[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:
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10-2.4. Noises prohibited.
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A.
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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.
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B.
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The following are in violation of this section:
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(1)
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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;
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(2)
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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;
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(3)
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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:
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(a)
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Which violates the zone district noise levels set out in Subsection
10-2.5, or causes a noise disturbance.
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(b)
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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] | ||
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(4)
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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;
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(5)
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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:
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(a)
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In residential or commercial zone areas between the hours of
9:00 p.m. and 7:00 a.m. the following day; and
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(b)
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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;
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(6)
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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:
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(a)
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Outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following
day; and
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(b)
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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] | ||
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(7)
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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:
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(a)
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In residential or commercial zoned areas between the hours of
9:00 a.m. and 7:00 a.m. the following day; and
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(b)
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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] | ||
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(8)
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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;
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(9)
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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;
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(10)
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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] | ||
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(11)
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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;
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(12)
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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;
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(13)
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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
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(14)
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Operating a recreational vehicle or snowmobile in a manner which
violates Subsection 10-2.5 or causes a noise disturbance.
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[1]
Editor's Note: See NMSA 1978 Ch. 66, § 66-1-1 et
seq.
Section 10-2.7 ESPCC 1998 is to read:
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10-2.7. Exemptions. The following uses and activities shall
be exempt from noise level regulations:
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A.
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Noise of safety signals and warning devices;
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B.
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Noise resulting from any authorized emergency vehicle when responding
to a emergency call or acting in time of emergency;
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C.
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Noise resulting from emergency work;
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D.
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Noise resulting from lawful fireworks and noisemakers used for
a celebration of an official holiday;
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E.
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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
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F.
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Noise resulting from the use of a retarder/Jake brake® in
an emergency situation.
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