Sedona AZ (September 11, 2012) – The City of Sedona submitted this article written by City Attorney Mike Goimarac entitled, If A Tree Falls In Sedona, Is It Allowed To Make A Sound?:

Compared to most cities and towns, Sedona is a quiet place. We enjoy the peace and solitude that comes with living in the middle of a beautiful forest. However, civilization is a noisy existence and, therefore, there must be a balance struck between peace and quiet and tolerance of the sounds that come from living in close proximity to other people. The sound-control regulations contained in the Sedona City Code attempt to strike that balance.

The City’s sound regulations note that people have a right to “an environment free from excessive sound.” These regulations go on to set “maximum permissible sound level limits” for residential and commercial zones. The limits are set forth in decibel units dB’s.

For example, the maximum dB level for residential zones between 7:00 a.m. and 10:00 p.m. is 60 dB’s. That level goes down to 50 dB’s after 10:00 p.m. until 7:00 a.m. For comparison purposes, the sound of a normal conversation between two people approximately 3 feet away is from 60 to 65 dB(A). A telephone dial tone is 80 dB’s. A jackhammer heard from a distance of 50 feet is 95 dB’s.

What these maximum levels indicate is that the City’s sound regulations are not designed to eliminate all sound that may be coming from a neighbor’s yard or from a nearby business. Instead, they are designed to curtail only excessive sound in terms of the sound’s intensity.

However, not all sounds are created equal. For example, the sound of a person screaming from a distance, or a small dog’s excessive barking may be much more annoying even though it is below the decibel limits described above. For such sounds, there are other laws that allow for more subjectivity in assessing whether or not they can be curtailed by law enforcement.

For example, State law provides that “unreasonable noise” created by a person with the intent to disturb the peace or quiet of a neighborhood, family or person, or with the knowledge of doing so, amounts to disorderly conduct, a class 1 misdemeanor. The City’s sound regulations prohibit any animal from making noise for more than five minutes if continuous, or for more than 15 minutes if intermittent.

The best way to curtail excessive sound and to insure harmonious relationships between neighbors is to exercise both tolerance and common courtesy. Residents need to be aware of excessive sounds that they may like or be used to, but which their neighbor may not, such as that favorite country music song played by the pool or a yappy dog that you may think is just being cute.

Likewise, residents need to be tolerant of the sounds of civilization and realize that it is impractical to expect the constant quiet of a forest in a residential neighborhood. Dogs will bark and weed eaters will be heard from next door. However, it is only “excessive” or “unreasonable” sounds that are prohibited.

When a sound issue arises with a neighbor, the best solution is a polite inquiry to tactfully let your neighbor know that there is a problem. If a neighbor insists on being uncooperative after such tactful reminders, then the police can be called as a last resort to deal with excessive or unreasonable noise. Again, by exercising both tolerance and courtesy, we can all work together to insure that Sedona is the peaceful serene town of friendly neighbors who respect each other.

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