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.
[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 Monday through Thursday of any given week with the exception of federal holidays. Further, it shall be unlawful for any person within residential, commercial, retail or industrial zones of the City to ignite fireworks past the hour of 10:00 p.m. until 12:00 noon the following day on Friday, Saturday and Sunday of a given week.
[Amended 5-2-2022 by Ord. No. 03-22]
C. No person shall ignite fireworks in or on any public highway or sidewalk
in the City of Franklin or in or on any municipal building, park,
beach, parking lot, land or other facility of the City of Franklin
without first obtaining a written permit as hereinafter provided.
[Added 5-2-2022 by Ord. No. 03-22]
D. Permits
to ignite fireworks in or on any municipal facility which is under
the management and control of the Board of Education of the City of
Franklin must be obtained from said Board. All other permits required
by this chapter must be obtained from a committee consisting of the
City Manager, Chief of Police, Fire Chief and the Director of Recreation.
[Added 5-2-2022 by Ord. No. 03-22]
E. It shall be unlawful for any person to violate any of the provisions
or regulations as set forth by this section.
[Amended 5-2-2022 by Ord. No. 03-22]
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 for the first
offense and not to exceed the sum of $500 for each offense thereafter.
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.