CITY of ALBUQUERQUE CODE
ARTICLE 9
NOISE CONTROL ORDINANCE
AMENDING CHAPTER 9, ARTICLE 9, ROA 1994, THE NOISE CONTROL
ORDINANCE. BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE
CITY OF ALBUQUERQUE
Section 1.
Sections 9-9-1 et seq., ROA 1994, are hereby amended to read a
follows
9-9-1 Short title and Declaration of Intent
9-9-2 Definitions
9-9-3 Decibel measurement criteria
9-9-4 Sound amplifying equipment
9-9-5 Drums and bells
9-9-6 Schools, hospitals, religious
institutions and libraries
9-9-7 Machinery, equipment, fans and air
conditioners
9-9-8 Construction or demolition of buildings
and projects, excavation and grading
9-9-9 Motor vehicles
9-9-10 Aircraft related noise
9-9-11 Refuse collection
9-9-12 General noise
9-9-13 Temporary permits
9-9-14 Variances
9-9-15 Cross-references
9-9-16 Administration
9-9-17 Violations; additional remedies;
injunctions
9-9-18 Review
Section 9-9-1 SHORT TITLE AND DECLARATION OF
INTENT. (back to
contents)
- This article may be cited as the “Noise Control Ordinance".
- 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 City Council (through this
ordinance and through other City 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 City Council 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.
('74 Code, § 6-22-1) (Ord. 21-1975; Am. Ord. 9-2001)
Section 9-9-2 DEFINITIONS.
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For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
AMBIENT NOISE LEVEL. The sound pressure level of the
all-encompassing noise associated with a given environment, being
usually a composite of sounds from many sources and excluding the
specific noise under investigation; the A-weighted sound pressure
level equaled or exceeded 90 percent of the time (L90) and
based on a maximum one-hour sample period.
ANSI. American National Standards Institute.
APARTMENT. This term shall be as used in the Zoning Code (Chapter
14, Article 16, Albuquerque Code of Ordinances).
APPROVED SOUND-LEVEL METER. 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.
A-WEIGHTED SOUND PRESSURE LEVEL. 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.
DAYTIME. From 7:00 a.m. (0700 hours) to 10:00 p.m. (2200 hours).
DEPARTMENT. Albuquerque Environmental Health Department or its
subsequent designation.
EMERGENCY WORK. 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.
EPA. U.S. Environmental Protection Agency.
GVW. Gross Vehicle Weight.
HELIPAD. Facility intended for the takeoff and/or landing of
helicopters at a location other than an airport or other general
aviation facility.
HOLIDAYS. Those days established by the federal government as
official holidays.
IEC. International Electrotechnical Commission.
MAYOR. The Mayor or his designated representative.
MOTORCYCLE. Every motor vehicle having a seat or saddle for use by
the rider and designed to travel with not more than three wheels in
contact with the ground, including every motorscooter, motor-driven
cycle and moped, but excluding a tractor.
MOTOR VEHICLE. Every vehicle which is self-propelled, but excluding
off-highway construction equipment, or unlicensed construction
equipment or equipment operated upon rails.
MRGCOGLRMSP. Middle Rio Grande Council of Governments Long Range
Major Street Plan, as amended.
NIGHTTIME. From 10:00 p.m. (2200 hours) to 7:00 a.m. (0700 hours).
NOISE-SENSITIVE PROPERTY. Property containing an occupied dwelling
unit or units, school, hospital, religious institution, child-care
facility, or adult- care facility.
PERSISTENTLY OR CONTINUOUSLY. A 10-minute period during which animal
noise is discerned in each of the ten one-minute intervals therein.
PERSON. A person, firm, association, co-partnership, joint venture,
corporation, or any other entity, public or private in nature.
PLAINLY AUDIBLE SOUND. Any sound for which the information content
of that sound is distinguished by the listener, such as, but not
limited to, understandable spoken speech which need not be wholly
discernible, or comprehension of whether a voice is raised or normal,
or bass reverberations, or comprehensible musical rhythms.
