Provo City Council narrows landscaping exemption, adopts updated noise ordinance

The Provo City Council on Jan. 28 adopted amendments to the city noise ordinance that clarify exemptions for stadium events, remove references to ambient-noise measurement pending police technology, and modify landscaping-equipment time exemptions to 8 a.m.–8 p.m.

Policy analyst Michael Sanders summarized proposed language changes, saying the draft adds stadium exemptions for official interscholastic athletic competitions and for other stadium activities that would be allowed between 7 a.m. and 10 p.m. if conducted consistent with the stadium’s purpose; events that run past 10 p.m. would require a written permit issued by the mayor’s office or the mayor’s designee. Sanders said staff deleted references to ambient-noise measurement because police/information-services had not confirmed feasibility of phone-based ambient measurements.

Speakers at the council meeting raised several concerns: Council members and neighbors pushed back on a broad exemption for landscaping equipment operating between 7 a.m. and 10 p.m., citing leaf blowers and other machines that can produce sustained, high noise levels. BYU representative Eric Davis of the university’s general counsel’s office told the council that measuring noise at a property boundary could make typical trimming or edging exceed the numeric limits and said reasonable time windows were appropriate. Sanders and city staff said stadium clean-up or other non-athletic uses of PA systems would not fall under the athletic-competition exemption and would require a mayoral permit.

Multiple residents and stakeholders commented during the public-comment period. Lynn, a neighborhood district delegate, asked for clearer permitting criteria in the ordinance and said neighbors want notification when special exemptions are granted. Warren Motley, a resident of District 5, asked the council to weigh the college-town character and the needs of students in setting limits. Eric Davis said BYU is willing to work with the city on reasonable time limits for grounds maintenance. Council discussion centered on balancing students’ activities, neighborhood sleep needs, and practical groundskeeping operations.

Council Member Rachel Whipple moved to remove the landscaping-equipment exemption (subsection 9.06.0.05.02.h); that substitute motion failed 5–2. Council Member Garrett then moved to change the exemption’s hours so landscaping equipment would be exempt only between 8 a.m. and 8 p.m.; that amendment passed 7–0. The council then voted 7–0 to adopt the ordinance with the approved amendment. Staff noted the ordinance had been in development since December 2023 and that further administrative procedures (special-event permit criteria) would be handled through the mayor’s office and event permitting process.

Stakeholders asked for clearer permit application criteria; city staff said the code requires a written permit but the detailed administrative process is handled by the mayor’s office and special-events staff. Sanders said bass/low-frequency noise was removed from numeric standards because measurement is difficult and rarely enforced in comparable municipal codes; the draft retains language allowing enforcement on disturbance/public nuisance evidence even without sound-level measurements (citing 9.06.0.03). The council’s final ordinance text removed ambient-noise references and included the landscaping-hours amendment.

The motion to amend landscaping-exemption hours and the final ordinance passed 7–0.