[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-8-2003 by Ord. No. 207-03]
This article is passed pursuant to that grant
of authority contained in NMSA § 4-37-1, and shall be commonly
referred to as the "Doña Ana County Ordinance Prohibiting Use
of Unmuffled Retarders and Unmuffled Straight Pipes During Deceleration."
This article shall be effective and enforced within the geographical
boundaries of Doña Ana County, excluding the territory within
the boundaries of duly incorporated municipalities.
It is the intent of the Board of County Commissioners
to protect the enjoyment of life, property and prosperity of the residents
of Doña Ana County by eliminating and reducing bothersome noise
caused by motor vehicles being slowed through the use of unmuffled
engine brakes.
As used in this article, the following terms
shall have the meanings indicated:
Any vehicle which is self-propelled.
Any road, street, avenue, boulevard, highway, alley or similar
place which is controlled by a public governmental entity and is located
within the geographical boundaries of Doña Ana County, outside
the jurisdiction of incorporated municipalities.
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.
No person operating a motor vehicle on a public
roadway shall use an unmuffled retarder device or unmuffled straight
pipes where posted, or at any time within a residential area whether
posted or not.
A.
The County Sheriff and County Engineer shall consider
traffic safety factors and coordinate the content and location for
posting of black-on-white "Quiet Zone" traffic regulation signs on
public roadways in and near populated areas within the County.
B.
The County shall coordinate with state and/or federal
officials regarding signage deemed necessary on public roadways under
the jurisdiction of the state or federal government.
A.
Any uniformed Sheriff's Deputy or other authorized
law enforcement officer shall have, in addition to any other authority
vested in him, the power to stop a motor vehicle reasonably suspected
to be in violation of this article.
B.
A violation of this article shall be cause for issuance
of a citation and a complaint to be filed with the Magistrate Court
for the County of Doña Ana.
[Amended 9-27-2011 by Ord. No. 235-2011]
[Adopted 12-11-2012 by Ord. No. 260-2012]
A.
This article may be cited as the "Noise Control Ordinance."
B.
A substantial body of scientific research has shown that exposure
to excessive sound and vibration is a serious hazard to the public
health, welfare, safety and quality of life. It is therefore declared
to be the intent of the Board of County Commissioners (through this
article and through other County regulations) to minimize the exposure
to the physiological and psychological dangers of excessive noise,
and protect, promote and preserve the public health, safety and welfare.
It is the express intent of the Board of County Commissioners to control
the level of noise in a manner that promotes the use, value and enjoyment
of property, conduct of business, sleep and repose and an environment
free from unnecessary and excessive sound.
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
American National Standards Institute.
This term shall be as used in the Land Use and Zoning Code
(Doña Ana County Code, Chapter 250).[1]
An instrument sensitive to pressure fluctuations and meeting
the standards of the ANSI S1.4-1983 Type 1 or Type 2 or those of IEC
Publication 651 or those of the latest respective revisions thereof.
The sound pressure level as measured on an approved sound-level
meter using the A-weighting network. Instrument response shall be
"fast" for motor vehicle measurements and "slow" for all other measurements.
The Board of County Commissioners.
From 6:00 a.m. (0600 hours) to 10:00 p.m. (2200 hours)(Sunday
through Thursday) and from 6:00 a.m. (0600 hours) to 12:00 a.m. (2400
hours)(Friday and Saturday and holidays).
The Doña Ana County Sheriff's Department.
Work made necessary to restore property to a safe condition
following a public calamity, work to restore public utilities, or
work required to protect persons or property from an imminent exposure
to danger.
The United States Environmental Protection Agency.
Those days established by the federal government as official
holidays.
The International Electrotechnical Commission.
Every vehicle which is self-propelled, but excluding off-highway
construction equipment or unlicensed construction equipment or equipment
operated upon rails.
From 10:00 p.m. (2200 hours) to 6:00 a.m. (0600 hours)(Sunday
night/Monday morning through Thursday night/Friday morning) and from
12:00 a.m. (2400 hours) through 6:00 a.m. (0600 hours) Friday night/Saturday
morning and Saturday night/Sunday morning). On holidays, nighttime
runs from 12:00 a.m. (0000) hours) until 6:00 (0600 hours) and does
not commence again until 12:00 a.m. (2400 hours) at the end of the
twenty-four-hour day.