REFERENCE PRESSURE. The reference pressure for all sound level
measurements shall be 20 micropascals (20 uPa). This shall be further
defined as OdB(A).
RESIDENTIAL, OFFICE/COMMERCIAL, INDUSTRIAL. These terms shall be as
used in the Zoning Code (Chapter 14, Article 16, Albuquerque Code of
Ordinances).
SAE. Society of Automotive Engineers.
SOUND AMPLIFYING EQUIPMENT. Any machine or device for the sound
amplification of the human voice, music, or any other sound. "Sound
amplifying equipment" shall not include warning devices on
authorized emergency vehicles or horns or other warning devices on any
motor vehicles used only for traffic safety purposes.
('74 Code, § 6-22-2) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord.
9-2001; Am. Ord. 5-2002)
Section 9-9-3 DECIBEL MEASUREMENT CRITERIA.
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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 ordinance, the terms dB and dBA are
synonymous unless otherwise stated.
('74 Code, § 6-22-3) (Ord. 21-1975; Am. Ord. 9-2001)
Section 9-9-4 SOUND AMPLIFYING EQUIPMENT.
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- No person shall practice, play, or conduct live band activities
using sound amplifying equipment or operate a radio, television,
stereo or other sound amplifying equipment resulting in sound levels
more than 5 dB above the ambient noise level 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
in the nighttime so as to be plainly audible within any dwelling
unit which is not the source of sound. At no time shall such
amplified sound be allowed to cause or contribute to an exceedance
of the limits set forth for the receiving property as established in
Table 1, Section § 9-9-12. Vehicular sound amplification
equipment is further subject to the requirements of Subsection §
9-9-12. Vehicular sound amplification equipment is further subject
to the requirements of § 9-9-4(D). Outdoor sound amplification
equipment used for broadcasting to employees or customers is further
subject to the requirements of § 9-9-4(F). Direct, two-way
point-of-service amplified sound speaker equipment is further
subject to the requirements of § 9-9-4(G).
- No person shall operate or allow the operation of any portable
self-contained music or sound amplification equipment in the daytime
on a public space or right-of-way in such a manner as to be plainly
audible 25 or more feet from the operator. No person shall operate
or allow the operation of such equipment in the nighttime in such a
manner that it is plainly audible by any person other than the
operator.
- Provisions in (A) and (B) above shall not apply to any person who
has obtained a temporary amplified sound permit as described in this
ordinance.
- Vehicular sound amplification equipment.
(1) No person 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, on
noise-sensitive property, the sound is plainly audible anywhere on
noise-sensitive property. For all other properties, no person
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 resulting in plainly audible sound during the nighttime.
(2) Commercial vehicles including, but not limited to, ice
cream trucks with amplified sound used for commercial advertisement,
shall comply with this ordinance within 1 year of the effective date
of this ordinance. During the 1-year compliance attainment period,
no person operating or occupying a commercial motor vehicle
including, but not limited to, ice cream trucks with amplified sound
used for commercial advertisement shall cause or allow such
amplified sound to result in sound levels more than 5 dB above the
ambient noise level on any receiving noise-sensitive property. At no
time shall such amplified sound be allowed to cause or contribute to
an exceedance of the limits set forth for the receiving property as
established in Table 1, § 9-9-12.
- No person shall allow, at an indoor or outdoor facility owned
and/or operated by the City of Albuquerque, the exposure of any
person to amplified sound over 90 dB.
-
- Outdoor sound amplifiers, loudspeaker systems or similar
broadcasting devices for the purpose of communicating with
employees or customers shall not produce sound levels exceeding
5 dB above the ambient noise level at any property line of a
facility using the device. At no time shall such amplified sound
be allowed to cause or contribute to an exceedance of the limits
set forth for the receiving property as established in Table 1
in this ordinance.
- Volume controls for such outdoor sound amplifiers,
loudspeaker systems or similar broadcasting devices, once
calibrated to meet the volume restrictions provided above, must
be mechanically limited to prevent their being overridden.
