(A) GENERAL. With the exception of “health and safety menace,” the above listed offenses shall be defined and determined in accordance with the definitions and meanings given them under the Statutes of the State of New Mexico, if they are therein defined, and if not, they shall be defined and determined in accordance with the common law.
(B) HEALTH OR SAFETY MENACE is defined as anything injurious to health, safety, morals, or welfare and shall include, but shall not be limited to, the following:
(1) The accumulation of filth, sewage, garbage, refuse, trash, standing or stagnant water, litter rubbish, ruin, dead weeds, brush, the cotton-like substance borne by female cottonwood trees, or any waste matter whatsoever.
(2) Any plant growth which obstructs traffic visibility on highways and streets.
(3) Excessive noise is such noise as is measured as greater than fifty (50) decibels at the property line of the subject property in the daytime or greater than forty (40) decibels from the hours of 10:00 p.m. until 6:00 a.m. These provisions shall not apply to any noise from livestock or agricultural activities, but shall apply to noise from domesticated animals or household pets.
(4) Individual variances from the limitations prescribed in this Article may be granted by the Village of Los Ranchos by use of a temporary permit which allows noncompliance with the limitations prescribed in this Section for the purposes of amplified sound activities of short duration. The Mayor may designate one or more employees of the Village of Los Ranchos to issue such temporary permits. The issuance of such permits will be only for a time period ending at 10:00 p.m. Permits shall be granted upon application, at no cost to the applicant, provided an initial investigation assures that the permit will not result in any condition injurious to health or safety. The following factors shall be considered in the granting of such permit in order to determine whether granting the permit will result in a condition injurious to health and safety:
(a) Distance of proposed activities from other residences;
(b) Number of amplification devices to be used in the proposed activities;
(c) Anticipated direction of the amplification devices;
(d) Anticipated length of the proposed activities;
(e) Whether the activity will be held within or without a structure;
(f) Any other factors deemed relevant to the permit by the Village of Los Ranchos.
Any permit issued shall specify a place, duration and any restrictions appropriate to the proposed site of the activities.
(5) For the purposes of this Article, livestock means cattle, llama, buffalo, horses, mules, donkeys, burros, sheep, goats, rabbits, poultry, ostriches, or emu. Other domestic animals useful to man not specifically included herein may be classified as livestock upon application to the Village with sufficient evidence to allow the Village to determine that said animal is being used for agricultural purposes.
(6) Agricultural use means all methods of production and management of livestock, crops, vegetation and soil. This includes, but is not limited to raising, harvesting and marketing. It also includes, but is not limited to, the activities of feeding, housing and maintaining livestock. It also includes maintenance of any water distribution or agricultural system designed to provide water for agricultural activities.
(7) No person shall allow a dog in his/her possession or control to persistently or continuously bark or howl or otherwise to disturb the peace and quiet of the inhabitants of the Village.
(8) Any noise exceeding the decibel level set forth herein at the property line of the subject property shall be deemed to be a prima facie evidence of a violation of the provisions of this Article. The provisions of this Subsection shall not apply to livestock.
(9) Violations of this Article shall be prosecuted in the Village Municipal Court or any other court of competent jurisdiction. On conviction of a violation of this Article, the Village Municipal Court may impose fines or imprisonment up to the maximum allowed by New Mexico law, but no greater than imprisonment of one hundred seventy-nine (179) days or a fine of five hundred dollars ($500.00).