(A) This
schedule may be cited as the “Prohibition; Engine Retarder Schedule.”
(B) The
purpose of this schedule is to preserve and protect the health, safety
and quality of life of the residents of the county and to improve
the environmental quality of the county. This schedule is intended
to control noise emissions from engine retarders in the populated
areas of the county and to coordinate notification and enforcement
efforts between the City of Santa Fe and the county.
(C) For
the purpose of this schedule, the following definition shall apply
unless the context clearly indicates or requires a different meaning.
Engine retarder. A device commonly known
as an engine retarding system, engine brake or exhaust brake, which
helps slow a motor vehicle’s rate of speed and, when activated,
creates noise through the motor vehicle’s engine or exhaust
system.
(D) The
use of engine retarders is prohibited, except in a bona fide emergency,
in the following locations:
(1) On
U.S. Highway 84/285, including any frontage road, ramps and intersections,
between the Santa Fe city limits at mile marker 167.68 to the Espanola
city limits at NM 106 at mile marker 186.80.
(2) On
U.S. Highway 285, including any frontage road, ramps and intersections,
from the intersection with Interstate 25 to the intersection with
County Road 33.
(3) On
State Route 599, including any frontage road, ramps and intersections,
from U.S. Highway 285 to Interstate 25 within Santa Fe County.
(4) On
State Route 344, including any frontage road, ramps and intersections,
from milepost sixteen (16) to milepost seventeen (17).
(5) On
that portion of County Road 56 (Airport Road) within the county.
(6) On
Interstate 25, between Old Pecos Trail exit #284 and Lamy exit # 290
at US 285.
(7) On
State Route 14 between mile post twenty-three through mile post thirty-eight.
(8) On
Santa Fe County Road 42 or Camino de Los Abuelos, and extending east
from State Route 14 to State Route 41, a distance of 9.33 miles.
(9) On
Santa Fe County Road 45 or Bonanza Creek Road, and extending north
from State Route 14 to Interstate 25 Frontage Road, a distance of
6.72 miles.
(10) On Santa Fe County Road 70 or West Alameda, and extending from the
City of Santa Fe limits west to Via Abajo road, a distance of 2.27
miles.
(11) On New Mexico State Road 41, between mile marker 57 and mile marker
55, a distance of approximately 2 miles covering the residential area
in Galisteo, NM.
(E) The
bodies or agencies responsible for maintenance of qualifying roads
shall erect and maintain signs; posted in conspicuous locations, indicating
that engine retarder use is prohibited. The absence of a sign or signs,
however, shall not be a defense to a charge of violation of this schedule.
(F) If,
at any time, this schedule conflicts with published state highway
department regulations or policy, the latter shall apply.
(Ordinance 1999-12 adopted 11/9/99; Ordinance 2010-17 adopted 12/14/10; Ordinance
2012-03 adopted 2/28/12 ; Ordinance 2024-02 adopted 3/12/2024 Penalty, see section 10.99)