- Operation of such outdoor sound amplifiers, loudspeaker
systems or similar broadcasting devices is limited to daytime
hours as defined in this ordinance.
- If, notwithstanding observance of the above volume
restrictions, any outdoor sound amplifier, loudspeaker system or
similar broadcasting device is plainly audible at any residence
or other noise sensitive property, 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 division (F) on two (2) or more occasions in
any twenty-four (24) 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 division (F) may not use such a device at that facility
unless and until
- the subsequent user establishes to the reasonable
satisfaction of the Department that the device can be used
in compliance with this Section and
- 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.
- Any trade association of Albuquerque businesses whose members
engage in the same type of business, and at least 50% of whose
members generally use such outdoor sound amplifiers, loudspeaker
systems or similar broadcasting devices, shall implement and
maintain a procedure for receiving and attempting to resolve
complaints from the public about the outdoor sound amplifier,
loudspeaker system or similar broadcasting device used by any
member of that association. The Department may, at its option,
refer applicable public complaints against members of such an
association to the association pursuant to such procedure.
- Outdoor sound amplification equipment is exempt from the
requirements of this section if required to comply with OSHA or
national utility industry safety standards.
- This subsection shall not apply to organized community
sporting events.
-
- No person shall, at any time, operate two-way
point-of-service amplified sound equipment installed after the
effective date of this ordinance in such a manner that, on
noise-sensitive property, the sound is plainly audible anywhere
on noise-sensitive property; and
- No person shall, at any time, operate two-way
point-of-service, amplified sound equipment in place at the
effective date of this ordinance, in such a manner that the
sound is plainly audible within a dwelling.
('74 Code, § 6-22-6) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord.
9-2001; Am. Ord. 5-2002; Am. Ord. 40-2002; Am. Ord. 30-2003; Am. Ord.
46-2003)
Section 9-9-5 DRUMS, BELLS AND OTHER MUSICAL
INSTRUMENTS (back
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No person shall use any drum, bell or other musical instrument
resulting in sound levels more the 5 dB above the ambient noise level
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
plainly audible within any dwelling unit which is not the source of
the sound. At no time shall such sound be allowed to cause or
contribute to an exceedance of the limits set forth for the receiving
property as established in Table 1, § 9-9-12. 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.
('74 Code, § 6-22-7) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord.
9-2001; Am. Ord. 5-2002; Am. Ord. 40-2002; Am. Ord. 30-2003)
Section 9-9-6 SCHOOLS, HOSPITALS, RELIGIOUS
INSTITUTIONS AND LIBRARIES. (back
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No person shall create any unnecessary noise on any street,
sidewalk, or public place adjacent to any school, library, or other
institution of learning, or religious institution, while the same is
in use; or adjacent to any hospital, which noise unreasonably
interferes with the workings of such institution or which disturbs or
unduly annoys patients in the hospital, provided conspicuous signs are
displayed in such street, sidewalk or public place indicating the
presence of a school, hospital, religious institution or library.
('74 Code, § 6-22-8) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord.
9-2001)
Section 9-9-7 MACHINERY, EQUIPMENT, FANS, AND
AIR CONDITIONERS. (back
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- 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 results in exceedance of the Table 1 limits specified in §
9-9-12.
- 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 functions, within 500 feet of any noise-sensitive
property:
- during the nighttime; or
- between the hours of 700 a.m. and 900 a.m. on a Sunday or
holiday. Power mowers at golf courses are exempt from the
requirements of this subsection.
- No person shall install or allow the installation of any
mechanical equipment, such as, but not limited to, air conditioning
or freezer compressors, evaporative coolers, exhaust fans or other
noise-producing machines, on commercial property with such equipment
on a side adjacent to noise-sensitive property or a side separated
from noise-sensitive property only by an alley. Roof locations may
be used when the mechanical equipment is installed and maintained so
as to not result in an exceedance of the sound-level limits in Table
1, § 9-9-12. Mechanical equipment legally installed or for
which official final approval for installation was received before
the effective date of this ordinance is specifically exempt from
this location requirement.
