Otero County, NM Noise Ordinances: Barking Dogs (2026)
Barking dog rules in Otero County, NM, also called nuisance dog, dog noise, or excessive barking ordinances, define when a barking dog becomes a code violation and how complaints are handled.
Key Facts
- Governing section
- § 170-2
- Adopted
- 1995, Ord. No. 95-02; amended 1996
- Max fine
- $300
- Max jail
- 90 days
- Enforcer
- Sheriff's Office
Summary
It is unlawful in unincorporated Otero County for a dog owner to let a dog bark excessively enough to disturb the peace, or to keep any animal that habitually barks, howls or otherwise disturbs neighbors, under Chapter 170's separate barking-dog section.
§ 170-2. Barking dogs. It is unlawful for any owner of a dog to allow his dog to bark excessively and thereby disturb the peace and tranquility of others. It is unlawful for any owner or owners of any animal to keep it or maintain it so that it habitually or continuously barks, howls, or otherwise disturbs the peace and quiet of the inhabitants of this County.
Full Breakdown
Section 170-2, titled "Barking dogs," makes it unlawful for any owner to allow his dog to bark excessively and thereby disturb the peace and tranquility of others, and separately bars any owner from keeping or maintaining an animal so that it habitually or continuously barks, howls, or otherwise disturbs the peace and quiet of county inhabitants. This section sits inside Chapter 170, Noise, Article I, General Restrictions, adopted by Ord. No. 95-02 in 1995 and amended in its entirety by Ord. No. 96-10 in 1996, and it is enforced by the Sheriff's Office under § 170-3, the same enforcement clause that covers the rest of the article.
Unlike the county's separate Animal Control chapter (Ch. 105), this provision does not require a companion-animal license or turn on the animal's licensing status; it applies to any dog or other animal whose noise disturbs neighbors, regardless of ownership records. The section does not define a specific duration or decibel threshold for "excessive" barking, leaving the determination to the responding deputy based on whether the barking disturbs the peace and tranquility of others in the area. Because § 170-2 falls within the noise chapter rather than the animal-control chapter, a complaint can be pursued as a noise violation even when animal control declines to act on a nuisance-animal basis.
Violations & Fines
A violation of § 170-2 is a petty misdemeanor under § 170-4, carrying a fine of up to $300, imprisonment of up to 90 days, or both. The Sheriff's Office is the enforcing agent under § 170-3, and each day the disturbance continues can be treated as a separate offense.
Frequently Asked Questions
Is there a specific ordinance for barking dogs in unincorporated Otero County?
How many minutes of barking counts as a violation?
What is the penalty for a barking dog violation?
Sources & Official References
Other rules in Otero County
Compare Otero County to another location·View the New Mexico noise ordinances overview
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