City of Franklin, NH
Merrimack County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Franklin 5-5-1986 as Title Four, Ch. XXIV of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 98.
Animals — See Ch. 107.
Public entertainment — See Ch. 155.
It is found and declared that:
A. 
The making and creation of loud, unnecessary, unreasonable or unusual noises within the limits of the City of Franklin is a condition which has existed for some time and the extent and volume of such noises is increasing.
B. 
The making, creation, maintenance or continuation of such loud, unnecessary, unreasonable or unusual noises which are prolonged, unusual, unreasonable or unnecessary in their time, place, use and effect are a detriment to the public comfort, repose, health, peace, safety, convenience, welfare and prosperity of the residents of the City of Franklin.
C. 
The necessity and the public interest for the provisions and prohibitions hereinafter contained and enacted is a matter of legislative determination and public policy.
D. 
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public comfort, repose, health, peace, safety, convenience, welfare and prosperity of the City of Franklin and its inhabitants.
It shall be unlawful for any person, firm or corporation to make, continue or cause to be made or continued or to allow to be continued any loud, unnecessary, unreasonable or unusual noises or any noise which either annoys, disturbs or endangers the comfort, repose, health, peace, safety, convenience, welfare and prosperity of others within the limits of the City of Franklin.
Loud, unnecessary, unreasonable and unusual noises shall include but not be limited to any noise occasioned by any one or more of the following actions of the operator of a motor vehicle operated within the limits of the City of Franklin:
A. 
Misuse of power exceeding tire traction limits in acceleration, sometimes known as "laying down rubber" or "peeling rubber."
B. 
Misuse of braking power exceeding tire traction limits in deceleration where there is no emergency.
C. 
Rapid acceleration by means of quick upshifting of transmission gears with either a clutch and manual transmission or automatic transmission and rapid deceleration by means of quick downshifting of transmission gears with either a clutch and manual transmission or automatic transmission.
D. 
Racing of engines by manipulation of the accelerator, gas pedal, carburetor or gear selection, whether the vehicle is either in motion or standing still.
E. 
The blowing of any horn except as a warning signal or the use of any other noisemaking device, whether the refrigeration unit or other types of compressors, between the hours of 8:00 p.m. and 7:00 a.m. while the vehicle is not in motion, except for emergency use or while actually loading or unloading.
A. 
Without limitation of the prohibition contained in § 215-2, it shall be unlawful for any person within any residential, commercial, retail or industrial zone of the city to use or operate any radio receiving set, musical instrument, phonograph, television set, loudspeaker or any other sound-amplifying machine or device for the purpose of producing or reproducing sound in such a manner as to disturb the comfort, repose, health, peace, safety, convenience, welfare and prosperity of any neighboring resident or any reasonable person of normal sensitiveness residing in the area.
B. 
For the purpose of this section, any person who uses or operates any such sound-amplifying machine or device for the purpose of producing or reproducing sound which is either located outside of an enclosed structure or located in a window, door or other opening of an enclosed structure so that the sound is directed outside of said structure shall constitute a prima facie violation of this section if any noise or sound can be heard by any neighboring residents or any other person while upon any adjoining private property.
[Added 9-4-2007 by Ord. No. 05-08; amended 9-5-2017 by Ord. No. 07-18]
A. 
Statement. It is the intent of the City of Franklin to allow the safe and authorized use of Class B fireworks and legal Class C "permissible fireworks" as described by the New Hampshire State Fire Marshal's Office pursuant to all regulatory guidelines under NH RSA 160-B and NH RSA 160-C. Furthermore, it is intended to protect the health and welfare of the citizens of the City of Franklin and preserve the quality of life in this community, without unduly prohibiting, limiting or otherwise regulating the legal sale and display of fireworks defined in NH RSA 160-C. The purpose of this section is to establish standards for the control of fireworks in the City by prohibiting specific activities during designated times.
B. 
Without limitation of the prohibition contained in § 215-2, it shall be unlawful for any person within any residential, commercial, retail or industrial zone of the City to ignite fireworks past the hour of 9:30 p.m. until 12:00 noon the following day.
C. 
It shall be unlawful for any person to violate any of the provisions or regulations as set forth by this section.
A. 
Any person who is the owner or a tenant or a resident or otherwise in control of any house, apartment, condominium unit, structure or other property located within the City of Franklin shall be responsible and liable for any loud, unnecessary, unreasonable or unusual noises created by one or more persons gathered on said property which disturb the public comfort, repose, health, peace, safety, convenience, welfare or prosperity of other residents of the City of Franklin.
B. 
Further, any person who is the owner, tenant, resident or otherwise in control of any house, apartment, condominium unit, structure or other property located within the City of Franklin is responsible and liable for any loud, unnecessary, unreasonable or unusual noises if he or she permits or allows any gathering of one or more persons to continue to make loud, unnecessary, unreasonable or unusual noises upon such property after having been advised of the disturbing effects such noise is having on any other resident of the city and said noise then continues to disturb the public comfort, repose, health, peace, safety, convenience, welfare and prosperity of any other resident of the City of Franklin.
Any person who violates any of the provisions of this chapter shall be guilty of a violation and a penalty shall be imposed upon him or her not to exceed the sum of $100. Such person shall be deemed to be guilty if a violation of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided herein.