise law applies if I'm renting a room in a Tempe STR?
Sources & Official References
Other rules in Tempe
Compare Tempe to another location·View the Arizona short-term rentals overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Noise Rules in Nearby Cities
How other cities in Maricopa County handle noise rules.