Unreasonable Noise Rules & Regulations

Effective  July 1, 2024

Background

Extreme and/or unreasonable noise is a nuisance that creates a hazard to public health, welfare, and safety, which does not promote the use, value and enjoyment of property, or sleep/repose.  

Standards

“Unreasonable Noise” means any sound that exceeds the applicable decibel level limits set forth in Tables 1 or 2  for the applicable zoning designation and as measured from the source premises property line. It is unlawful for any person to emit from any source premises within the City a persistently or continuously unreasonable noise during daytime or nighttime hours. “Persistently or Continuously” means a 10-minute period during which any sound is discerned and that sound exceeds the applicable sound limits in each of the 10 one-minute intervals of such period.  In addition, it is unlawful for any person to emit from any source premises within the City extreme noise which causes material harm to the health and welfare of another.

Decibel Level Limits

Table 1 (A-weighted measurements in decibels (dB)). “Decibel or dB” means a logarithmic and dimensionless unit of measure often used in the describing of amplitude of sound. “A-Weighted” sound pressure level means the sound pressure level as measured on a sound-level meter using the A-weighting network. The unit of measurement is dB(A). Sounds measured with the "A" weighting network approximate the response of human hearing when measuring sounds of low to moderate intensity.

*No person shall operate or allow to be operated outdoors any power equipment, including, but not limited to, sweepers, power mowers, leaf/snow blowers, rototillers, power saws, or other equipment used to perform gardening, property repair or other functions during the hours of 8 p.m. to 7 a.m.  At no time when operational shall the sound level caused by or emitted from any of such equipment/tools exceed 85 dB(A) at the source premises property line.

Table 2 (C-weighted measurements in decibels (dB)). “Decibel or dB” means a logarithmic and dimensionless unit of measure often used in the describing of amplitude of sound. “C-Weighted” sound pressure level means the sound pressure level as measured on a sound-level meter using the C-weighting network. The unit of measurement is dB(C). The "C" weighting network is more sensitive to low frequencies than is the "A" weighting network.

Property Zoning and Boundary Information 

View an interactive map for property zoning and general boundary information.

Reporting

If you believe unreasonable noise, as defined above, is occurring, please contact the Rio Rancho non-emergency dispatch line at 505-891-7226 to report. Reporting via the non-emergency dispatch line should be utilized first before using other methods including the Report Rio Rancho online reporting system.

Exceptions and Exclusions 

1) Aircraft and airports. The decibel level limits do not apply to sounds or vibrations generated by any aircraft or generated in connection with the operation of any airport or approved helipad used in support of law enforcement, public utility restoration, emergency medical transport, or search and rescue.

(2) Earthshaking vibrations. The decibel level limits do not apply to vibrations caused by construction, demolition or repair work.

(3) Construction, demolition, or repair work. The decibel level limits do not apply to sounds generated in construction, demolition or repair work of an emergency nature or in work on improvements authorized by any governmental body or agency.

(4) Entertainment/sporting events. The decibel level limits do not apply to those sounds emanating from authorized school bands, school athletic/entertainment events, or those sounds generated by a stadium, amphitheater, arena, or athletic field.

(5) Horns and signal devices. The decibel level limits do not apply to the sounding of any horn or signaling device of any automobile, motorcycle, truck, or other vehicle on any roadway when used as a danger warning, or by an authorized emergency vehicle when responding to an emergency call or acting in a time of emergency.

(6) Human voices. The decibel level limits do not apply to sound levels created by unamplified human voices.

(7) Fireworks displays. The decibel level limits do not apply to any public or private legally permitted fireworks displays. Municipal Code, Chapter 92, Fireworks, remains in full force and effect.

(8) Mass transit. The decibel level limits do not apply to sounds or vibrations generated in the operation of any mass transit system.

(9) Parades and protests. The decibel level limits do not apply to legally permitted parades or to protests.

(10) Retarders, Jake brakes, engine brakes, and other like devices. The decibel level limits do not apply to the sounding of any device or piece of equipment, including, but not limited to a retarder, Jake brake, and/or engine brake, which helps slow a motor vehicle’s rate of speed, when used in an emergency situation where extra braking power is required to avert the danger of bodily harm to a person or damage to property when the emergency situation is not caused by the driver using the device.

(11) Refuse/recycling collection. The decibel level limits do not apply to refuse collection activities.

(12) Total preemption. The decibel level limits do not apply to sounds otherwise governed by federal, state, or municipal laws or regulations.

(13) Decibel level limits are not applicable for an activity conducted pursuant to an approved Temporary Variance.

Temporary Variance

The City Manager or their designee may grant a temporary variance which allows non-compliance with  decibel level limitations for a non-reoccurring, short duration activity. The City Manager’s or their designee’s decision to grant or deny a temporary variance shall be final (see Section 150.08 of Municipal Code for Appeals / Appeal Form).

The temporary variance shall be considered only after an applicant/requestor provides specific information, and the City Manager or their designee has determined that granting the temporary variance shall not be detrimental to public health, welfare, and safety, and the temporary variance is warranted because adherence to the decibel level limitations would impose undue economic burden upon any lawful business, occupation or activity.

Apply for a variance.

No temporary variance shall be granted for reoccurring events. No more than four (4) temporary variances shall be granted to the same applicant/requestor during a twelve (12)-month period of time. 

Any temporary variance granted shall be issued in writing and specifying place, date, duration, and any requirements appropriate to the proposed activity site, which may include maximum decibel levels.

An issued temporary variance shall become void, and surrendered to any Police Officer, Code Enforcement Officer, or the City Manager (or their designee) as applicable, when it is determined that any requirement contained in the variance has been violated. Upon revocation of the temporary variance, activities must either immediately cease or must comply with decibel level limitations. A subsequent temporary variance request by the same applicant/requestor may be denied upon substantiated complaint(s) related to an activity previously granted a variance, or if an applicant has previously been required to surrender a temporary variance.

Animals

In relation to noise caused by animals,  the following sections of Municipal Code are applicable: 

90.02 Definitions:  

Continuously or Continual. Continuing without interruption for a period of 10 minutes, and/or interrupted then starting again where the animal noise occurs in each of the 10 one-minute period intervals.

Reasonable. What conventional wisdom would deem as justifiable or explainable, i.e., being within the bounds of reason.

Unreasonable. What conventional wisdom would deem as unexplainable or unjustified, i.e., not being guided by reason.

90.22 Animals Disturbing the Peace: (A)(1) No person shall allow any animal to persistently or continuously bark, howl or make noise common to their species, or otherwise unreasonably disturb the peace and quiet of the inhabitants of the city. This section does not differentiate from any particular time frame of the day or night, nor does it discriminate if the owner or keeper is at the premises or not. Reasonable barking or noise that is common under normal circumstances is not to be considered as disturbing the peace under this section.

Motor Vehicles

In relation to noise caused by motor vehicles, the following section of the traffic code is applicable:

12-10-1.10 (A) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street in this municipality.

Penalty

Each instance of unreasonable noise may be subject to the standard Municipal Code penalty via Municipal Court and Judge discretion:

10.99 General Penalty: Any person found guilty of violating any of the provisions of this code shall be fined not more than $500 or imprisoned for a period of not more than 90 days, or by both such fine and imprisonment, and each day this code is violated shall constitute a separate offense, provided, however, that if a specific penalty is provided therefor in any particular and individual section of this code, then the specific penalty shall prevail.

Municipal Code

View the Unreasonable Noise Ordinance (Section 131.06) in Municipal Code in its entirety.