Lake Region News

Town of Barnstead, New HampshireORDINANCE REGULATINGNOISE NUISANCE

Pursuant to RSA 31:39, the Town of Barnstead hereby adopts the following ordinance.

I. PURPOSE

It is declared to be the intent of the Town of Barnstead to promote an environment freefrom excessive noise which unnecessarily jeopardizes the health and welfare of thecitizens of the Town of Barnstead and degrades the quality of life in this community,without unduly prohibiting, limiting or otherwise regulating the function to certain noise-producing equipment which is not amenable to such controls yet is essential to theeconomy and quality of life of the community.

The purpose of this ordinance is to establish standards for the control of noise and noisedisturbances in the Town of Barnstead by prohibiting specific activities during designatedtimes within the confines of the Town.

It shall be unlawful for any person to make, continue, or cause to be made or continuedany excessive, unnecessarily loud noise or any noise which reasonably annoys, disturbs, injures, orendangers the comfort, repose, health, peace or safety of others within the Town ofBarnstead.

II. DEFINITIONS

The following definitions shall apply unless the context clearly indicates or requires adifferent meaning.

PERSON - Any person, vehicle owner, firm, partnership, association, corporation,company or organization of any kind.

CONSTRUCTION - Any site preparation, excavation, grading, assembly, erection,substantial repair or alteration of any building, structures or land, public or private,together with any associated scientific or engineering surveys shall constituteconstruction. The term "construction" shall include the operation or the causing to beoperated of any equipment used in the construction, repair, alteration or demolition workon buildings, structures, streets, alleys or appurtenances thereto. Said equipmentincludes, but is not limited to, a pile driver, shovel, hammer, derrick, hoist, tractor orroller.

EMERGENCY WORK - Shall mean any work performed to protect, maintain or restoresafe and/or healthful conditions in the community, along with work performed by privateor public utilities when restoring utility service.

III. PROHIBITED ACTS

A. Unnecessary noise from motor vehicles

1) A person operating or in control of a parked or moving motor vehicle shallnot operate or permit the operation of an electronically amplified soundsystem in or on the motor vehicle so as to produce sound that is clearlyaudible in a public right-of-way or public space more than 50 feet from themotor vehicle except as otherwise authorized.

A person shall not operate a motor vehicle so as to make any loud,unusual, or unnecessary noise occasioned by any one or more of thefollowing actions by the operator:

Misuse of power, exceeding tire traction limits in acceleration,sometimes known as laying down rubber or peeling rubber, orexcessive acceleration where there is no emergency.

Misuse of braking power exceeding tire traction limits indeceleration where there is no emergency.

Rapid acceleration by means of quick up shifting of transmissiongears with either a clutch or manual transmission or automatic

Transmission where there is no emergency.

d. Rapid deceleration by means of quick downshifting of transmission

gears with either a clutch or manual transmission or an automatictransmission where there is no emergency.

Racing of engines by manipulation of the accelerator, gas pedal,carburetor, or gear selection, whether the vehicle is in motion orstanding still.

Between 10:00 p.m. and 7:00 a.m. Monday through Thursday; 11:00 p.m. to 7:00 a.m. on Friday and Saturday and 10:00 a.m. on Sunday it shall be unlawful to:

Operate or use construction vehicles to include but not be limited tobulldozers, graders, dump trucks, backhoes, earth movingequipment, front end loaders and log skidders.

Operate or use tools or construction equipment to include but notbe limited to cement mixers, hammers, staple or nail guns, powertools: i.e., saws, drills, grinders, sanders; chain saws, lawn mowers,electric hedge trimmers, lawn edgers, and jack hammers.

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Operate, play, or use any radio, television, phonograph, drum,musical instrument, sound amplifier, or similar device at such a volume that it is clearly audible at the property line of the property on which the device is being operated.

Fireworks or cannons.

IV. EXEMPTIONS

The following uses and activities shall be exempt from noise level regulations:

Noise of safety signals, warning devices, and emergency pressure reliefvalves.

Noises resulting from any authorized vehicle, when responding to anemergency call or acting in time of emergency.

Noises resulting from emergency maintenance work as performed by thetown, by the state, or by public utility companies, to include snow removaloperations.

Municipal maintenance work where the abutters to the work site havebeen given prior notice of the project.

Any other noise resulting from activities of a temporary duration permittedby law and for which a license or permit therefore has been granted by thetown. This includes, the preparing, loading and unloading of constructionvehicles at their base of operation.

Snow blowers and other types of private or commercial snow removaloperations.

Farm operations exempt from local noise regulations by state or federal law.

H. Parades and public gatherings for which the town has issued a permit.

I. Bells, chimes or carillons while being used for religious purposes or inconjunction with religious services, and those bells, chimes, or carillonsthat are presently installed and in use for any purpose.

J. The un-amplifled human voice as outlined under New Hampshire RSA644:2 (Disorderly Conduct).

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v. PENALTIES

Any person who violates any provision of this Ordinance shall be guilty of aviolation and subject to a penalty in the amount of $100.00 if an individual,$500.00 for any other person for each violation.

No person will be summonsed for a violation of Article III (B) (1) or Article III (8)(2) until he or she has been warned once by the police department.

Adopted and effective this ________ day of March in the year 2023

Barnstead Board of Selectmen

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Richard Therrien, Chairman

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Diane Beijer, Vice-Chair

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Gary Madden

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Paula Penney

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Edward Tasker

Original source can be found here.