Otero County, NM Noise

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.

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.

§ 170-2 Barking dogs.

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.

§ 170-3 Enforcement.

The Sheriff's office is the enforcing agent of this article.

§ 170-4 Violations and penalties.

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.

Article II Engine Brakes

[Adopted 6-8-2004 by Ord. No. 04-02]

§ 170-5 Intent.

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.

§ 170-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:

MOTOR VEHICLE — Any vehicle which is self-propelled.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, highway, or alley or similar place which is controlled by a public governmental entity.

RETARDER

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.

§ 170-7 Use of retarder devices prohibited.

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.

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

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.

§ 170-8 Violations and penalties.

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.

§ 170-9 Applicability; exception.

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.