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No person shall dispose of any portion of a smoking tobacco product except in public receptacles or in appropriate private receptacles. Any smoking tobacco product previously lit shall be extinguished prior to disposal.
(Ord. 41-2006; Am. Ord. 2023-016)
(A) Any person who violates any of the provisions of this article, excluding § 9-8-32, shall be deemed guilty of a petty misdemeanor and, upon conviction thereof, shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances to include a minimum fine of $250. Any person deemed guilty of a subsequent violation shall be subject to a minimum fine of $350 and then $500 for each violation thereafter. Community service may be imposed in lieu of or in addition to any such fine. Every violation shall be a separate misdemeanor.
(B) Any person who violates the provisions of § 9-8-32 regarding smoking tobacco product litter shall be subject to the penalty provisions set forth in § 1-1-99 of this code of ordinances to include a minimum fine of $250. Any person deemed guilty of a subsequent violation of § 9-8-32 shall be subject to a minimum fine of $500 for each violation thereafter.
(C) The Department may impose a civil fine for violations of this article that have not been adequately cured within a reasonable time after an initial Notice to Cut and Remove, pursuant to § 9-8-25. The amount of the fines are: $200 for a first violation of this article; $300 for a second violation of this article; and $500 for a third or subsequent violation of this article. Notice of the civil fine shall be appealable under the administrative appeal procedures of this article. Failure to pay the fine, appeal the fine, or prevail at an administrative hearing challenging the fine shall allow the Department to place a lien upon the subject property or any other asset owned by the subject property's owner. The Department may also choose to collect on the fine through any other method allowed by law.
(D) Notice of civil fine.
(1) General. When the Department imposes a civil fine for violations of this article, the Department shall issue a notice of civil fine directed to the owner of the subject property, their agent and/or responsible party, and, where appropriate, to the occupant of the subject property as shown on the records of the Bernalillo County Assessor and the Department's records. The notice of civil fine shall contain:
(a) The street address and a legal description sufficient for identification of the premises upon which the building is located;
(b) A statement that the Department has found the subject property to be in violation of this article;
(c) A concise description of the conditions found to render the subject property dangerous under the provisions of this code;
(d) The amount of the fine assessed;
(e) A statement that the fine must be paid in full within 30 days of the date of the notice;
(f) Instructions for how the fine can be paid; and
(g) A statement advising that any person having any title or legal interest in the subject property may appeal from the notice of civil fine to the Office of Administrative Hearings, provided the appeal is made in writing as provided in this code, and filed with the Office of the Administrative Hearings within seven days of service of notice and order, and that failure to timely appeal the notice of civil fine shall constitute a waiver of the right to appeal.
(2) Method of service.
(a) Service of the notice of civil fine shall be made upon all persons entitled to notice either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person and owner, responsible party or identified agent at their address as shown on the records of the Bernalillo County Assessor or as known to the Department. If no address of any such person so appears or is known to the Department, then a copy of the notice of civil fine shall be so mailed, addressed to such person, at the address of the building involved in the proceedings and posted thereon.
(b) The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(3) Proof of service. Proof of service of the notice of clvil fine shall be certified by a written affidavit executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Department.
('74 Code, § 6-15-31) (Ord. 89- 1967; Am. Ord. 32-1976; Am. Ord. 4-1992; Am. Ord. 52-2003; Am. Ord. 25-2005; Am. Ord. 41-2006; Am. Ord. 2018-032; Am. Ord. 2023-016)
Section
9-9-1 Short title and declaration of intent
9-9-2 Definitions
9-9-3 Decibel measurement criteria
9-9-4 General noise
9-9-5 Temporary permits for amplified sound or construction noise
9-9-6 Variances
9-9-7 Machinery, equipment fans, and air conditioners
9-9-8 Exceptions and exclusions
9-9-9 Administration
9-9-10 Noise mitigation plans
9-9-11 Making violations of the noise ordinance civil violations; providing a hearing; additional remedies; injunctions
9-9-12 Article not to effect provisions of other city ordinances
(A) This article may be cited as the "Noise Control Ordinance."
(B) 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 the express intent of the City Council to control the level of excessive sound as 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; Am. Ord. 2017-002)
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED SOUND-LEVEL METER. An instrument sensitive to pressure fluctuations and meeting the American National Standards Institute (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. 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.