- No person shall place or allow the placement of any garage door
used for entry or exit of vehicles from an automotive repair
facility on a side of any building adjacent to noise-sensitive
property or a side separated from noise-sensitive property only by
an alley. Garage doors legally installed or for which an official
final approval for installation was received before the effective
date of this ordinance are specifically exempt from this location
requirement.
- Public Utilities. Public utility generation, transmission or
distribution sites, facilities or substations shall be deemed
compliant with this section if operated so as not to exceed the
noise limits of any applicable City of Albuquerque/Bernalillo County
Facility Plan: Electric Service Transmission and Subtransmission
Facilities. In the absence of applicable Facility Plan noise limits,
the Table 1, § 9-9-12, noise limits corresponding to the land
use designation of the receiving property at the time of the
equipment installation shall govern. If a subsequent land use
designation is less restrictive, the limits for that land use shall
apply.
('74 Code, § 6-22-9) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord.
9-2001)
Section 9-9-8 CONSTRUCTION OR DEMOLITION OF
BUILDINGS AND PROJECTS, EXCAVATION AND GRADING.
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Except for emergency work as defined in this article, no person
shall, on or within 500 feet of any noise-sensitive property, operate
or cause to be operated any equipment used in construction, repair,
alteration, excavation, grading or demolition work on buildings,
structures, streets, alleys or appurtenances thereto
- with sound-control devices less effective than those provided on
the original equipment; and
- without using noise mitigation measures as approved by the
Department and the Public Works Department for projects exceeding
- 80 dB during any calendar day for more than 3 consecutive or
non- consecutive calendar days. Noise determination tests shall
be for at least 10 minutes, with any 4 tests in consecutive or
non-consecutive clock hours above the 80 dB level constituting
an exceedance for that day; or
- 90 dB during any clock hour for more than 4 consecutive or
non- consecutive clock hours. Tests shall be for at least 10
minutes, with any single test above the 90 dB level constituting
an exceedance for that hour.
- The location for sound level measurements shall be on any
receiving noise-sensitive property other than the project
property, provided that each test is taken from the same
property, and the provisions in this section shall apply to that
specific test location.
- The mitigation measures specified in this subsection 9-9-8(B)
shall be used at all times on Sundays and holidays and between
10:00 p.m. and 6:00 a.m.
- No person shall construct a building, including foundation work,
on Sundays or holidays or between 1000 p.m. and 600 a.m., without
first obtaining a Temporary Noise Construction Permit as described
in Section 9-9-13 of this ordinance.
('74 Code, § 6-22-10) (Ord. 21-1975; Am. Ord. 30-1981; Am. Ord.
9-2001)
Section 9-9-9 MOTOR VEHICLES.
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- No person shall operate or allow to be operated within the city,
at any speed including idle, either a motor vehicle or combination
of vehicles of a type subject to registration at any time or under
any condition of grade, load, acceleration or deceleration in such a
manner as to exceed the following sound level limits when measured
25 feet from the center of the vehicle path
Sound Level Limit
| Type of Vehicle |
Time Period |
Maximum dB |
1. Any motor vehicle with a Manufacturer’s
GVW rating of 10,000 lbs. or more, and any combination of
vehicles towed by such motor vehicle on roadways classified as:
-minor arterials and collectors in residential areas by the
MRGCOGLRMSP:
|
Daytime
Nighttime |
88 dB
80 dB |
| -principal arterials and collectors in
office/commercial and industrial areas by the MRGCOGLRMSP: |
All Times |
88 dB |
| Any motor vehicle with a GVW rating under
10,000 lbs. except motorcycles: |
All Times |
80 dB |
The requirements in §9-9-9(A) apply to the total sound from
a vehicle or combination of vehicles and shall not be construed as
limiting or precluding the enforcement of any other provisions of
this article relating to motor vehicle mufflers for noise control.
(B) Motorcycles. No person shall operate a motorcycle: which
exceeds 99 dB, measured in accordance with SAE stationary test
method J1287 or similar Department-approved method.
