Las Cruces, NM Noise Ordinances: Construction Hours (2026)

Sec. 19-131 of the Code of Ordinances puts a citywide clock on construction noise: construction, repair or demolition work to commercial or residential buildings, roadways, utility facilities or infrastructure may not occur outside 7:00 a.m. to 6:00 p.m. if that work disturbs the comfort or repose of others. The section reaches every type of construction activity named in it, not just residential remodeling, and it does not require a neighbor's complaint before it applies; work that in fact disturbs the comfort or repose of others outside the permitted window is a violation on its face. The only escape valve the Code recognizes is a finding of "urgent public necessity," and the section reserves that determination to the city council itself rather than to city staff, a contractor or a property owner, so no administrative permit or waiver process exists for after-hours construction noise.

Because Sec. 19-131 sits within Division 2 (Noise) of Chapter 19, it is enforced under that division's general definitions and penalty structure. Sec. 19-121 defines the underlying nuisance standard the division protects against: any loud or unusual noise that annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, with noise audible 30 feet away treated as prima facie evidence of a violation. Sec. 19-133 sets the penalty for every section in the division, including Sec. 19-131: a petty misdemeanor punished by a fine of not less than $100.00 nor more than $500.00 and up to 90 days in jail, with the $100.00 minimum fine barred from suspension, deferral or being taken under advisement, though the court retains discretion to suspend any remaining fine or jail time. Sec. 19-135 additionally allows the city to seek a restraining order or injunction against a contractor or property owner who continues out-of-hours work after being cited. The section cross-references Chapter 30 (buildings and building regulations), meaning a building permit does not itself authorize work outside the 7:00 a.m. to 6:00 p.m. window.