[HISTORY: Adopted by the Board of County Commissioners of
Otero County as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 105.
[Adopted 8-21-1995 by Ord. No. 95-02, amended in its entirety 7-22-1996 by Ord. No.
96-10]
A.
Unreasonable noise consists of any unreasonably loud, shrill, or
blaring noise of such a character, intensity, or time as to be detrimental
to the quiet, life, or health of any others. It includes, but is not
limited to, the following:
(1)
The sounding of any horn or signaling device of any vehicle, on the
street or any public place, which creates an unreasonable, loud, or
harsh sound which is repulsive to others. It is not unlawful pursuant
to this article to sound any horn or signaling device when done for
legitimate reasons, such as a warning to others. Accidental or mechanical
failures are not unlawful under this article.
(2)
The use of a radio, television, phonograph, musical instrument, or other sound producing device in a manner as described in § 170-1 of this article, or used in such a manner or at such a volume that the quiet, repose, or comfort of anyone in any dwelling, motel, hotel, hospital or other like building shall be unlawful.
(3)
The use of any vehicle so out of repair or mechanically altered so
as to create in such a manner noise that affects the quiet, repose,
or comfort of anyone who hears it is unlawful.
(4)
The use of any drum, whistle, bell or other instrument or device
for the purpose of attracting the attention of the public by the creation
of sound to any performance, show, sale, display or like event when
it affects the quiet, repose, or comfort of anyone is unlawful. It
is not unlawful if the creator of such noise has been granted permission
by County Commission, County Sheriff, or County Manager. Said permission
must be in writing.
(5)
Creating any excessive noise on any public road which disrupts or
affects the quiet or tranquility of any occupant of any structure.
B.
Nothing in this article shall prevent the lawful use of farm, agricultural,
and or industrial machinery and equipment. Such equipment shall be
in good repair and maintained in accordance with the manufacturer's
specifications. The use of such equipment shall be limited to those
periods of time or seasons when such equipment is necessary to protect
crops or prevent damage to products.
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.
Any street, avenue, boulevard, highway, or alley or similar
place which is controlled by a public governmental entity.
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.
A.
No person
shall operate or cause to be operated any motor vehicle in an attempt
to slow the speed of the motor vehicle with the use of an unmuffled
retarder device, commonly known as "Jake brakes®," or unmuffled
straight pipes. It shall be an affirmative defense that unmuffled
retarder and/or compression brakes were applied in an emergency to
protect persons and or property.
B.
A violation of this article shall be cause for issue of a citation
and a complaint to be filed with the Magistrate Court for the County
of Otero; and
C.
Any uniformed police officer shall have, in addition to any other
authority vested in him, the power to stop a motor vehicle reasonably
suspected of violation of this article.
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.