City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Española 2-16-1999 by Ord. No. 1999-01. Amendments noted where applicable.]
Section 10-2.3 ESPCC 1998: "Retarder/Jake Brake®" means any engine device used as braking power, to slow down a motor vehicle's rate of speed.
Section 10-2.4 ESPCC 1998 (Ordained as Code 1998) is to read:
10-2.4. Noises prohibited.
A.
In addition to the specific prohibitions outlined in Subsection B below and Subsections 10-2.5 and 10-2.9 of this Code, it is unlawful for any person to make, continue, or cause to be made or continued any noise disturbance within the City limits.
B.
The following are in violation of this section:
(1)
The sounding of any horn or audible signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle on any street or public place within the City, except as a danger warning signal as provided in the State Motor Vehicle Code,[1] or the sounding of any signaling device for an unnecessary period of time;
(2)
The sounding of any device or piece of equipment, including but not limited to a retarder/Jake brake®, which helps slow a motor vehicle's rate of speed (braking power). When activated, a retarder/Jake brake® creates noise through the motor vehicle's dilapidated or defective exhaust system. All motor vehicles on any municipal street, roadway and highway within its corporate limits must have a working muffler; and or resonator in accordance to NMSA 1978 § 66-3-844;
(3)
Using, operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound, except as provided for in Subsection B(4) below:
(a)
Which violates the zone district noise levels set out in Subsection 10-2.5, or causes a noise disturbance.
(b)
Between the hours of 9:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source; or 1) is plainly audible at 50 feet from such device when operated within a vehicle parked on a public right-of-way; or 2) is plainly audible through partitions common to two occupants within a building or structure;
[Amended 11-19-2013 by Ord. No. 2013-02]
(4)
Using or operating a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound vehicle in or upon any street, alley, sidewalk, park, place or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages or persons in a manner which violates Subsection 10-2.5 or causes a noise disturbance, unless a permit provided by Subsection 10-2.8 has been obtained;
(5)
Operating, or causing to be used or operated, any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto:
(a)
In residential or commercial zone areas between the hours of 9:00 p.m. and 7:00 a.m. the following day; and
(b)
In any other areas of the City where such operation exceeds the sound level limits for an industrial land use as set forth in Subsection 10-2.5;
(6)
Operating or permitting to be operated any power equipment rated five horsepower or less used for home or building repair or grounds maintenance, including but not limited to power saws, sanders, lawn mowers, garden equipment or snow removal equipment, in residential or commercial zoned areas:
(a)
Outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day; and
(b)
Which emits a sound pressure level in excess of 80 dBA measured at a distance of 25 feet;
[Amended 11-19-2013 by Ord. No. 2013-02]
(7)
Operating or permitting to be operated any power equipment, except construction equipment used for construction activities, rated more than five horsepower, including but not limited to chain saws, pavement breakers, log chippers and powered hand tools:
(a)
In residential or commercial zoned areas between the hours of 9:00 a.m. and 7:00 a.m. the following day; and
(b)
In any other areas of the City, if such equipment emits a sound pressure level in excess of 88 dBA measured at a distance of 25 feet;
[Amended 11-19-2013 by Ord. No. 2013-02]
(8)
Operating or permitting to be operated in any place of public entertainment any loudspeaker or other source of sound which produces, at a point this is normally occupied by a customer, maximum sound pressure levels of 100 dBA as read with the slow response on a sound level meter, unless a conspicuous and legible sign at least 225 square inches in area is posted near each public entrance stating:
"WARNING: SOUND LEVELS MAY CAUSE HEARING IMPAIRMENT." This provision shall not be constructed to allow the operation of any loudspeaker or other source of sound in such a manner as to violate Subsection 10-2.5;
(9)
Operating or permitting to be operated or used any truck, automobile, motorcycle or other motor vehicle which, by virtue of disrepair or manner of operation, violates Subsection 10-2.5 or causes a noise disturbance;
(10)
Operating or causing or permitting to be operated any refuse compacting vehicle which creates a sound pressure level in excess of 79 dBA at 25 feet from the vehicles;
[Amended 11-19-2013 by Ord. No. 2013-02]
(11)
Operating or causing or permitting to be operated any motor vehicle or any auxiliary equipment attached thereto in a manner which violates Subsection 10-2.5 or causes a noise disturbance for a consecutive period longer than 10 minutes during which such vehicle is stationary in a residential zone;
(12)
Creating noise in excess of the residential standard as defined in Subsection 10-2.5 within the vicinity of any school, hospital, institution of learning, court or other designated area where exceptional quiet is necessary, while the same is in use, provided conspicuous signs are displayed in the streets indicating a quiet zone;
(13)
Sounding, operating or permitting to sound or operate an electronically amplified signal from any burglar alarm, bell, chime, or clock, including but not limited to bells, chimes or clocks in schools, house of religious workshop or governmental buildings, which fail to meet the standards set forth in Subsection 10-2.5 for more than 15 minutes in any hour, and
(14)
Operating a recreational vehicle or snowmobile in a manner which violates Subsection 10-2.5 or causes a noise disturbance.
[1]
Editor's Note: See NMSA 1978 Ch. 66, § 66-1-1 et seq.
Section 10-2.7 ESPCC 1998 is to read:
10-2.7. Exemptions. The following uses and activities shall be exempt from noise level regulations:
A.
Noise of safety signals and warning devices;
B.
Noise resulting from any authorized emergency vehicle when responding to a emergency call or acting in time of emergency;
C.
Noise resulting from emergency work;
D.
Noise resulting from lawful fireworks and noisemakers used for a celebration of an official holiday;
E.
Noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved by the City Manager or appointed designee in accordance with Subsection 10-2.8 of this Code; and
F.
Noise resulting from the use of a retarder/Jake brake® in an emergency situation.