Property that is occupied and contains any of the following:
a dwelling unit or units, school, hospital, religious institution,
child-care facility, adult-care facility, court or library.
A ten-minute period during which animal noise is discerned
in each of the 10 one-minute intervals therein.
A person, firm, association, copartnership, joint venture,
corporation, or any other entity, public or private in nature.
The reference pressure for all sound level measurements shall
be 20 micropascals (20 uPa). This shall be further defined as 0 dB(A).
These terms shall be as used in the Land Use and Zoning Chapter
(Doña Ana County Code, Chapter 250).[2]
The Society of Automotive Engineers.
The Doña Ana County Sheriff or Sheriff's designated
representative.
Any machine or device for the sound amplification of the
human voice, music, or any other sound. "Sound amplifying equipment"
shall not include horns or warning devices on authorized emergency
vehicles or on any motor vehicles that are used only for traffic safety
purposes.
Unless otherwise indicated, any decibel (dB) measurement made
pursuant to the provisions of this article shall be based on the reference
sound pressure and measured with a sound-level meter using the A-weighting
network. In this article, the terms dB and dBA are synonymous unless
otherwise stated.
A.
Regardless of any other section of this article, it shall be unlawful
for any person during nighttime to make, continue or cause to be made
any unreasonably loud or unusual noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of another person or persons.
B.
Upon a complaint of a violation of Subsection A of this section, it shall be prima facie evidence of a violation of this article if any unreasonably loud or unusual noise is audible during nighttime to any person positioned at the boundary of the property immediately adjacent to the property from which the sound emanates or causes a person so positioned to be aware of the vibration accompanying the sound.
C.
General noise limits.
(1)
Except as otherwise provided in this article, no person during nighttime
shall make or continue, cause to be made or continued, or allow to
be made or continued, any sound exceeding the following limits as
measured on any other property receiving the sound:
|
Actual Land Use or Category of Receiving Property
|
Maximum dB
| |
|---|---|---|
|
Residential/noise sensitive
|
50
| |
|
Office/commercial
|
60
| |
|
Industrial
|
70
|
(2)
Sound projecting from property of one land use category onto property
of another land use category having a lower sound-level limit shall
not exceed the limits for the property of the land use category onto
which it is projected.
D.
Noises originating from sources of any kind engaged in agricultural,
ranching or military operations are exempt from the provisions of
this article.
The following sections of this article shall be an enumeration of specific noises prohibited by this article, but shall not limit the enforcement of § 261-11 of this article. Noises regulated by this article include but are not limited to the following enumerated noises.
The sounding of any horn or signaling device of any automobile,
motorcycle, truck or other vehicle on any public street or public
place except as a danger warning; the creation by means of any such
signaling devices of any unreasonable, loud or harsh sound; the sounding
of such devices for any unnecessary and unreasonable period of time
other than by accident or mechanical, electrical or other difficulty
or failure; and the use of any such signaling device where traffic
is held up shall be deemed a violation of this article. The provisions
of this section do not apply to an authorized emergency vehicle as
defined in NMSA 1978, §§ 66-1-4.1 and 66-7-6.
A.
No person during nighttime shall practice, play, or conduct live music activities using sound amplifying equipment or operate a radio, television, stereo or other sound amplifying equipment resulting in sound levels exceeding the level set in § 261-11 when measured on any receiving noise-sensitive property or, if an apartment, within any dwelling unit or common area accessible to residents of the apartment, or to conduct such activities or operate any such device so as to be audible within any dwelling unit which is not the source of sound.
C.
Vehicular sound amplification equipment.
(1)
No person during nighttime operating or occupying a motor vehicle
on a street, highway, alley, parking lot, off-street parking area
or driveway shall operate or allow the operation of any sound amplification
equipment from the vehicle in such a manner that the sound is audible
anywhere on noise-sensitive property.
D.
Outdoor sound amplifiers.
