It is unlawful for any person or entity owning, operating, or in control of any restaurant, hotel, dance hall, show, business, or any other place of public amusement, entertainment, or accommodation, to play or allow to be played or emitted any music or sound from musical instrument or instruments that: (i) is loud, unreasonable, excessive, or unreasonably offensive to the senses; (ii) unreasonably disturbs, disrupts, or interferes with the slumber of any person in a residence, hotel, or any similar place of accommodation; or (iii) unreasonably disturbs, disrupts, annoys, or interferes with the peaceful, comfortable, and quiet enjoyment of the life or property of any person. Violation of this Section is a Civil Offense.
It is unlawful for any person or entity to play, operate, or use, or allow to be played, operated, or used, any sound amplification device, including without limitation a loud speaker, sound truck, radio, mobile device, computer, or any instrument or device of any kind or character that emits loud or unreasonable noise (collectively, “Noise Amplifying Device”) and is attached to or upon or in any vehicle or trailer unless the person or entity in owning, operating, or otherwise in charge of such vehicle or trailer shall have first applied to and received written permission from the Town Clerk or designee to operate any such Noise Amplifying Device. Violation of this Section is a Civil Offense.
It is unlawful for any person or entity to do any of the following or allow any of the following to be done on property or in a business the person or entity owns, operates, or in any way controls:
A. Operate a motor vehicle that is not at all times equipped with an exhaust system that has a muffler that is in good working order, in constant operation, and prevents the emission of loud, excessive, or unreasonable noise from the motor vehicle.
B. Operate a motor vehicle or machinery equipped with any device or modification that eliminates or in any way diminishes the noise-inhibiting function of a muffler.
C. Operate a motor vehicle in such a manner as to cause any portion thereof to emit excessive or unreasonable noise. Violations of this provision include, without limitation, revving the engine of any motor vehicle for purposes unrelated to locomotion; causing a motor vehicle’s tires to screech or squeal due to excessive speed, rapid acceleration, or aggressive maneuvering unrelated to the avoidance of immediate danger; operation of a motor vehicle that backfires at regular or frequent intervals; honking of a horn or warning device affixed to the motor vehicle except as authorized by A.R.S. § 28-954; and deceleration through practices commonly known as engine braking and/or Jake braking.
D. This provision shall not be construed to prohibit any person or entity from servicing, repairing, or testing any portion of a motor vehicle in a manner that causes the motor vehicle to emit noise; provided, however, that the person or entity does so between the hours 6:00 a.m. and 10:00 p.m. and in a manner that prevents the motor vehicle from emitting excessive or unreasonable noise.
Violation of this Section is a Civil Offense.
It is unlawful for any person or entity to cause or allow loud, unreasonable, or excessive noise to emit from real or personal property that the person or entity owns or controls, regardless of the instrument, device, or source of the noise, between the hours of 10:00 p.m. and 6:00 a.m., unless issued and operating in compliance with a Nighttime and Holiday Construction Permit (“NHCP”) by the Town in accordance with Section 7-1-4-10, or having met an exclusion or timeframe in accordance with Section 9-3-3 of the Town Code. Violation of this Section is a Civil Offense and Section 9-6-10 shall apply to Repeat Violators as set forth therein.
Notwithstanding any other provision of this Article, and in addition thereto, it shall be unlawful for any person without justification to make, continue to make, cause, or allow to be made or continued, any unreasonable noise that disturbs, disrupts, or interferes with the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Factors that may be considered in determining whether a noise is unreasonable for purposes of this provision include, but are not limited to, the following:
A. The volume of the noise;
B. The intensity of the noise;
C. Whether the nature of the noise is usual or unusual;
D. Whether the nature of the noise is natural or unnatural;
E. The volume and intensity of the background noise, if any;
F. The proximity of the noise to residential sleeping facilities;
G. The nature and zoning of the area within which the noise emanates;
H. The time of the day or night the noise occurs;
I. The duration of the noise;
J. Whether the noise is recurrent, intermittent or constant;
K. Whether the noise is produced by a commercial or noncommercial activity; and
L. Whether it is an impulse noise.
Violation of this Section is a Civil Offense.
It shall be unlawful for any person or group of people in or upon a public street, alley, public place, place of public accommodation, or property used to conduct business, to make any loud, excessive, or unreasonable noise, or to scream, shout, or yell in a manner that disturbs the peace and quiet of any residential neighborhood or the residences therein. Violation of this Section is a Civil Offense.
The following persons and entities shall be deemed responsible for any and all violations of this Article (the “Person(s) Responsible”):
A. Any and all persons or entities causing or creating the violative noise shall be deemed responsible for the same;
B. Any and all persons or entities allowing the violative noise to emanate from property the person or entity owns, occupies, manages, or controls shall be deemed responsible for the violative noise;
C. Any person in attendance who engaged in any conduct causing, facilitating, or perpetuating the violative noise shall be deemed responsible for the violative noise; and
D. If the person or entity causing or creating the violative noise does so upon property owned, occupied, managed, or controlled by another, the persons or entities owning, occupying, managing, or controlling the property shall also be deemed responsible for the violative noise after prior three (3) instances of the same or similar violative noise emanating from the property.