(C) No person shall operate a motor vehicle having a
manufacturer's gross vehicle rating of less than 6,000 lb., except
a motorcycle, which exceeds 95 dB measured 20 in. (508 mm) from
the exhaust outlet. The measured exhaust system sound level of a
stationary vehicle shall be the highest reading obtained during
the test, disregarding unrelated peaks due to extraneous ambient
noise. When there is more than one exhaust outlet, the reported
sound level shall be for the loudest outlet. When there is more
than one exhaust outlet extending from a single muffler, separated
by less than 12 in. (305 mm), measurements shall not be made on
the outlet furthest from the side of the vehicle.
(D) No person shall operate a motor vehicle having a
manufacturer's gross vehicle weight rating of at least 6,000 lb.
which exceeds 93 dB, measured 25 ft. (7.6m) from the side of the
vehicle. The sound level meter shall be observed during the full
cycle of engine acceleration-deceleration, and the measured sound
level reading shall be the highest value obtained during this
cycle, excluding unrelated peaks due to extraneous ambient noise.
When there is more than one outlet, the sound level for each side
of the vehicle shall be measured, and the reported sound level
shall be the average of the two highest readings within 1 dB of
each other on the louder side.
(E) Except when necessary to provide a warning signal, no
person shall, within any 7-day period, cause or allow the sounding
of any security alarm on or in any vehicle owned, leased or
otherwise held by that person:
(1) on more than 2 occasions; or
(2) during more than 5 consecutive minutes.
(F) All motor vehicles shall have a ninety-day grace period
from the date of publication of this ordinance to comply with the
vehicle noise emission regulations herein.
('74 Code, § 6-22-12) (Ord. 21-1975; Am. Ord. 30-1981; Am.
Ord. 9-2001; Am. Ord. 26-2002)
Section 9-9-10 AIRCRAFT-RELATED NOISE.
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- No person shall operate or run up, or cause to be operated or
run up, for testing, repair or maintenance purposes, an aircraft
engine which creates a sound level more than 5 dB above the
ambient sound level, when measured on any receiving
noise-sensitive property during the nighttime hours.
- Any aircraft engine operating within an aircraft during a
landing, takeoff or while moving upon the ground surface of an
airport shall be exempt from the provisions of this section.
Noise from helicopter takeoff and landing operations is
regulated in Subsection 9-9-10(D).
- The intent of this section is to regulate the noise levels
produced in the testing, maintenance and repairing of aircraft
engines and aircraft in the nighttime hours to the extent such
levels exceed 5 dB above the ambient noise level when measured
on any receiving noise-sensitive property.
- Helicopter Noise. While on the ground with engines running at
approved helipads within the city limits, helicopters shall not
exceed the following sound levels for the indicated time period
as measured on any receiving noise-sensitive property
- 65 dB for more than 5 minutes;
- 70 dB for more than 90 seconds;
- 80 dB for more than 15 seconds;
- 90 dB for any length of time. Helicopters shall not take
off or land at approved helipads in the city limits during
the nighttime. Sound level/duration limit compliance shall
be determined with an approved sound level meter which
measures and records at least 16 distinct readings per
second. This section 9-9-10 does not apply to helicopters
used for
- law enforcement;
- emergency medical transport;
- emergency search and rescue; or
- public utility restoration.
('74 Code, § 6-22-13) (Ord. 21-1975; Am. Ord. 30-1981; Am.
Ord. 9-2001)
Section 9-9-11 REFUSE COLLECTION.
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No person shall collect refuse with a refuse collection vehicle
except during the following hours
- Noise-sensitive property or property adjacent to
noise-sensitive property or separated by an alleyway from
noise-sensitive property:
- Monday through Friday 700 a.m. to 800 p.m.
- Saturday, Sunday, holiday: 700 a.m. to 1000 p.m.
- Areas not specified in (A)
- Monday through Friday: 600 a.m. to 1000 p.m.
