Town
of
Noise Prevention Ordinance
General Prohibitions
I.
It shall be unlawful for any person to make, continue, cause or allow
to be
continued, any loud,
unnecessary, unusual or unreasonable noise, or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety of
others within the limits of the Town of
II.
It shall be
unlawful for any person to make, cause or allow to be made or
continued, any unnecessary, unusual or unreasonable noise in
a public place, or in a private place which noise can be heard in a public
place or in other private places, which noise would disturb a person of average
sensibilities.
III.
Exceptions:
A.
These
provisions shall not apply to persons operating vehicles, equipment or
machinery while engaged in snow clearance or snow removal operations, provided
such operations are conducted within seventy-two (72) hours of cessation of a
snowstorm with an accumulation of at least three (3) inches of snow as recorded
by the U.S. Weather Service.
B.
These
provisions shall not apply to police, fire, emergency service providers, public
works departments while on duty, nor shall they apply to public utility
companies actively engaged in emergency repair or restoration of service
activities.
Noise Prevention Ordinance
(see RSA 47:17 (II))
I.
It is found and declared that the Town of
control the creation and
making of loud, unnecessary, unusual or unreasonable noise which continues to
increase in extent and volume.
II. The making, creation or maintenance of such loud, unnecessary, unnatural,
unusual or unreasonable noises which are prolonged (generally longer than 30 minutes), unusual or unreasonable in their time, place and manner of use are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the Town’s residents and should be strictly controlled.
III.
The provisions
and prohibitions hereinafter contained and enacted are designed
to promote the public policy of controlling noise which has
a detrimental effect on life in the Town and are in pursuance of, and for the
purposes of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of the Town and its
inhabitants.
Noise Prevention Ordinance
Specific Violations Enumerated
The following acts, among others, are
declared to be loud, disturbing and unnecessary
noises in violation of this
chapter, but the enumeration shall not be deemed to be
exclusive, namely:
1.
Horns, signaling devices, etc.
The sounding of any horn or signaling device on any
automobile, motorcycle, or other vehicle on any street or public place in the
Town, except as a danger warning.
a.
The creation
by means of any such signaling device of any unreasonable noise for an extended
period of time.
b.
The use of any
signaling device except one operated by hand or electricity.
c.
The use of any
horn, whistle or other device operated by engine exhaust.
d.
The use of any
such signaling device when traffic is, for any reason, held up.
2.
Radios, Phonographs, Etc.
a.
The using,
operating, or permitting to be played used or operated, any radio, receiving
set, musical instrument, phonograph, or other machine or device for the
producing or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants, or any time with louder volume than
is necessary for the reasonable hearing for the person or persons who are in
the room, vehicle or chamber in which such machine or device is operated and
who are voluntary listeners thereto.
b.
The operation
of any such set, instrument, phonograph, machine or device by a commercial
establishment between the hours of 11:00 P.M. and 7:00 A.M. in such a manner as
to be plainly audible at a distance of fifty feet (50’) from the lot line,
structure or vehicle in which it is located shall be prima facie evidence of a
violation of this section.
c.
The same shall
be true for operation of these devices inside a residence when said machine or
device is plainly audible in public or private places nearby and the noise
therefore would disturb a person of average sensibilities.
3.
Loudspeakers and Amplifiers for Advertising
a.
The using,
operating or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which is cast upon
the public streets for the purposes of commercial advertising or attracting the
attention of the public to any building, structure, or vehicle in such a manner
that the peace and good order of the neighborhood is disturbed; or that
persons, owning, using or occupying property in the neighborhood are disturbed
or annoyed.
4.
Yelling, Shouting, Etc.
a.
Yelling,
shouting, whistling, or singing on the public streets, particularly between the
hours of
5.
Animals
a.
The keeping of
any animals which by causing frequent or long continued noise shall disturb the
comfort or repose of any person in the vicinity.
6.
Schools, Courts, Churches.
a.
The creation
of any excessive noise on any street adjacent to any school, institution of
learning, church or court while the same are in use: session which unreasonably
interferes with the workings of such institution, or which disturbs or unduly
annoys.
7.
Construction Equipment, Heavy Equipment, etc.
a.
The operation
of any construction equipment, heavy equipment, machinery etc. after dusk and
before
b.
Use of heavy
equipment such as generators during emergencies is exempt.
Noise Prevention Ordinance
Penalties
I. Any person
violating any of the provisions of this Article shall be guilty of a violation
and, upon conviction thereof, shall be liable for a penalty of not more than
one hundred dollars ($100.00) for the first offense and up to the maximum
penalty allowed by law for each subsequent offense.
Noise Prevention Ordinance
Validity
I. If any
section or part of a section or paragraph of this Article is declared invalid
or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other section or sections, or part of a section or
paragraph of this Article.