City of Franklin, NH
Merrimack County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 5-5-1986 as Title Two, Ch. III of the 1986 Code]
This article shall be deemed and construed to be an exercise of the police power of the City of Franklin in the State of New Hampshire for the preservation and protection of public safety, and all of its provisions shall be liberally construed with a view to the effectuation of such purposes.[1]
[1]
Editor's Note: Original Section 1.01, Conflict With Other Regulations, which immediately followed this section, was deleted 9-14-1998 by Ord. No. 98-4.
Nothing in this article shall apply to fire apparatus, police cars, funeral cars, ambulances or vehicles or cars officially used in connection with any city department or city business, but such vehicles shall at all times be operated and otherwise handled in a reasonable manner under the circumstances.
As used in this article, the following terms shall have the meanings indicated:
EVEN-NUMBERED SIDE
That side of a street on which the street numbers of the buildings are even numbers.
ODD-NUMBERED SIDE
That side of a street on which the street numbers of the buildings are odd numbers.
OPERATOR
Every individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control of a vehicle.
PARK OR PARKING
The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle.
PERSON
Any individual, firm, partnership, association or corporation.
STREET
Any public street, avenue, road, parking lot, alley, highway, lane, path or other public place located in the City of Franklin and established for use of vehicles.
VEHICLE
Any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks.
A. 
Fifteen-minute parking shall mean that no vehicle shall stop or stand for more than 15 minutes at a time from 9:00 a.m. until 6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
B. 
Thirty-minute parking shall mean that no vehicle shall stop or stand for more than 30 minutes at a time from 9:00 a.m. until 6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
C. 
One-hour parking shall mean that no vehicle shall stop or stand for more than one hour at a time from 9:00 a.m. until 6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
D. 
Two-hour parking shall mean that no vehicle shall stop or stand for more than two hours at a time from 9:00 a.m. until 6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
E. 
No parking shall mean that no vehicle shall stop or stand in the areas designated as "No Parking."
F. 
One-way streets shall mean those streets on which traffic shall move only in the direction designated.
A. 
The Police Chief shall designate suitable areas in the business district for the parking of bicycles and shall install in such areas appropriate racks in which bicycles may be parked.
B. 
Unless otherwise noted, the operation of bicycles within the city shall conform to that of motor vehicles. Persons riding bicycles shall observe all traffic signs and stop signs and shall further observe all traffic rules and regulations applicable thereto and shall turn only at intersections and at all turns ride on the right side of the street or highway, passing overtaken vehicles that are slower moving to the left, and shall pass to the right when meeting another vehicle.
C. 
No person shall operate or propel a bicycle without having his or her hands upon the handlebar, so-called, and a bicycle with one seat shall not carry another person on said bicycle thereof. No person riding a bicycle shall hold onto a bus, truck or any other moving vehicle. Any bicycle operated by the owner or any other person lawfully in the custody thereof in violation of any of the provisions of this article may be taken into custody and be impounded for a period of not more than 30 days. This shall be determined by the police officer.
Pedestrians shall be subject to traffic control signals when such signals are in operation and shall cross the street on red-walk signals only, except that where the traffic control signals do not indicate a red-walk series, pedestrians shall cross on a red-walk light only. No person shall cross any public street at any point other than at a marked crosswalk in the urban compact area.
A. 
A vehicle shall not turn about (make a turn of 180°) in a public street or intersection.
B. 
No person shall steal a ride on any vehicle. No person shall ride upon any part of a vehicle not designated or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty nor to persons riding within truck bodies in space intended for merchandise.
A. 
Stop signs shall be erected at street intersections by vote of the City Council and shall be of a type and size approved by the State Highway Commissioner. Every person driving a vehicle shall, upon approaching an intersection at which there is a stop sign facing him or her and at which there is no police officer directing traffic and there are no traffic lights in operation, come to a full stop before crossing said intersection and yield the right-of-way to any vehicle approaching said intersection by any street not likewise posted.
B. 
Except as provided by state law, no person shall drive a vehicle onto or over the intersection of highways protected by any traffic signal or signals maintained by the city when such signal or signals show a red or amber light facing said person or otherwise indicate that vehicles are to be stopped; provided, however, that he or she may make a right-hand turn over such intersection if there is a green arrow on such signal or signals and if in so doing he or she does not have to pass to the left of any vehicle stopped or stopping because of such signal or signals.
C. 