- Saturday, Sunday, holiday: 700 a.m. to 1200 p.m.
(Ord. 9-2001)
Section 9-9-12 GENERAL NOISE.
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- Except as otherwise provided in this article, no person shall
make or continue, cause to be made or continued, or allow to be
made or continued, any sound resulting in an exceedance of the
following limits as measured on any other property receiving the
sound:
Table 1
General Sound-Level Limits |
|
|
| Land Use Category |
Time |
Maximum dB |
| Residential |
Daytime |
55 |
|
Nighttime |
50 |
| Office/Commercial |
Daytime |
65 |
|
Nighttime |
60 |
| Industrial |
Daytime |
75 |
|
Nighttime |
70 |
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.
- No person shall allow an animal in his 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
the inhabitants of the city, or otherwise endanger the health
and welfare of the inhabitants of the city. This provision shall
not apply to public zoos and approved and properly zoned animal
shelters as defined in the Animal Control Ordinance.
('74 Code, § 6-22-14) (Ord. 21-1975; Am. Ord. 30-1981; Am.
Ord. 9-2001)
Section 9-9-13 TEMPORARY PERMITS -
AMPLIFIED SOUND/CONSTRUCTION NOISE. (back
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- The Mayor may grant a temporary permit which allows
noncompliance with the limitations prescribed in this article
for the purpose of amplified sound or construction noise
activities of short duration.
- Permits shall be granted upon application, at no cost to
applicant, provided an initial evaluation indicates that the
permit will not result in a condition injurious to health or
safety.
- The following factors shall be considered in the initial
evaluation to determine whether granting the permit will result
in a condition injurious to health or safety
- Temporary Amplified Sound Permits
- Distance of proposed activities from noise-sensitive
property
- Number of amplification devices to be used in the
proposed activities;
- Anticipated direction of amplification devices;
- Anticipated length of proposed activities; and
- Whether the activity will be held within or without a
structure.
- Temporary Construction Noise Permits
- Distance from noise-sensitive property;
- Type of activity and equipment;
- Estimated noise level and duration;
- Noise mitigation measures to be used; and
- Health and safety benefits to be realized as a result
of the completed project.
- Upon a determination that the granting of a permit will not
result in a condition injurious to health or safety, the permit
shall be issued specifying place, duration, and any requirements
appropriate to the proposed activity site.
- Issued permits will be surrendered to any city police officer
or any Department representative authorized to enforce this
article upon request when it is determined that any requirement
contained in the permit has been violated.
- A subsequent permit application may be denied upon
substantiated complaint(s) by a resident(s) in the locality of
the permitted activity or if an applicant has in the past been
required to surrender a permit as described in division (E).
- This section shall not apply to any person who has been
granted a variance as prescribed by Section 9-9-14.
- Any person aggrieved by the disposition of an application for
a temporary permit may appeal such disposition by filing a
written petition with the Mayor within 30 days of the
disposition.
('74 Code, § 6-22-5) (Ord. 30-1981; Am. Ord. 9-2001)
Section 9-9-14 VARIANCES.
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- The Mayor may grant an individual variance from the
limitations prescribed in this article whenever it is found,
after a public hearing before a Hearing Officer and upon
presentation of adequate proof, that compliance with any part of
this article will impose an undue economic burden upon any
lawful business, occupation or activity, and that the granting
of the variance will not result in a condition injurious to
health or safety.
- Any variance, or renewal thereof, shall be granted within the
requirements of division (A) of this section and for time
periods and under conditions consistent with the reasons
therefore, and within the following limitations:
- If the variance is granted on the grounds that compliance
with the particular requirement or requirements will
necessitate the taking of measures which, because of their
extent or cost, must be spread over a considerable period of
time, it shall be for a period not to exceed such reasonable
time as, in the view of the Mayor, is requisite for taking
of the necessary measures. A variance granted on the ground
specified in this division shall contain a timetable for
taking of action in an expeditious manner and shall be
conditioned on adherence to the timetable; or
- If the variance is granted on the ground that it is
justified to relieve or prevent hardship of a kind other
than that provided for in division (1) of this division (B),
it shall be for not more than one year.
