It is declared that at certain levels noise is detrimental to
public health, comfort, convenience, safety and welfare of the citizens
of the town. This chapter is enacted to protect, preserve and promote
the health, welfare, peace and quiet of the citizens of Taos through
the reduction, prohibition and regulation of noise.
It is the intent of this chapter to establish and provide for
sound levels that will eliminate unnecessary and excessive noise,
reduce traffic and community noise and establish noise standards and
sound levels that will promote a comfortable enjoyment of life, property
and conduct of business and prevent sound levels which are harmful
and detrimental to individuals and the community.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 1, adopted 1997)
It is a violation of this chapter for any person to make, continue,
or cause to be made or continued any excessive, unnecessary or unusually
loud noise which unreasonably annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 2, adopted 1997)
A.
Maximum
permissible sound levels.
It is a violation of this chapter
for any person to operate or permit to be operated any source of sound
in such a manner as to exceed for nine (9) minutes out of any ten
(10) minute period the limits set forth for the following receiving
land use districts when measured at the boundary or at any point within
the property affected by the noise:
|
TABLE 8.24.030. MAXIMUM PERMISSIBLE SOUND LEVELS
| ||
|---|---|---|
|
Zone District
|
9 p.m. - 7 a.m.
|
7 a.m. - 9 p.m.
|
|
Residential
|
45 dbA
|
50 dbA
|
|
Commercial-agricultural-industrial
|
55 dbA
|
60 dbA
|
|
When a noise source can be identified and its noise measured
in more than one land use category, the limits of the most restrictive
use shall apply at the boundaries between different land use categories.
|
B.
Correction
for duration of sound.
1.
The
noise level exceeds the above established zone level by a measured
sound pressure of fifteen (15) dbA;
2.
The
noise level exceeds the above established zone level by a measured
sound pressure level of ten (10) dbA for a period of one minute or
more out of any ten (10) minute period;
3.
The
noise level exceeds the above established zone level by a measured
sound pressure level of three (3) dbA for a period of five (5) minutes
or more out of any ten (10) minute period.
C.
Construction
activity.
It is a violation of this chapter for any person
to operate, or cause to be used or operated, any equipment used in
construction, repair, maintenance, alteration or demolition activity
on buildings, structures, streets, alleys, or appurtenances thereto:
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 3, adopted 1997)
A.
It is
unlawful for any person to make, continue or cause to be made, any
loud or unusual noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others and which thereby
constitutes a public nuisance. Unlawful noises constituting public
nuisances include, but shall not be limited to, the following:
1.
Horns
and signal devices.
The sounding of any horn or signaling
device of any automobile, motorcycle, truck or other vehicle on any
street or public place, except as a danger warning:
2.
Radios
and phonographs.
The use or operation of any radio, phonograph
or other sound producing machine in such a manner as to disturb the
peace or quiet of the neighbors;
3.
Loudspeakers
and amplifiers used for advertising.
The use or operation
or permitting to be played, used, or operated any radio, receiver
set, musical instrument, phonograph, tape recorder, loudspeaker, sound
amplifier or other machine or device for the production or reproduction
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting the attention of the public in
any residential area, except with the proper permit elsewhere prescribed
in this code;
4.
Yelling
or shouting.
Yelling, shouting or creating other loud
noises which annoy or disturb the quiet, comfort or repose of persons
in any office, dwelling, hotel or residence, or of any persons in
the vicinity;
5.
Animals.
The keeping of any animals which, by causing frequent or long
continuous noise, shall disturb the comfort or repose of any persons
in the vicinity;
6.
Schools,
courts, churches, hospitals.
The creating of any excessive
noise on any street adjacent to any hospital, school, institution
of learning, church or court which interferes with the workings of
such institution or which disturbs or annoys patients in a hospital;
7.
Pounding.
The pounding or hammering on any metal object or thing, except
inside a building or in connection with the construction or erection
of a building.
B.