(1)
If any outdoor sound amplifier, loudspeaker system or similar broadcasting
device is audible at nighttime at any residence or other noise-sensitive
property and is otherwise in violation of this article, then use of
the outdoor sound amplifier, loudspeaker system or similar broadcasting
device at that facility shall thereafter be prohibited as provided
herein. If the user of a facility is determined to have violated any
requirement in this subsection on two or more occasions in any twenty-four-month
period, then the user of the outdoor sound amplifier, loudspeaker
system or similar broadcasting device shall thereafter immediately
remove such device from use at that facility. A subsequent user of
a facility at which use of an outdoor sound amplifier, loudspeaker
system or similar broadcasting device has previously been prohibited
pursuant to this subsection may not use such a device at that facility
unless and until:
(a)
The subsequent user establishes to the reasonable satisfaction
of the Department that the device can be used in compliance with this
section; and
(b)
The subsequent user is not affiliated by common ownership or
control with the user of the facility at the time use of the previous
device was prohibited.
No person shall use any drum, bell or other musical instrument resulting in sound levels exceeding the level set in § 261-11 when measured on any receiving noise-sensitive property or, if an apartment, within any other dwelling unit or common area accessible to residents of the apartment, or to conduct such activities in the nighttime so as to be audible within any dwelling unit which is not the source of sound. At no time shall such sound be allowed to cause or contribute to exceeding the limits set forth for the receiving property as established in Table 1, § 261-11. This section shall not apply to any person who is participating in a school band or duly licensed parade nor does this section apply in the daytime to bells or chimes used by schools or religious institutions.
Yelling, shouting or creating other unreasonably loud noises
which annoy or disturb the quiet, comfort or repose of any person(s)
in any office, dwelling, hotel or residence or of any persons in the
vicinity shall be deemed a violation of this article.
No person shall allow an animal in the person's possession
or control to persistently or continuously bark, howl or make noise
common to its species, or otherwise to disturb the peace and quiet
of any person(s) in the County, or otherwise endanger the health and
welfare of any person(s) in the County. This provision shall not apply
to public zoos and approved and properly zoned animal shelters, animal
boarding facilities or other similar approved operations.
The pounding or hammering on any metal object or thing, except
inside a building or in connection with a daytime construction project,
shall be deemed a violation of this article.
A.
The nighttime use of defective mufflers and other exhaust devices
that effectively bypass mufflers while any automobile, truck or motorcycle
engine is in operation which disturbs the peace and quiet of an area
shall be deemed a violation of this article.
B.
All motor vehicles shall have a ninety-day grace period from the
effective date of this article to comply with the vehicle noise emission
regulations herein.
No person shall collect refuse with a refuse collection vehicle
except during daytime.
A.
At nighttime, except for emergency work as defined in this article, no person shall operate or allow the operation of any stationary machinery, equipment, fan, air-conditioning apparatus, or similar permanently installed mechanical device in any manner so as to create noise which exceeds the Table 1 limits specified in § 261-11.
B.
At nighttime, except for emergency work as defined in this article, no person shall operate or allow to be operated outdoors any power equipment, including but not limited to sweepers, power mowers, leaf blowers, rototillers, power saws or other power equipment used to sweep parking areas or other surfaces or perform gardening, property repair or other similar functions so as to create noise which exceeds the Table 1 limits specified in § 261-11.
At nighttime, except for emergency work as defined in this article, construction, repair, demolition or excavation and grading work to commercial or residential buildings, roadways, utility facilities or infrastructure, which work disturbs the comfort or repose of any person(s) or generates noise exceeding the Table 1 limits specified in § 261-11, shall be deemed a violation of this article.
The Sheriff shall be responsible for the administration of this
article. Rules, regulations, and test and compliance procedures to
implement the provisions of this article shall be promulgated by the
Sheriff.
A.
Any person found to be in violation of this article is subject to
the penalties as follows:
(1)
Upon the first or second violation of this article, the offender
shall be sentenced to a fine of not less than $100 nor more than $300.
The minimum fine of $100 may not be suspended, deferred or taken under
advisement. The court may, in its discretion, suspend the remainder
of the fine.
(2)
Upon the third or subsequent violation of this article, the offender
shall be sentenced to a fine of not less than $300, which may not
be suspended, deferred or taken under advisement.
B.
Any person found to be in violation of this article shall not be
subject to a term of imprisonment.
C.
Where the complaint alleges a violation of this article, any plea
of guilty or nolo contendere thereafter entered in satisfaction of
the charges shall include at least a plea of guilty or nolo contendere
to a violation of this article and no other disposition by plea of
guilty or nolo contendere to any other charge shall be authorized.
D.
As an additional remedy to the penalties set forth in this section,
the violation of any provision of this article may be subject to abatement
summarily by a restraining order or injunction issued by a court of
competent jurisdiction.
