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 4-17-2002 by Ord. No. 02-02. Amendments noted where applicable.]
GENERAL REFERENCES
Littering and public cleanliness — See Ch. 203.
Noise — See Ch. 215.
As used in this chapter, the following terms shall have the meanings indicated:
BEACH
The areas owned by the City of Franklin on Route 11 known as Legace Beach, and the beach on Griffin Road known as Griffin Beach.
PARK
Any area within the City of Franklin dedicated to recreational uses, to include but not be limited to Odell Park, Kenrick Park, Stone Park, Daniel Park, Veterans Park, Korean Park and Vietnam Park.
The purpose of this chapter is to protect the public health, safety and general welfare by controlling the hours of operation when necessary for the parks and beaches in the City of Franklin.
The City Manager shall determine and set, when necessary, hours of operation at any park or beach in the City of Franklin and for what duration of time. Any person who enters upon a municipal park or beach at any time in violation of the posted hours as contained in § 224-4 shall be deemed in violation of this chapter and subject to the penalties contained in § 222-6.
The City Manager shall have affixed, in public sight at the location so ordered, a sign stipulating hours of operation.
Any person wishing to use the park or beach before or after hours of operation may apply to the Franklin Police Department no less than 24 hours prior to the proposed use. Any person applying for a permit shall comply with all requests and requirements of either the Franklin Police Department or its individual officers with regard to flow of traffic or use of premises. Permits shall be placed on a form so designated by the Franklin Police Department.
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 a person and shall be punishable as provided herein.
[Added 7-12-2010 by Ord. No. 11-10]
A. 
Purpose. The purpose of this section is to protect the safety, health and welfare of the general public and to regulate the behavior in and protect the property interests of and the facilities owned and/or operated by the City of Franklin.
B. 
City recreation areas or facilities. The use of tobacco products is prohibited in the following City recreation areas or facilities as more fully described below:
(1) 
Griffin and Legace Beach, including the beach and restrooms.
(2) 
Proulx Community Center, including all buildings and entryways.
(3) 
Odell Park, including the playground, basketball courts, tennis courts, ball fields, gazebo, walking trail, restrooms, cottage, dugout and concession stands.
(4) 
Daniell Park, including all fields, playgrounds, dugout and restrooms.
(5) 
Stone Park, including playgrounds and basketball court.
(6) 
Forest Hills, including basketball court and tennis court.
(7) 
Scott Marceau Park, including information booth.
(8) 
Rivers Edge Park, including fenced-in skate area.
(9) 
Trestle View Park.
(10) 
Bessie Rowell Community Center.
[Added 9-10-2012 by Ord. No. 03-13]
C. 
Signage. Signs shall be installed and maintained to alert the public of tobacco prohibition in the City recreation areas. Signs alerting all park patrons ("No Smoking or Use of Other Tobacco Products") shall be placed prominently at every entrance to all City recreation areas.
D. 
Violations and penalties. Any person who violates the provisions of this section shall be subject to a civil penalty in the amount of $50 for each offense. In addition, violators may be removed from the recreation area or facility. In addition to these penalties, persons under the age of 18 years old shall be subject to the provisions of New Hampshire Revised Statutes Annotated 126-K:1.
E. 
Enforcement. The Franklin Police Department is authorized to enforce the provisions of this section.