Whoever
commits a public nuisance in violation of this section is guilty of
a petty misdemeanor.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 4, adopted 1997)
The following uses and activities shall be exempt from noise
level regulations:
A.
Noise
of safety signals, warning devices and emergency pressure relief valves;
B.
Noise
resulting from any authorized emergency vehicle when responding to
an emergency call or acting in time of emergency;
C.
Noise
resulting from emergency work;
D.
Noise
resulting from lawful fireworks and noisemakers used for celebration
of an official holiday;
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 5, adopted 1997; editorially amended during 1998 codification)
A.
Application
for a permit for relief from the noise restrictions in this chapter
on the basis of undue hardship may be made to the town police department.
Any permit granted by the town manager or his authorized representative
shall contain all conditions upon which said permit has been granted,
including, but not limited to, the effective dates, any time of day,
location, sound pressure level, or equipment limitation. The relief
requested may be granted upon good and sufficient showing:
1.
That
additional time is necessary for the applicant to alter or modify
his activity or operation to comply with this chapter; or
2.
That
the activity, operation, or noise source will be of temporary duration
and cannot be done in a manner that would comply with this chapter;
and
3.
That
no reasonable alternative is available to the applicant.
B.
The
town manager may prescribe any reasonable conditions or requirements
deemed necessary to minimize adverse effects upon a community or the
surrounding neighborhood.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 6, adopted 1997; editorially amended during 1998 codification)
A.
No person
shall drive or move or cause or knowingly permit to be driven or moved
a motor vehicle or combination of vehicles at any time in such a manner
as to exceed the noise limits in table 8.24.030 [8.24.070] of this
chapter for the category of motor vehicle shown below. Noise shall
be measured at a distance of at least twenty-five feet (25') from
the near side of the nearest lane being monitored and at a height
of at least four feet (4') above the immediate surrounding surface.
|
TABLE 8.24.070. SOUND PRESSURE LEVEL, dbA
| ||
|---|---|---|
|
|
Speed Limit
40 mph or Less
|
Speed Limit
Over 40 mph
|
|
Motor vehicles with a manufacturer’s gross vehicle weight
rating (GVWR) or gross combination weight rating (GCWR) of 10,000
pounds or more, or any combination of vehicles towed by such motor
vehicle
|
90
|
94
|
|
Any other motor vehicle or any combination of vehicles towed
by any motor vehicle
|
77
|
81
|
B.
This
section shall apply to the total noise from a vehicle or combination
of vehicles and shall not be construed as limiting or precluding the
enforcement of any other provisions of this code relating to motor
vehicle mufflers for noise control.
C.
No person
shall operate or cause to be operated any motor vehicle unless the
exhaust system of such vehicle is:
1.
Free
from defects which affect sound reduction;
2.
Equipped
with a muffler or other noise dissipating device;
3.
Not
equipped with any cutout, bypass or similar device; and
4.
Not
modified in a manner which will amplify or increase the noise emitted
by the motor of such vehicle above that emitted by a muffler of the
type originally installed on the vehicle.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 7, adopted 1997)
The town police department shall have primary, but not exclusive,
enforcement responsibility for this chapter.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 8, adopted 1997)
Sound level measurements shall be made with a sound level meter
using the A-weighting scale, in accordance with standards promulgated
by the American National Standards Institute or other reasonable standards
adopted and tested by the town police department.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 9, adopted 1997)
Violations of sections 8.24.030 through 8.24.060 of this chapter are deemed and declared to be a nuisance, and as such may be subject to summary abatement by means of a restraining order or injunction issued by a court of competent jurisdiction.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 10, adopted 1997)
Any person violating any provision of this chapter may be punished
by a fine of not less than ten dollars ($10.00) nor more than three
hundred dollars ($300.00) or by imprisonment not to exceed ninety
(90) days or by both such fine and imprisonment. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
(1981 Code, sec. 13-13; Ordinance 97-40, sec. 12, adopted 1997)