C-WEIGHTED SOUND PRESSURE LEVEL. The sound pressure level as measured on an approved 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.
DAYTIME. From 7:00 a.m. (0700 hours) to 10:00 p.m. (2200 hours).
DOWNTOWN ARTS AND ENTERTAINMENT FOCUS AREA. The area designated as the Downtown Arts and Entertainment Focus Area in the Integrated Development Ordinance.
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.
HOLIDAYS. Those days established by the federal government as official holidays.
MAYOR. The Mayor or his designated representative.
MECHANICAL VENTILATION. A forced-air system with supply fan and ductwork; the air which is supplied may or may not be heated or cooled. This may include, but is not limited to: air conditioning, furnace, or swamp cooler.
NIGHTTIME. From 10:00 p.m. (2200 hours) to 7:00 a.m. (0700 hours).
NOISE. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, including excessive sound as defined and regulated by this article.
NOISE-SENSITIVE PROPERTY. Property containing an occupied: dwelling unit or units, school, hospital, religious institution, child-care facility, or adult-care facility or other facility similar in nature.
PERSISTENTLY OR CONTINUOUSLY. A 10-minute period during which any sound is discerned and that sound exceeds the applicable sound limits in each of the ten one-minute intervals of such period. In the case of animal noise, it means a 10-minute period during which animal noise is discerned in each of the ten one-minute intervals therein.
PERSON. A person, firm, association, copartnership, joint venture, corporation, or any other entity, public or private in nature.
PUBLIC PREMISES. All real property, including appurtenances thereon, owned or controlled by any governmental entity and includes, without limitation, rights-of-way, streets, highways, sidewalks, alleys, parks, and waterways.
RECEPTOR PREMISES. The premises (residential, commercial, downtown arts and entertainment focus area, industrial/manufacturing, or public) as listed in Table 1 receiving noise emitted from the source premises after crossing one or more property lines.
REFERENCE PRESSURE. The reference pressure for all sound level measurements shall be 20 micropascals (20µPa). This shall be further defined as 0 dB(A).
RESIDENTIAL, OFFICE/COMMERCIAL, INDUSTRIAL/MANUFACTURING. These terms shall be as used in the Integrated Development Ordinance (Chapter 14, Article 16), and when used to describe a receptor or source premises, the terms refer to the particular zoning classification of the receptor or source premises and not the actual use of such premises.
SOUND. Sound is anything perceptible by human beings through the sense of hearing. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency.
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.
SOUND LEVEL. A logarithmic measure called the decibel. It may make use of various frequency weighting networks, such as A or C-weighted, as specified by ANSI. When sound level is used without further description, A-weighting of sound level may be assumed.
SOURCE PREMISES. The premises (residential, commercial, downtown arts and entertainment focus area, industrial/manufacturing, or public) as listed in Table 1 that is emitting noise that is crossing one or more property lines and impacting the receptor premises.
STRUCTURE. For the purposes of the Noise Control Ordinance, structure shall mean the outer shell of a building, typically consisting of exterior walls covered by a roof.
('74 Code, § 6-22-2) (Ord. 21- 1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 5-2002; Am. Ord. 2017-002; Am. Ord. 2017-025)
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 an approved sound-level meter. Reference sound pressure will be measured as LAeq for A-Weighted and LCeq for C-Weighted.
(A) Except as provided in division (C) below, Residential, Commercial, Downtown Arts and Entertainment Focus Area, and Industrial/Manufacturing properties are to be measured from inside the Structure located on the receptor premises. Any indoor noise measurements for compliance purposes should be taken in a location which could be reasonably assumed to affect one or more persons. For residential receptor premises, inside noise level measurements are performed in sleeping or living areas with windows opened to approximately 25% of their maximum in residences without mechanical ventilation and with windows closed for residences with mechanical ventilation.
(B) Public premises are to be measured at a reasonable distance from walls or similar large reflecting surfaces and with the approved sound-level meter protected from the effects of wind and other extraneous sounds by the use of screens when appropriate.
(C) In the case where the receptor premises is located in a residential zoning district and the source premises is located in a commercial or industrial/ manufacturing zoning district, measurements shall be measured outside within 25 feet from any side of the residential structure which is nearest to the source premises.
('74 Code, § 6-22-3) (Ord. 21- 1975; Am. Ord. 9-2001; Am. Ord. 2017-002)
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