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El Paso, TX Noise from Specific Sources: Low-Frequency Bass Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Low-frequency limit
75 dB(C), 10 p.m.-7 a.m.
Companion A-weighted cap
70 dB(A), same hours
Measurement point
Property line of the source
Max criminal fine
$500 per day, Class C misdemeanor
Max civil penalty
$1,000 per day (Tex. Loc. Gov't Code Ch. 54)
Enforcing agencies
Code Enforcement, Police, Planning & Inspections

Summary

El Paso regulates bass and other low-frequency noise separately from ordinary loudness. City Code § 9.40.030(B) makes it unlawful for sound from a non-restaurant property to exceed 75 dB(C), the C-weighted scale that captures bass frequencies A-weighting discounts, measured at the property line between 10:00 p.m. and 7:00 a.m.

For properties not defined as restaurants, it shall be unlawful for any person to conduct, permit, allow, or produce a sound that is discernable beyond the property lines of the property on which the sound is being produced that, when measured with a sound level meter using the standardized weight frequency weighting as specified by the American National Standards Institute, exceeds seventy-five dB(C) between the hours of 10:00 p.m. and 7:00 a.m. daily for the property on which the sound is produced.

Full Breakdown

40's noise ordinance uses two separate decibel scales rather than one. 010 defines "dB(C)" as "a unit of measurement of sound in decibels, as measured on a sound level meter using the C-weighted system", the weighting engineers use because it does not roll off low frequencies the way A-weighting does, so it catches subwoofer thump, idling diesel engines, and HVAC compressor rumble that pass an A-weighted test. 030(F) requires the reading to be taken as near as possible to that property's line. cutoffs, but any other property, including a residence, bar, or commercial lot, is bound by the flat 75 dB(C) nighttime ceiling. 030(B).

Violations & Fines

A first violation of § 9.40.030(B) is a Class C misdemeanor under § 9.40.070(A), punishable by a fine of up to $500, with each day of continued violation charged as a separate offense. The city may also pursue a civil action under Texas Local Government Code Chapter 54 for a civil penalty of up to $1,000 per day. Enforcement runs through the Planning and Inspections director, the Code Enforcement director, or the police chief and their designees under § 9.40.080; § 9.40.060 fixes who is legally responsible: the property owner, business owner, operator, or manager in control at the time of the offense.

Frequently Asked Questions

Why does El Paso have a separate bass/low-frequency noise limit?
Because standard A-weighted decibel meters discount low frequencies the way the human ear does at low volumes, a thumping subwoofer or idling engine can pass a 70 dB(A) test while still being clearly audible next door. Section 9.40.030(B) closes that gap with an independent 75 dB(C) C-weighted cap covering the same 10:00 p.m. to 7:00 a.m. window.
Does the 75 dB(C) limit apply to my house or only businesses?
It applies to any property "not defined as restaurants," which includes residences, bars, retail lots, and other commercial sites. Only properties meeting the code's specific restaurant definition fall under the separate carve-out in § 9.40.030(C) with its 10:00/11:00 p.m. cutoffs instead.
Where is the sound level measured?
Under § 9.40.030(D) and (F), both the dB(A) and dB(C) readings are taken at, or as near as possible to, the property line of the property producing the sound, not at the complaining neighbor's property line.
What happens if I'm cited for exceeding 75 dB(C)?
A violation is a Class C misdemeanor carrying up to a $500 fine under § 9.40.070(A), with every additional day counted as a new offense. The city can also seek a civil penalty of up to $1,000 per day through a Chapter 54 Texas Local Government Code action for continued noncompliance.

Sources & Official References

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