Rio Rancho moves a step closer to updating noise ordinance

After hours of discussion and deliberation and work that goes back more than eight years, the Rio Rancho City Council approved the first reading of an updated noise ordinance by a vote of 6-0 at the April 11 governing body meeting.

Rio Rancho currently has a very broad and vague noise ordinance that doesn’t set specific limits as to what decibel levels are too loud.

The city has proposed an updated ordinance that would use a decibel measuring system, setting acceptable levels for noise both day and night. The ordinance would also set different sound rules depending on the area, such as residential versus commercial and mixed-use areas.

The Rio Rancho Governing Body held a work session April 1 to discuss changes to the proposed updated ordinance that was read at the March 14 meeting. At that meeting, city councilors postponed a vote to update the city’s current noise ordinance until April 11.

City Manager Matt Geisel led off the discussion at the April 11 meeting with a summary of why an update of the current noise ordinance is needed and what the city aims to accomplish with it.

“The proposed ordinance is based on review and research of communities across the state as well as the Southwest,” Geisel said. “We are looking to strike a balance between the needs and wants of both businesses and the residents, both long-standing legacy residents of Rio Rancho who came here back in the '80s or the '90s as well as the growing needs of our community while also seeking an effective use of city resources.”

From Jan. 1, 2022, through Dec. 31, 2023, the Rio Rancho Police Department received 1,323 calls for service related to noise complaints, and just seven citations were issued for municipal court.

Rio Rancho Deputy City Manager Peter Wells said the current noise ordinance does not define what exactly a noise violation is. The City’s Unreasonable Noise Ordinance has elements that are subjective and undefined. Currently, he said, any noise that annoys or disturbs someone could constitute a violation of the law, with a penalty enforced.

District 3 Councilor Bob Tyler, a retired law enforcement officer with more than 25 years of experience, asked Rio Rancho Police Chief Stewart Steele to take the podium and explain how the updated ordinance would be enforced.

Stewart Steele

“I appreciate the work that the city has done on this. You know, as we have discussed, we often get noise complaints, and there's very little we can do about it at the current status right now. Having something written in stone that gives us the teeth to actually enforce it and the guidance for our officers means the world to me and that makes our job just a little bit easier,” Steele said. “But just from an enforcement standpoint, it really helps us. Do I believe we'll be out there on patrol looking for loud noise? No, I don't, but we will be responding to complaints of loud noises. So that makes a difference.”

After some amendments proposed by Tyler, the new ordinance would require residential areas to keep noise below 55 decibels from the hours of 6 a.m. to 9 p.m. Sunday through Thursday and 6 a.m. to 10 p.m. on weekends. At night, from 9 p.m. to 6 a.m. on weekdays and 10 p.m. to 6 a.m. on weekends, they would have to keep the noise down to 50 decibels. Retail and commercial businesses are slightly higher. In the day, they would have to keep the noise to 65 decibels, and at night it would go down to 60 decibels.

Rio Rancho would spend about $12,000 on decibel meters so officers can make official noise measurements.

The measuring method proposed by Wells and city staff is that the noise will be measured by a police officer from the source's property Line. The noise must be above the decibel limit for a 10-minute period.

Each councilor and Mayor Gregg Hull applauded Wells, Geisel and city staff for their work on the project and stressed the importance of doing something to improve the current, vague noise ordinance.

The second reading of the updated ordinance is scheduled for the April 25 Governing Body meeting. If approved there, the new ordinance will go into effect on July 1.

Wells, who spent more than an hour answering questions at the March 14 meeting about the ordinance and gave a presentation to the city council and Hull comparing Rio Rancho’s ordinance rules with those of other New Mexico communities at the April 1 work session, was again put in the spotlight on April 11. Hull praised Wells for his work on this issue and called attention to the files Wells has kept on the project, which is as thick as a phone book.

“This telephone book, Mr. Mayor, goes back eight years ago. This issue has been an historic issue for Rio Rancho based on citizen concerns and counselor concerns. Eight-plus years ago, we were tasked in the city manager's office with an ordinance, and we did that but that never saw the light of day for a variety of reasons,” Wells said. “But ultimately, the issues continue to persist. We're an evolving community so to update our code accordingly, we found a balance that is similar to other communities, something that is easily understood and something officers are able to enforce.”