Noise Ordinances in Albuquerque, NM

If you live in Albuquerque or are thinking about moving there, noise ordinances are one of those things you probably won't think about until they affect you directly. Albuquerque has 8 specific rules on the books covering different aspects of noise ordinances, and some of them might surprise you.

Aircraft Noise

Albuquerque's Noise Control Ordinance does not regulate aircraft. Section 9-9-8 expressly exempts sounds or vibrations from any aircraft or from operation of any airport or approved helipad, and a 'total preemption' clause yields to federal, state, and municipal regulation of aviation noise.

Key details: Code Section: Albuquerque Code section 9-9-8 (Exceptions and Exclusions). City rule: Aircraft and airport sounds exempt from Article 9 limits. Federal overlay: FAA / ANCA (49 U.S.C. section 47521 et seq.). Also exempt: Mass transit, fireworks, parades/protests, refuse collection (daytime).

None under the city Noise Control Ordinance - aircraft and airport operations are exempt under section 9-9-8. Remedies, if any, run through FAA programs and the airport proprietor's noise-abatement procedures.

If you are coming from a city with tighter rules, you will find Albuquerque gives residents more flexibility on aircraft noise.

Decibel Limits

Albuquerque's Noise Control Ordinance sets numeric sound limits by receptor zone and time of day, from 50 dB(A) in residential areas at night to 75 dB(A) near industrial and public premises during the day.

Key details: Residential receptor limit: 55 dB day, 50 dB night. Commercial/entertainment receptor limit: 65 dB day, 60 dB night. Industrial/public receptor limit: 75 dB day, 70 dB night. Daytime hours: 7:00 a.m. to 10:00 p.m.. First-offense fine: $250 civil fine.

Each violation is a civil offense: $250 fine for a first offense, $500 for a second, and $1,000 for a third or subsequent offense within any 36-month period; each day is a separate offense.

Vehicle Noise

Albuquerque bans vehicle music or stereo sound plainly audible from 25 feet away, prohibits exhaust modifications that increase noise above factory levels, and requires every vehicle to run a properly working muffler.

Key details: Stereo threshold: Plainly audible at 25 feet. Exhaust rule: Cannot exceed factory noise level. Muffler: Must be attached and operating. Banned devices: Straight pipes, glass packs, steel packs. Max fine: $500 per offense.

Fine up to $500 and/or up to 90 days in jail per offense under the general penalty; each day of continued violation is a separate offense (§ 7-10-99; § 1-1-99).

Leaf Blower Rules

Albuquerque bans running a leaf blower, or other outdoor power equipment, within 500 feet of a home, school or hospital at night or from 7 to 9 a.m. on Sundays and holidays. Golf course power mowers are the only equipment exempted from the rule.

Key details: Governing law: Albuquerque Noise Control Ordinance. Section: ROA § 9-9-7(B). Restricted distance: Within 500 ft of sensitive property. Banned hours: 10 PM-7 AM; 7-9 AM Sun/holidays. Exemption: Golf course power mowers.

A leaf-blower violation is treated as a noise-ordinance civil violation under Section 9-9-11: $250 for a first offense within a 36-month period, $500 for a second, and $1,000 for a third or later offense, with each day of continued violation counted separately. The Mayor mails a Notice of Violation to the property's registered owner with a right to demand a hearing within ten days, and failure to pay or a losing appeal keeps the fine in force; the city may also seek an injunction against continued violations.

Quiet Hours

Albuquerque has no blanket curfew but enforces zoning-based decibel limits. Under Noise Control Ordinance section 9-9-4, residential receptor properties may not be exposed to sound exceeding 55 dB(A) during the daytime (7:00 a.m.-10:00 p.m.) or 50 dB(A) during the nighttime (10:00 p.m.-7:00 a.m.).

Key details: Code Section: Albuquerque Code section 9-9-4 (Noise Control Ordinance). Daytime: 7:00 a.m. - 10:00 p.m. (55 dB(A) residential). Nighttime: 10:00 p.m. - 7:00 a.m. (50 dB(A) residential). Basis: Limits set by zoning classification, not actual use. First-offense fine: $250 civil fine (section 9-9-11).

Each act is a public nuisance and a separate civil violation under section 9-9-11: a civil fine of $250 for the first offense, $500 for the second, and $1,000 for the third and subsequent offenses within any 36-consecutive-month period; each calendar day is a separate offense.

Construction Hours

Under Noise Control Ordinance section 9-9-4(D), no construction equipment may operate within 500 feet of noise-sensitive property on Sundays, holidays, or between 10:00 p.m. and 6:00 a.m. without a Temporary Construction Noise Permit. The city summarizes the allowed window as 6 a.m. to 10 p.m.

Key details: Code Section: Albuquerque Code section 9-9-4(D). Allowed hours: 6:00 a.m. - 10:00 p.m.. Permit required: Sundays, holidays, or 10:00 p.m.-6:00 a.m.. Proximity trigger: Within 500 ft of noise-sensitive property. Emergency work: Exempt (section 9-9-8).

Operating outside the allowed hours without a permit is a civil violation under section 9-9-11 ($250 first offense, $500 second, $1,000 third within any 36-month period; each calendar day a separate offense).

Barking Dogs

Noise Control Ordinance section 9-9-4(C) makes it unlawful to allow an animal in your possession to 'persistently or continuously' bark, howl, or make noise that disturbs the peace and quiet of city inhabitants. Public zoos and properly zoned animal shelters are exempt.

Key details: Code Section: Albuquerque Code section 9-9-4(C). Threshold: Noise in each of ten 1-minute intervals over a 10-minute period. Standard: Persistent/continuous barking disturbing peace and quiet. Exempt: Public zoos and properly zoned animal shelters. Related rule: Section 9-2-4-7 'animal noise' (preserved by section 9-9-12).

A barking-animal violation under section 9-9-4(C) is a civil violation enforced under section 9-9-11 ($250 first offense, $500 second, $1,000 third within 36 months). Animal Welfare may also act under the separate section 9-2-4-7 animal-noise rule.

Amplified Music & Outdoor Sound

Amplified music must stay within the section 9-9-4 decibel limits. The Mayor may grant a free Temporary Permit for short-duration amplified sound under section 9-9-5; unless the permit states otherwise, permitted noise must stop by 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday-Saturday.

Key details: Code Section: Albuquerque Code section 9-9-5 (Temporary Permits). Permit cost: Free of charge. Cutoff (Sun-Thu): 10:00 p.m.. Cutoff (Fri-Sat): 12:00 a.m.. Recurring events: Not eligible; must meet section 9-9-4 limits.

Exceeding the limits without a valid permit is a civil violation under section 9-9-11 ($250 first offense, $500 second, $1,000 third within 36 months). A permit is voided and must be surrendered on demand if any permit requirement is violated (section 9-9-5(F)).

The Bottom Line

Albuquerque's noise ordinances rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Albuquerque is broadly strict or permissive.

This guide is based on Albuquerque's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.