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El Paso, TX Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Exempting section
§ 9.40.020(A)(6)
Scope
Aircraft in flight + all airport activities
Basis
State/federal preemption, per ordinance text
City enforcement
None applies to this exemption

Summary

El Paso's noise ordinance does not reach aircraft. City Code § 9.40.020(A)(6) exempts any activity 'preempted by state or federal law,' expressly naming sound produced by aircraft in flight and all activities at El Paso International Airport, so flight and airport-operations noise sits outside city nuisance enforcement.

A. This chapter shall not apply to the following:... 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

Source: El Paso City CodeView official code

Full Breakdown

020(A). ' That single clause removes both en-route flight noise and ground operations at the airport from the reach of the ordinance, reflecting that the Federal Aviation Administration occupies the field of aircraft noise and airspace regulation, leaving the city without local authority to impose its own decibel or curfew standard on flight activity. 5), showing the exemption list is deliberately narrow and activity-specific rather than a blanket pass for anything airport-adjacent. 020(B), such as mechanical devices or power equipment, if it disturbs a neighboring property.

Violations & Fines

There is no local violation or citation for aircraft-in-flight or airport-operations sound; § 9.40.020(A)(6) removes it from the ordinance entirely, so code enforcement and police cannot act on it. Complaints about flight paths, engine run-ups, or airport ground operations must go to the FAA or the airport operator rather than the city's noise-nuisance process.

Frequently Asked Questions

Can I file a city noise complaint against El Paso International Airport?
No, not under the noise ordinance. Section 9.40.020(A)(6) exempts 'any activity in which the regulation thereof has been preempted by state or federal law,' naming aircraft in flight and 'all activities taking place at the El Paso International Airport' specifically.
Does the exemption cover every sound at the airport?
It covers activities tied to the preempted aviation function. A ground tenant's separate stationary equipment unrelated to flight operations could still be reached by other categories in § 9.40.020(B), like mechanical devices or power equipment.
Why doesn't El Paso set its own aircraft noise limit?
Because the FAA occupies the field of aircraft noise and flight operations; § 9.40.020(A)(6) simply defers to that federal preemption instead of attempting a local decibel standard the city has no authority to enforce.
Who handles airport noise complaints if not the city?
The FAA and the airport operator, which set any flight-path or curfew noise-abatement procedures directly; El Paso's municipal noise ordinance expressly does not apply per § 9.40.020(A)(6).

Sources & Official References

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