§ 9.40.020 — Applicability

9.40.020 - Applicability.

A. This chapter shall not apply to the following: 1. The emission of sound for the purpose of alerting persons to an emergency; 2. Sound produced by emergency vehicles or utility vehicles and utility crews undertaking emergency work; or 3. Sound produced by a vehicle motor with a properly installed muffler while the vehicle is moving on a public right-of-way, public waterway, airport runway, or railway; or 4. Sound produced by any governmental body in the performance of a governmental function, nor to sound from activities from a government-sponsored event on governmentally owned or leased property or property under the control of a public utility; 5. Sound generated at a scheduled stadium event or an event at a venue with more than two thousand five hundred seating capacity; 6. Sound generated by any activity in which the regulation thereof has been preempted by state or federal law, including, but not limited to, sound produced by aircraft in flight and including all activities taking place at the El Paso International Airport; or 7. Sound generated by the normal maintenance of property, such as lawn mowing, provided the activities take place from 7:00 a.m. to 10:00 p.m.; or 8. Sound produced by the operation of any air-conditioning unit, heat pump, HVAC system, or swimming pool machinery which does not produce a sound exceeding seventy dBA on residential property or [seventy-five] dBA on nonresidential property, when measured at the nearest exterior wall of a residential or commercial building under separate ownership, or occupancy; or 9. Solid waste collection vehicles collecting waste at residential or nonresidential properties; or 10. Sound produced by bells or chimes from a religious institution, provided the sound is during 7:00 a.m. to 10:00 p.m., or at some other time in accordance with the tradition of a church specifically on a religious holiday; or 11. Sound produced by the operation of agricultural equipment, when such equipment is being used for the purpose of agricultural endeavors; or 12. Activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events conducted during the hours of 7:00 a.m. to 12:00 a.m.; or 13. Noncommercial public speaking and public assembly activities conducted during the hours of 7:00 a.m. to 10:00 p.m. on any public space or public right-of-way; 14. Establishments that accept delivery of supplies or other items, provided that if the delivery occurs between 10:00 p.m. and 5:00 a.m., then: a. The delivery lasts for one hour or less; b. The delivery is only for food, nonalcoholic beverages, food service supplies, or ice; and c. The delivery sound level when measured from the residential property closest in proximity to the establishment does not exceed sixty-five dB(A), excluding traffic and other background noise that can be reasonably excluded. B. Unless otherwise regulated by a current, valid permit issued by the permit official or specifically mentioned in Section 9.40.020A. specific noises that can constitute a noise nuisance include, but are not limited to the following: 1. Amplified sound at a park. Emitting amplified sound at a park, or on a public right-of-way adjacent to a park, is prohibited, except when authorized in accordance with a duly-issued governmental permit or posted park rule. 2. Animals. Owning, keeping, possessing, or harboring any animal or animals which, by frequent or habitual noisemaking, unreasonably disturbs or interferes with the sleep, peace, comfort, or repose of a person of reasonable sensibilities. The provisions of this subsection shall apply to all private facilities, including but not limited to any private or commercial animal shelters or kennels, which hold or treat animals. 3. Construction work. Operating or permitting to be operated any equipment used in commercial construction, repair, alteration, or demolition work on buildings, structures, streets, alleys, or appurtenances thereto, between the hours of 10:00 p.m. and 6:00 a.m. the following day, or in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, and repose of a person of reasonable sensibilities. 4. Emergency signaling devices. The intentional sounding or permitting the sounding outdoors of any fire, burglar or private entity emergency management alarm, siren, whistle, or similar stationary emergency signaling device for more than five minutes during any consecutive sixty-minute period in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, or repose of a person of reasonable sensibilities, except for those exemptions outlined in this chapter. Nothing herein shall be construed to authorize the operation of any emergency signaling device in violation of Chapter 5.13 (Security Alarm Systems) of this City Code. 5. Exterior loudspeakers. Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a fixed or movable position in or upon any street, alley, sidewalk, park, place, or public or private property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures, or transmitting music to any persons or assemblages of persons in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, or repose of a person of reasonable sensibilities. This section does not apply to properties defined as restaurants. 6. Horns and signal devices. The continued or frequent sounding of any horn or other signal device on any automobile or vehicle, motorcycle, bus or other vehicle, except as a danger signal. 7. Mechanical devices. Operating or permitting to be operated, any mechanical, electrical, or electronic device outdoors on residential property in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, or repose of a person of reasonable sensibilities. 8. Off-road motor vehicles. No person shall operate or permit to be operated any motorized vehicle off a public right-of-way in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, or repose of a person of reasonable sensibilities. 9. Open air discharge. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, automobile, motorcycle, or other motor vehicle or boat, except through a properly installed muffler or other device which prevents loud or explosive noises therefrom. 10. Other prohibited sound levels. Any emanations of the human voice or sound from any other source, including but not limited to fireworks, motor vehicle horns or other noise nuisance-creating object, device or equipment, whether amplified or not, which unreasonably disturbs or interferes with the sleep, peace, comfort, or repose of a person of reasonable sensibilities. 11. Power equipment. Operating or permitting to be operated any power equipment on residential property outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day, or in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, or repose of a person of reasonable sensibilities. 12. Radios, television sets, musical instruments, and similar devices. Operating or permitting to be operated in a fixed or movable position or mounted upon or within any vehicle in or upon any street, alley, sidewalk, park, place, or public or private property any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound or vibrations in such a manner as to unreasonably disturb or interfere with the sleep, peace, comfort, or repose of a person of reasonable sensibilities.

(Ord. No. 18908, § 2, 2-26-2019; Ord. No. 019696, § 2, 12-17-2024; Ord. No. 019782, § 2, 8-19-2025)