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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
noise pollution; environmental nuisances
Purpose
Constitutes, as an environmental nuisance, a speaker or amplifying system that emits sound at 70 decibels or more. Prohibits a municipality from issuing a building permit if the application is for the construction or development of a building or structure that contains speakers or an amplifying system that emits sounds at 70 decibels or more five times or more each day.
Background
A city or town common council has the power to adopt ordinances for the government of the corporation, the city or town officers and persons within the city or town corporate limits needful for the good government and order of the municipality. The legislative body of a municipality also has authority to enforce any zoning ordinance enacted in accordance with statute in the same manner as other municipal ordinances are enforced. By ordinance, the legislative body must establish all necessary and appropriate rules and procedures governing applications for zoning amendments, review and approval of plans, issuance of any necessary permits or compliance certificates, inspection of buildings, structures and lands and any other actions which may be considered necessary or desirable for enforcement of the zoning ordinance. A city or town common council also has the power to restrain and punish the ringing of bells, blowing of horns, crying of goods or other noises, performances and practices that tend to collect people on the streets or sidewalks and obstruct the streets or sidewalks (A.R.S. §§ 9-240; 9-462.05; and 9-467).
The Director of
the Arizona Department of Environmental Quality (ADEQ) may take action to abate
environmental nuisances. An environmental nuisance is the creation or
maintenance of a condition in the soil, air or water that causes or threatens
to cause harm to the public health or the environment and that is not otherwise
subject to regulation by ADEQ. Environmental nuisances may include: 1) a
condition or place in populous areas which constitutes a breeding place for
flies, rodents, mosquitoes and other insects capable of carry and transmitting
disease-casing organisms to any person; 2) a place, condition or building that
is controlled or operated by any governmental agency that is not maintained in
a sanitary condition; 3) sewage, human excreta, wastewater, garbage or other
organic wastes; 4) a vehicle or container that is used for the transportation
of garbage or human excreta that is defective and leaks or spills the contents;
5) the maintenance of an overflowing septic tank or cesspool; 6) the pollution or
contamination of any domestic waters; 7) the use of sewage or sewage plant
effluents for fertilizing or irrigation purposes for crops or gardens except
for specific approval of the Department of Health Servies or ADEQ; 8) the
storage, collection, transportation, disposal and reclamation of objectionable
wastes; and
9) water that is unwholesome, poisonous or contains deleterious or foreign
substances or filth or disease-causing substances or organisms (A.R.S. § 49-141).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits, notwithstanding any other law, a municipality from issuing a building permit if the application for a building permit is for the construction or development of a building or structure that contains speakers or an amplifying system that:
a) has the capacity to emit sound that is equal to 70 decibels or more; and
b) emits sounds at 70 decibels or more five times or more each day.
2. Constitutes, as an environmental nuisance, a speaker or amplifying system that has the capacity to emit sound that is equal to 70 decibels or more.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
AN/ci