It shall be unlawful for any person, organization, group of
persons, or any corporation to make, continue to make, cause to be
made by or through the use of any instrumentality whatsoever, or to
allow to be made by any person, etc. under their control; any loud
or unusual noise so as to unreasonably disturb, annoy, injure, endanger
or otherwise impair the comfort, repose, health, welfare, peace or
safety of others. Such unlawful noise includes, but is not limited
to the following:
A. Horns and signal devices: the unreasonable or unnecessary sounding
of any horn or signaling device of any automobile, motorcycle, truck
or other vehicle on any street or public place or the creation by
means of any such horn or signaling device of any unreasonably loud
or harsh sounds or the sounding thereof for any unnecessary and unreasonable
period of time other than by accident or mechanical, electrical or
other difficulty or failure; provided that use of such devices, if
the noise produced thereby is reasonable, may be used in emergency
situations for which they were intended.
B. Vehicular noise: the operation of any motor vehicle, including motorcycles,
automobiles, trucks or other vehicles, when operated in such a way
as to cause unreasonable or unnecessary tire or engine or rattling
noise except as required through emergency or law enforcement situations.
C. Construction noise:
(1) The
unnecessary or unreasonable pounding or hammering of any metal object
except as is necessary in the construction of a building or structure,
or such as occurs within a building for repair or construction purposes;
and
(2) The
use of electric or gasoline-powered saws, drills, jack hammers or
any other construction equipment, including excavating equipment,
when operated between 2200 hours (10:00 p.m.) and 0700 hours (7:00
a.m.), except that this chapter will not apply to such activities
if conducted by the public authorities or their subcontractors in
emergency situations.
D. Animals: the keeping of any animals which, by causing frequent or
long-continued noise, disturb or impair the quiet, comfort or repose
of any person in the vicinity.
E. Radios and audio equipment: the playing of any radio, television,
phonograph, musical instrument or other sound-producing machine in
such a manner or with such an unreasonable volume as to disturb the
quiet, comfort or repose of persons in the vicinity.
F. Advertising devices: the use of any loudspeaker or any other sound-producing
device whatsoever to advertise or attract attention to any commercial
or private venture or occurrence or to advertise any political cause
or candidate where such device produces unnecessary or unreasonable
noise.
G. Yelling and shouting: unnecessary yelling or shouting or creating
other unreasonably loud noise which disturbs or impairs the peace,
quiet or repose of any person in the vicinity.
H. Protected zones: the unnecessary creation of any unreasonably loud
noise by any means whatsoever in the vicinity of any school, court,
hospital, or public office which unreasonably interferes with the
carrying on of the normal operations of such entities.
The Mayor may issue a permit allowing activities which cause
the production of unreasonable noise upon a showing of appropriate
necessity such as irreparable harm to property or business concerns
which would amount to a taking or for any other reason deemed to justify
the issuance of such a permit, provided that the harm caused by such
permitted act will not be greater than the benefit derived, and provided
that no permit shall issue for more than one year. All persons affected
or threatened by said issuance may protest and the Mayor is bound
to take notice and consider such protestations.
It shall be considered a violation of this chapter if a person
exceeds a noise level of 70 decibels at the property line.
Any person found guilty of violating any provisions of this chapter shall be punished as set forth in Chapter
1, Article
III, Penalties, of the Socorro City Code.