- Any person seeking a variance shall file a petition for
variance and a $50 filing fee with the Mayor. The Mayor shall
submit the petition to the Hearing Officer to conduct a public
hearing after notice has been provided in accordance with this
section and to make the final decision regarding the granting of
the variance. The Hearing Officer shall conduct the hearing and
accept documentary and testimonial evidence in accordance with
accepted administrative hearing procedures.
- Written notice of the public hearing shall be mailed by the
Hearing Officer at least 10 days prior to the hearing to:
- the petitioner;
- the petitioner’s agent;
- the owners as shown by the records of the County Assessor
of lots comprising the site of the variance and lots within
100 feet, excluding public right-of-way, of the site of the
variance;
- any neighborhood association that is “recognized”
by the city in accordance with the Neighborhood Association
Recognition Ordinance if the site of the variance is within
the neighborhood association’s boundaries or within 100
feet of the neighborhood association’s boundaries,
excluding public right-of way.
- any other person or entity that has filed with the Mayor
a request to receive a notice of the variance proceeding.
- The notice of hearing shall set forth the name and address of
the petitioner, the location of the site of the variance, that
the petitioner has requested a variance from this ordinance, the
nature of the requested variance, and that part of the ordinance
that would be-waived if approved.
- Following the hearing, the Hearing Officer shall render a
written final decision including findings of fact and
conclusions of law. The Hearing Officer shall mail the decision
to all parties of record. The exclusive remedy for any parties
to the administrative proceedings described in this paragraph
shall be a petition for writ of certiorari to the State District
Court. The petition for review shall be limited to the record
made at the public hearing described herein.
('74 Code, § 6-22-4) (Ord. 21-1975; Am. Ord. 30-1981; Am.
Ord. 9-2001)
Section 9-9-15 CROSS-REFERENCES.
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The following sources of noise are specifically governed within
the indicated Article of the Albuquerque Code of Ordinances
- animal noise Animal Control Ordinance (Chapter 9, Article 2);
- alarm system noise (structure/facility) Alarm Systems
Ordinance (Chapter 9, Article 3);
- vehicular horn noise Traffic Code (Chapter 8, Article 6);
- vehicular engine muffler noise Traffic Code (Chapter 8,
Article 6); and
- “unreasonable noise” Criminal Code (Chapter 12,
Article 2).
(Ord. 9-2001)
Section 9-9-16 ADMINISTRATION.
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The Mayor shall be responsible for the administration of this
article. Rules, regulations, and test and compliance procedures to
carry out the intent and purpose of this article shall be
promulgated by the Mayor.
('74 Code, § 6-22-15) (Ord. 21-1975; Am. Ord. 30-1981; Am.
Ord. 9-2001)
Section 9-9-17 VIOLATIONS; ADDITIONAL
REMEDIES; INJUNCTIONS. (back
to contents)
As an additional remedy to the penalty set forth in Section
9-9-99, the operation or maintenance of any device, instrument,
vehicle, or machinery in violation of any provision of this
article, which operation or maintenance exceeds the limitations of
this article, may be subject to abatement summarily by a
restraining order or injunction issued by a court of competent
jurisdiction.
('74 Code, § 6-22-17) (Ord. 21-1975; Am. Ord. 30-1981; Am.
Ord. 9-2001)
Section 9-9-18 REVIEW.
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This ordinance shall be reviewed by the City Council within five
years of its effective date.
(Ord. 9-2001)
Section 9-9-99 PENALTY. Any person who violates
any provision of this article shall be subject to the following
penalties for offenses during any 36-consecutive-month period
- fine of $100 for the first offense;
- fine of $250 for the second offense;
- fine of $500 for the third and subsequent offenses.
Each calendar day during which the violation occurs shall
constitute a separate and distinct offense.”
('74 Code, § 6-22-16) (Ord. 21-1975; Am. Ord. 9-2001)
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