OFFENSIVE, EXCESSIVE, AND PROHIBITED NOISES

Mesa City Code tit. 6, ch. 12

in effect

Mesa City Code § 6-12-1 PURPOSE

6-12-1 - PURPOSE It is the purpose of this Chapter to regulate and prevent excessive, unnecessary, or offensive sound, noise, and vibration that disrupts, jeopardizes, or is detrimental to the health, welfare, safety, comfort, repose, and quality of life of the citizens of Mesa. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-2 DEFINITIONS

6-12-2: - DEFINITIONS The following words, terms, and phrases, when used in this Chapter, whether or not the term is capitalized, shall have the meanings noted below. Words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. Definitions set forth in this Section apply only to this Chapter and do not affect and are not to be applied to any other Mesa City Code. CITY MANAGEMENT: The City Manager or an Assistant City Manager or Deputy City Manager. EMERGENCY VEHICLE: Any vehicles of (i) a governmental entity related to police, fire, public safety or public works, or (ii) a public service corporation, or fire, medical, water or sewer district. EMERGENCY WORK: Any work performed (i) to prevent or alleviate physical trauma or property damage threatened or caused by an emergency, (ii) to restore or maintain utility services, or (iii) which is necessary to protect the health, welfare, or safety of persons or property. RESIDENTIAL PROPERTY: Any real property developed and used for human habitation containing improvements with living facilities, including provisions for sleeping, eating, cooking, and sanitation, unless such improvements are actually occupied and used for purposes other than human habitation. RESIDENTIAL STRUCTURE: Any structure or dwelling developed and used for human habitation containing improvements with living facilities, including provisions for sleeping, eating, cooking, and sanitation, unless such improvements are actually occupied and used for purposes other than human habitation. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-3 GENERAL PROHIBITIONS

6-12-3: - GENERAL PROHIBITIONS (A) It is a violation of this Chapter for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any loud, unnecessary, or unusual sound or noise that disturbs, injures, or endangers the comfort, repose, health, peace, or safety of a reasonable person. In determining whether a sound or noise is loud, unnecessary, or unusual, the following factors will be considered in addition to any other relevant information: (1) Volume and intensity of the sound or noise; (2) Proximity of the source of the sound or noise to residential structures on residential property; (3) The zoning and permitted land uses of the property or area from which the sound or noise emanates; (4) Whether the sound or noise is recurrent, intermittent, or constant; (5) Time of day, especially a sound or noise occurring between 10:00 p.m. and 6:00 a.m.; (6) The volume and intensity of background noise, if any; (7) Whether the sound or noise is enhanced in volume or range by any type of electronic or mechanical means; and (8) Whether the sound or noise is subject to being controlled without unreasonable effort or expense to the creator thereof. (B) The general prohibition set forth in this Section is in addition to and independent of any specific prohibitions against sound or noise set forth in this Chapter. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-4 ANIMALS

6-12-4: - ANIMALS It is a violation of this Chapter for any person to own, harbor, possess; care for, permit, or keep any animal that causes or makes frequent or long and continued sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of a reasonable person. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-5 MOTOR VEHICLES

6-12-5: - MOTOR VEHICLES (A) It is a violation of this Chapter to operate or cause to be operated any motor vehicle that creates any noise that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of a reasonable person including such unreasonable sounds created by grating, grinding, or rattling; or the exhaust system or engine; or other unreasonable motor vehicle sounds. (B) It is a violation of this Chapter to operate or permit the operation of any sound amplification system in or on a motor vehicle in such a manner or with such volume that, when operated, either: (i) unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of a reasonable person; or (ii) is plainly audible at a distance of fifty (50) feet from the vehicle from which the sound is emanating. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-6 GENERAL EXEMPTIONS

6-12-6: - GENERAL EXEMPTIONS The following types of sound and sound generating activities are not a violation of this Chapter: (A) Sound produced by emergency work or emergency vehicles. (B) Sound made to alert persons to the existence of an emergency, danger, or attempted crime. (C) Activities or operations of governmental units or agencies. (D) Activities approved by the City for a temporary use or limited duration that receive a special event license, special use permit, or similar permit or permission, but only to the extent such license, permit, or permission specifically exempts the activity from this Chapter and subject to any limitations or conditions of the license, permit or permission. (E) Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools, including public or private colleges or universities. (F) Construction, repair, remodeling, demolition, drilling, landscape maintenance, landscaping, lawn or yard work, wood cutting, including crafts and hobbies, or excavation work conducted between 6:00 a.m. through 8:00 p.m. Monday through Friday. A person may engage in or permit such activities at that person's residence between 6:00 a.m. and 8:00 p.m. on Saturday or Sunday. Landscape maintenance and landscaping at golf courses and private parks between 5:00 a.m. and 8:00 p.m. on all days is also exempted. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-7 TEMPORARY EXEMPTIONS

