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Albuquerque noise ordinance: quiet hours and who to call

When are quiet hours in Albuquerque?

Quiet hours
Nighttime is 10 p.m. to 7 a.m., when the residential limit drops from 55 to 50 dB(A), measured inside the home receiving the noise. Construction near homes: not on Sundays, holidays or from 10 p.m. to 6 a.m. without a permit.
Right now

Checking the clock for Albuquerque.

Who to call
Call 311 (505-768-2000) to file a noise complaint with the Environmental Health Department, which enforces the ordinance. Police non-emergency: 505-242-COPS (2677). Emergencies: 911.
The law
Albuquerque Code of Ordinances Chapter 9, Article 9 (Noise Control Ordinance). Read the code

We checked this against the city's code and website on .

Albuquerque's noise rules are Article 9 of Chapter 9 of the city code, which may be cited as the "Noise Control Ordinance" (§ 9-9-1). The City's Environmental Health Department enforces it. Its limits are unusual in two ways. They depend on the zoning of each property, not how it's used. And for homes, they are measured inside the home that hears the noise.

Decibel limits

Section 9-9-4(A) bans sound that "persistently or continuously" goes over the limits in Table 1. For noise from a residential property reaching another residential property, the limits are:

"Persistently or continuously" has a specific meaning. The sound has to go over the limit in each of the ten one-minute intervals of a 10-minute period (§ 9-9-2). A short burst doesn't meet that test.

Section 9-9-4(B) adds C-weighted limits, which pick up more low sound such as bass. Between homes, they are 60 dB(C) by day and 55 dB(C) at night. The code notes that the C scale "is more sensitive to low frequencies" than the A scale (§ 9-9-2).

Where the measurement is taken

For a home, the reading is taken inside, in a sleeping or living area (§ 9-9-3(A)). In a home without mechanical ventilation, the windows are opened to about 25% of their maximum. In a home with air conditioning, a furnace or a swamp cooler, the windows are closed. Sometimes a home in a residential zone gets noise from a commercial or industrial zone. Then the reading is taken outside, within 25 feet of the side of the house nearest the source (§ 9-9-3(C)).

Zoning decides which limits apply. The terms residential, commercial and industrial "refer to the particular zoning classification" of each property "and not the actual use" (§ 9-9-2). The City's noise page gives an example: "a home built in a commercial-zoned area would be held to commercial sound limits."

Barking dogs

Section 9-9-4(C) says no one may let an animal "persistently or continuously bark, howl or make noise common to its species," or otherwise disturb the peace of city residents. For animal noise, "persistently or continuously" means noise heard in each one-minute interval of a 10-minute period (§ 9-9-2). Zoos and approved animal shelters are exempt. The City's noise FAQ says to file a complaint about barking dogs through the form on its website or by calling 311.

Construction

Construction, repair, digging and demolition equipment has limits within 500 feet of a home, school, hospital or similar place. It can't run on Sundays or holidays, or from 10 p.m. to 6 a.m. The exception is work with a Temporary Construction Noise Permit (§ 9-9-4(D)(2)). Equipment also can't have weaker sound controls than it came with, and work has to use noise mitigation measures (§ 9-9-4(D)(1)). Emergency work and public works authorized by a government agency are exempt (§ 9-9-8).

The City's FAQ says outdoor lawnmowers and other power equipment are allowed from 7 a.m. to 10 p.m. Monday to Saturday and 9 a.m. to 10 p.m. on Sundays and holidays.

What the ordinance doesn't cover

Section 9-9-8 lists sounds the limits don't apply to. Among them:

Article 9 also says it does not replace other parts of the code (§ 9-9-12). That includes the separate animal noise rule in § 9-2-4-7. It also includes the "unreasonable noise" section of the criminal code, § 12-2-4. We have not reviewed those two sections for this page.

How to complain

The City's FAQ suggests talking to the neighbor first and, in an apartment, contacting building management. If that doesn't work, it suggests a free mediation session through the City's Office of Diversity and Human Rights. It also says you can call 311 to file a noise complaint. The 311 line is also reachable at 505-768-2000.

The FAQ also says anonymous complaints are hard to act on. The ordinance requires noise to be measured on the affected property, so give your contact details. For car alarms, loud car stereos, mufflers and motorcycles, the FAQ says to call the police non-emergency number, 505-242-COPS (2677).

Penalties

Each violation is a public nuisance and a separate civil violation. The fines fall on the owner of the property the noise comes from, counted over any 36-month period (§ 9-9-11(A)):

Each day a violation happens is a separate offense. The owner gets a Notice of Violation by mail and has ten days from the mailing date to ask for a hearing in writing (§ 9-9-11(B)). The City can also go to court for a restraining order or injunction against ongoing violations (§ 9-9-11(E)).

Keeping a record

Albuquerque's test turns on noise that lasts through a full 10-minute stretch, measured inside your home. A log of when the noise starts and how long it goes on helps Environmental Health decide when to come out. The Noisy Neighbor iPhone app logs each incident with the time, length and an estimated decibel level. It exports a PDF report. Phone readings are estimates; the ordinance calls for an approved Type 1 or Type 2 sound level meter (§ 9-9-2).

Albuquerque noise FAQ

What are the quiet hours in Albuquerque?

Nighttime is 10 p.m. to 7 a.m., when the residential limit drops from 55 to 50 dB(A), measured inside the home receiving the noise. Construction near homes: not on Sundays, holidays or from 10 p.m. to 6 a.m. without a permit.

Who do I call about a noisy neighbor in Albuquerque?

Call 311 (505-768-2000) to file a noise complaint with the Environmental Health Department, which enforces the ordinance. Police non-emergency: 505-242-COPS (2677). Emergencies: 911.

Where are Albuquerque's noise rules?

Albuquerque Code of Ordinances Chapter 9, Article 9 (Noise Control Ordinance). There is a link to the official code at the top and bottom of this page.

What is the fine for a noise violation in Albuquerque?

The property owner where the noise comes from can be fined $250 for a first offense, $500 for a second and $1,000 for a third or later offense within 36 months. Each day is a separate offense.

Sources

Last checked . Laws change, so check the official code before you act. This is not legal advice.