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Otero County, NM Noise Ordinances: Barking Dogs (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Otero County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 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?
Yes. Section 170-2 of the county's Noise chapter makes it unlawful for an owner to let a dog bark excessively and disturb the peace, or to keep any animal that habitually barks, howls or otherwise disturbs the peace and quiet of inhabitants.
How many minutes of barking counts as a violation?
The code sets no minute or decibel threshold. Section 170-2 turns on whether the barking disturbs the peace and tranquility of others, which the Sheriff's Office evaluates when responding to a complaint.
What is the penalty for a barking dog violation?
Under § 170-4 a violation of the noise chapter, including § 170-2, is a petty misdemeanor punishable by a fine of up to $300, imprisonment of up to 90 days, or both.

Sources & Official References

Other rules in Otero County

All Otero County rules

Compare Otero County to another location·View the New Mexico noise ordinances overview

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