6-12-7: - TEMPORARY EXEMPTIONS (A) City Management is authorized to grant a temporary exemption from the requirements established by this Chapter if such temporary exemption for an activity would be in the public interest and there is either no feasible and prudent alternative to the activity, or method of conducting the activity. (B) A temporary exemption request must be in writing and submitted to the Code Compliance Administrator. City Management may require the requestor to provide notice to potentially impacted property. If the exemption is granted, it shall be signed by City Management and must set forth the activity granted the exemption, the conditions and limitations of the exemption, the location, and the date(s) and time(s) for which the exemption is effective. Any approved exemption shall be on file with the Code Compliance Unit. (C) A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity. (D) The following factors shall be considered by City Management in determining whether to grant a temporary exemption: (1) Adverse effects of granting the exemption; (2) Proximity to residential structures; (3) Level of the sound to be generated by the activity; (4) Whether the type of sound to be produced by the activity is usual or unusual for the location; (5) Density of population of the area in which the event or activity is to take place; (6) Time of day when the activity will take place; and (7) Nature of the sound to be produced, including whether the sound will be recurrent, intermittent, or constant. (E) The granting of a temporary exemption is at the sole discretion of City Management and the decision of City Management shall be final. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-8 PERSONS RESPONSIBLE FOR NOISE VIOLATIONS

6-12-8: - PERSONS RESPONSIBLE FOR NOISE VIOLATIONS (A) Any person that makes, assists in making, permits, continues, causes to be made or continued, or permits the continuance of sound or noise that violates this Chapter shall be deemed responsible for or guilty of the violation. (B) If the person responsible pursuant to Subsection (A) cannot be determined, there shall be a rebuttable presumption that the owner, property manager, sponsor of the event, lessee, or occupant of the property on which the sound or noise is emanating from is responsible for or guilty of the violation. (C) Any person in attendance who engages in conduct causing a sound or noise in violation of this Chapter shall be deemed responsible for or guilty of die violation. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-9 ENFORCEMENT

6-12-9: - ENFORCEMENT The City's Police Officers, Code Compliance Officers, Animal Control Officers, Park Rangers and any other City employee or official as authorized by City Management to enforce the provisions of this Chapter. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-10 PENALTY

6-12-10: - PENALTY (A) Any person who violates the provisions of this Chapter shall be responsible for a civil infraction except that habitual offenders shall be responsible for a criminal violation as provided in Section 6-12-11. (B) Any person found responsible for a civil violation of this Chapter, whether by admission, default, or judgment after hearing, shall pay a civil sanction of not less than $250 or more than $1,500. A second finding of responsibility within twenty-four (24) months of the commission of a prior violation of this Chapter shall result in an enhanced civil sanction of not less than $500 or more than $2,500. A third finding of responsibility within twenty- four (24) months of the commission of a prior violation of this Chapter shall result in an enhanced civil sanction of not less than $750 or more than $2,500. (C) Each violation shall be a separate offense, punishable as described herein. (Ord. No. 5750, § 1, 12-1-22)

Mesa City Code § 6-12-11 HABITUAL OFFENDER

6-12-11: - HABITUAL OFFENDER (A) A person who commits a violation of this Chapter after previously having been found responsible for committing a civil violation of this Chapter on three (3) separate dates within a twelve (12) month period, whether by admission, by payment of the fine, default, or judgment after hearing, shall be guilty of a class 1 criminal misdemeanor as a habitual offender. The Mesa City Prosecutor is authorized to file a class 1 criminal misdemeanor complaint in the Mesa City Court against habitual offenders. For purposes of calculating the twelve (12) month period under this Subsection (A), the dates of the commission of the offenses are the determining factor. (B) Upon conviction of a violation as a habitual offender pursuant to Subsection (A), the court may impose a sentence or incarceration not to exceed six (6) months in jail or a fine not to exceed $2,500, exclusive of penalty assessments prescribed by law, or both. The court shall order a person convicted as a habitual offender to pay a fine of not less than $500 for each count upon which a conviction is obtained. (Ord. No. 5750, § 1, 12-1-22)

Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT6PORE_CH12OFEXPRNOFetched: 11/1/2026