(A) 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 sound level limits specified in § 9-9-4.
(B) 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:
(1) during the nighttime; or
(2) between the hours of 7:00 a.m. and 9:00 a.m. on a Sunday or holiday. Power mowers at golf courses are exempt from the requirements of this subsection.
(C) 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 § 9-9-4. Mechanical equipment legally installed or for which official final approval for installation was received before the effective date of this article is specifically exempt from this location requirement.
(D) 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 article are specifically exempt from this location requirement.
(E) 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 sound level limits corresponding to the zoning district designation of the receiving property at the time of the equipment installation as set forth in § 9-9-4 shall govern. If a subsequent zoning district designation is less restrictive, the limits for that zoning district shall apply.
('74 Code, § 6-22-9) (Ord. 21- 1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 2017-002)