[Adopted 8-21-1995 by Ord. No. 95-02, amended in its entirety 7-22-1996 by Ord. No.
96-10]
It is unlawful for any owner of a dog to allow his dog to bark
excessively and thereby disturb the peace and tranquility of others.
It is unlawful for any owner or owners of any animal to keep it or
maintain it so that it habitually or continuously barks, howls, or
otherwise disturbs the peace and quiet of the inhabitants of this
County.
The Sheriff's office is the enforcing agent of this article.
Any violation of this article shall constitute a petty misdemeanor.
The penalty for conviction shall not exceed a fine of $300 or imprisonment
for 90 days, or both the fine and imprisonment.
[Adopted 6-8-2004 by Ord. No. 04-02]
The intent of this article is to ensure the citizens an environment
free from excessive sound caused by the use of an unmuffled retarder
device, commonly known as "Jake brakes®," or unmuffled straight
pipes when a driver is attempting to slow a motor vehicle's rate
of speed without the use of braking power and instead utilizing any
exhaust and/or engine device.
As used in this article, the following terms shall have the
meanings indicated:
MOTOR VEHICLE — Any vehicle which is self-propelled.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, or alley or similar
place which is controlled by a public governmental entity.
RETARDER
Any exhaust and/or engine device used as braking power, to
slow down a truck, automobile, motorcycle, or other motor vehicle's
rate of speed.
Any person violating this article shall be punished by a fine
of not more than $300 or by imprisonment not to exceed 90 days, or
by both such fine and imprisonment.
This article shall apply to all roadways within Otero County
outside the boundaries of any municipality. Provided, however, that
any roadway within Otero County that has been designated by the New
Mexico Department of Transportation as a particularly hazardous road
upon which the Department has required the use of a retarder or other
exhaust and/or engine device used as braking power to slow down a
truck, automobile, motorcycle, or other motor vehicle's rate
of speed shall not be subject to the prohibition contained in this
article.