Sections
131.01 through
131.23 shall be known as the Santa Fe County Noise Control Ordinance.
(Ordinance 2009-11, sec. 1, adopted 10/27/09; Ordinance
2023-04 adopted 7/25/2023)
Idling speed.
A speed at which an engine will run when no pressure is applied
to the accelerator or accelerator linkage.
Noise sensitive unit.
Any building or portion thereof, vehicle, or other structure
adapted or used for the overnight accommodation of persons, including,
but not limited to, individual residential units, individual apartments,
trailers, hospitals, and nursing homes.
Person.
Any individual, any public or private corporation, association,
partnership, or other legally recognized public or private entity.
Plainly audible.
Unambiguously communicated to the listener. Plainly audible
sounds include, but are not limited to, understandable musical rhythms,
understandable spoken words, and vocal sounds other than speech which
are distinguishable as raised or normal.
Sound producing device.
(1)
Loudspeakers, public address systems;
(2)
Radios, tape recorders or tape players, phonographs, television
sets, stereo systems, including those installed in a vehicle;
(3)
Musical instruments, amplified or unamplified;
(5)
Vehicle engines or exhausts, when vehicle is not on a public
right-of-way, particularly when the engine is operating above idling
speed;
(6)
Vehicle tires, when caused to squeal by excessive speed or acceleration;
(7)
Domestic tools; including electric drills, chain saws, lawn
mowers, electric saws, hammers, and similar tools, but only between
10 p.m. and 7 a.m.;
(8)
Heat pumps, air-conditioning units, and refrigeration units,
including those mounted on vehicles.
Vehicle.
Automobiles, motorcycles, motorbikes, trucks, and buses.
(Ordinance 2009-11, sec. 2, adopted 10/27/09)
(A) The
board of commissioners finds that excessive sound can and does constitute
a hazard to the health, safety, welfare, and quality of life of residents
of the county.
(B) The
board determines that while certain activities essential to the economic,
social, political, educational and technical advancements of the citizens
of the county necessarily require the production of sounds which may
offend, disrupt, intrude and otherwise create hardship among the citizenry,
the board is obliged to impose some limitations and regulation upon
the production of excessive sound as will reduce the deleterious effects
thereof.
(C) It
is, therefore, the policy of the board to prevent and regulate excessive
sound wherever it is deemed harmful to the health, safety, welfare
and quality of life of the citizens of the county. This chapter shall
be liberally construed to effectuate that purpose.
(D) The
board further finds that the existence of public nuisances can result
in visual and environmental blight, and unhealthy, unsafe and devaluating
conditions.
(E) NMSA
1978, section 3-18-17(A) (1965) (as amended) permits a county “by
ordinance [to] define a nuisance, abate a nuisance and impose penalties
upon a person who creates or allows a nuisance to exist.” The
board determines that it is necessary to control and limit harmful
visual and environmental property blight that can adversely impact
the character of a neighborhood, public health, safety and general
welfare of the citizens of the county.
(F) It
is, therefore, the policy of the board to regulate and abate public
nuisances deemed harmful to the health, safety, welfare and quality
of life of the citizens of the county. This chapter shall be liberally
construed to effectuate that purpose. Provisions of this chapter are
to be supplementary and complementary to state law and other governing
law, including, without limitation, other county ordinances (see,
e.g., Santa Fe County Land Development Code Ordinance 1996-10, article
VII, section 5 and Santa Fe Oil and Gas Ordinance 2008-19, section
11.23), and nothing herein shall be read, interpreted or construed
in any manner to limit any right of the county or private parties
to abate any and all nuisances as may otherwise be permitted by law.
(Ordinance 2009-11, sec. 3, adopted 10/27/09)
This chapter shall not apply to practices operating under a
conditional use permit issued by the county.
(Ordinance 2009-11, sec. 11, adopted 10/27/09)
(A) The
sheriff of the county shall administer, supervise and perform all
acts necessary to enforce this chapter, with the exception of sections
131.40, 131.41 and 131.42 [sic] hereof which shall be administered,
supervised and performed through the county land use department.
(B) Upon
citation of a person for a violation of this chapter, the person issuing
the citation may seize as evidence the sound producing device which
was the source of the sound. The sound producing device, if seized,
shall be impounded subject to disposition of the issued citation and
determination by the court. It is the intent of this chapter to avoid
such seizures, except where the person being cited has received two
previous citations within the previous six months for the use of the
same or similar sound producing device. The previous citations may,
but need not, occur on the same date as the citation which prompts
the seizure.
(Ordinance 2009-11, sec. 4, adopted 10/27/09)
The provisions of this chapter shall be cumulative and nonexclusive
and shall not affect any other claim, cause of action, or remedy;
nor, unless specifically provided, shall it be deemed to repeal, amend,
or modify any law, ordinance, or regulation relating to noise or sound
but be deemed additional to existing legislation and common law on
such subject.
(Ordinance 2009-11, sec. 13, adopted 10/27/09)
Any person found guilty of violating this chapter may be punished
in accordance with NMSA 1978, section 4-37-3 (1975) (as amended).
(Ordinance 2009-11, sec. 14, adopted 10/27/09)
(A) If
measurements are made, they shall be made with a sound level meter.
The sound level meter shall be an instrument in good operating condition,
meeting the requirements of a type I or type II meter, as specified
in ANSI Standard 1.4-1971. For purposes of this chapter, a sound level
meter shall contain at least an A weighed scale and both fast and
slow meter response capability.
(B) If
measurements are made, personnel making those measurements shall have
completed training in the use of the sound level meter, and measurement
procedures consistent with that training shall be followed.
(C) Measurements
may be made at 25 feet of the exterior boundary of a noise sensitive
unit which is not the source of the sound, or within a noise sensitive
unit which is not the source of the sound.
(D) All
measurements made pursuant to this chapter shall comply with the provisions
of this section.
(Ordinance 2009-11, sec. 5, adopted 10/27/09)
It shall be unlawful for any person to produce or permit to
be produced, with a sound producing device, sound which:
(1) When
measured at 25 feet of the exterior perimeter of a noise sensitive
unit which is not the source of the sound, or within a noise sensitive
unit which is not the source of the sound, exceeds:
(a) 60 dBA at any time between 10 p.m. and 7 a.m.; or
(b) 75 dBA at any time between 7 a.m. and 10 p.m., and the sound exceeds
the levels identified in subsections (a) and (b) of this subsection
for five consecutive minutes or ten minutes in any one-half hour period,
or when intermittent sounds exceed the identified levels ten or more
times in any one-half hour period.
(2) Notwithstanding any other provision of subsection
(1) above, prohibited sounds shall not exceed 15 dBA above the levels identified in subsections (a) and (b) of subsection
(1) of this section for any duration, except as may otherwise be provided herein.
(3) If the noise source is an idling vehicle licensed to travel upon public roads of the state, the noise source shall not be allowed to exceed the levels identified in subsections (a) and (b) of subsection
(1) of this section for more than 15 consecutive minutes between 10:00 p.m. and 7:00 a.m. and 20 minutes between 7:00 a.m. and 10:00 p.m. At no time may the sound from an idling vehicle, when measured in accordance with subsection
(1) of this section, exceed 15 dBA more than the levels established therein, except as may be otherwise provided herein.
(4) If a measurement of the sound is made, subsection
(1) of this section shall supersede subsection
(2) of this section and shall be used to determine if a violation exists.
(Ordinance 2009-11, sec. 6, adopted 10/27/09)
Notwithstanding section
131.21, the following exceptions from this chapter are permitted:
(1) Sounds
caused by organized athletic or other group activities, when those
activities are conducted on property generally used for those purposes,
including: stadiums, parks, schools, churches, athletic fields, race
tracks, and airports; provided, however, that this exception shall
not impair the sheriff’s power to declare the event or activities
otherwise to violate other laws, ordinances, or regulations.
(2) Sound
caused by emergency work, or by the ordinary and accepted use of emergency
equipment, vehicles and apparatus, whether or not the work is performed
by a public or private agency upon public or private property.
(3) Sounds
caused by sources regulated as to sound production by federal law,
including, but not limited to, sounds caused by railroad or aircraft.
(4) Sounds
caused by bona fide use of emergency warning devices and alarm systems.
(5) Sound
caused by blasting activities when performed under a permit issued
by appropriate governmental authorities and only between the hours
of 9 a.m. and 4 p.m., excluding weekends, unless the permit expressly
authorizes otherwise.
(6) Sounds
caused by industrial or construction organizations or workers during
their normal operations.
(7) Sounds
created during agricultural operations.
(8) Sounds
made by activities by or on direction of the county or any other public
or private utility in maintenance, construction, or repair of public
or utility improvements in public rights-of-way, easements, or property.
(Ordinance 2009-11, sec. 7, adopted 10/27/09)
Any person who is planning the use of a sound producing device
which may violate any provision of this chapter may apply to the sheriff
for a variance from the provision:
(1) The
application shall state the provision from which a variance is being
sought, the period of time the variance is to apply, the reason for
which the variance is sought, and other supporting information which
the sheriff may reasonably require.
(2) The
sheriff shall consider:
(a) The nature and duration of the sound emitted.
(b) Whether the public health, safety or welfare is endangered.
(c) Whether compliance with the provision would produce no benefit to
the public.
(d) Whether previous permits have been issued and the applicant’s
record of compliance.
(3) A variance
may be granted for a specific time interval only.
(4) The
sheriff shall, within ten days, deny the application, approve it,
or approve it subject to conditions.
(5) The
sheriff’s decision may be appealed to the board of county commissioners.
Notice of appeal should be delivered to the county manager. The board
shall review the application at a regularly scheduled meeting de novo
and deny the application, approve it, or approve it subject to conditions.
(6) The
sheriff may at any time before or during the operation of a variance
granted by the sheriff revoke the variance for good cause. The board
may at any time before or during the operation of any variance revoke
the variance for good cause.
(Ordinance 2009-11, sec. 8, adopted 10/27/09)