No person shall break, deface or move any official sign, post or signal device placed in a highway for the direction of traffic.
D. 
The Police Department shall control all traffic in the streets or highways. Police officers may divert vehicular or pedestrian traffic when necessary to avoid congestion or to promote safety and convenience, and no person having charge of a vehicle shall refuse or neglect to stop or start or place the same as directed by a police officer.
Police, Fire Department, ambulances, funeral processions and emergency repair vehicles of public utilities shall have the right-of-way in any street.[1]
[1]
Editor's Note: Original Section 3.04.01, which immediately followed this section and dealt with fire apparatus, was deleted 9-14-1998 by Ord. No. 98-4.
A. 
Slow-moving automobiles or other vehicles shall keep as close as possible to the curb on the right so as to allow fast-moving vehicles free passage on the left.
B. 
The driver of an automobile or other vehicle shall, in slowing up, stopping, backing, turning or starting to turn from a standstill, give a plainly visible or audible signal to show his or her intention.
C. 
No vehicle shall stop so as to interfere with or prevent the passing of pedestrians at foot crossing or stand within the intersection of the street.
D. 
No vehicle incapable of being turned without backing shall be turned about in any of the following streets: Central Street between Prospect Street and River Street; Franklin Street between Central Street and School Street; Main Street between Depot Street and Webster; or in Smith and Memorial Streets.
E. 
No person driving or propelling any vehicle shall cause or permit such vehicle to enter the intersections at Central Street and Franklin Street beyond the marked outer boundaries of the crosswalks reserved for pedestrian traffic except when the traffic light facing him or her at said intersection shows green or flashes yellow intermittently. No person on foot shall cross said intersection except within the marked boundaries of said crosswalks, nor shall he or she start to cross except when permitted by the pedestrian traffic signal.
F. 
No person shall drive a vehicle into any street which has been designated by the City Council as a one-way street except in obeyance of the signs indicating in which direction traffic is permitted or when directed by a police or traffic officer.
G. 
It shall be unlawful for the direction officer or the operator of any railroad train to direct the operation of, or to operate the same, in such manner as to prevent the use of any street for purposes of travel for a period of time longer than five minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching.
H. 
Motor vehicles within the City of Franklin shall, without exception, yield the right-of-way to pedestrian traffic when such traffic is located in an appropriately designated pedestrian crosswalk.
A. 
On any city street or portion thereof not specified in other sections of this article, vehicles shall stand for a reasonable time only, and, upon complaint of the owner or occupant of the premises in front of which said vehicle is standing, the police shall investigate the time said vehicle has parked and, upon reasonable proof that said vehicle has abused the parking privilege, shall, upon a first offense, issue the warning to the owner, operator or manager of said vehicle and keep a record of said warning and, upon second or subsequent offenses, shall issue to said owner, operator or manager notice that he or she is in violation of this article.
B. 
No automobile or other vehicle carrying passengers for hire shall park on Central Street between Memorial Street and Prospect Street nor on Franklin Street between Central Street and Church Street longer than necessary to discharge and take passengers or to load. The Chief of Police may assign such vehicle parking stations for their exclusive use.
C. 
No vehicle shall stop or stand with its left side to the curb or sidewalk on any public street except where said public street is a one-way street and said vehicle is headed in the proper direction of traffic movement.
D. 
No vehicle shall stop or stand within 10 feet of a street intersection unless in an emergency except to allow pedestrians to cross at the intersection or in response to a police signal.
E. 
No vehicle shall stop or stand within 10 feet of a fire hydrant, except that a vehicle may stop or stand within any designated parking area in accordance with other provisions of this article.
F. 
The Municipal Services Department is hereby directed and authorized to mark off individual parking spaces on the public streets or highways of the city, said parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street. At each space so marked off, it shall be unlawful to park any vehicle in such a way that said vehicle shall not be entirely within the limits of the spaces so designated, unless such vehicles are too large to be confined in one such space.
[Amended 9-14-1998 by Ord. No. 98-4]
G. 
No vehicle with an overall length of more than 20 feet shall park in a diagonal parking space unless said vehicle is actually being loaded or unloaded.
H. 
No truck or other vehicle shall stop or stand to deliver or pick up merchandise, freight or other goods unless said vehicle is parked in a designated loading zone at the curb or parking space or in such manner that it does not project into or obstruct the traveled way.
A. 
No vehicle shall be parked on a public street to remain continuously so parked during the period from 12:00 midnight to sunrise, except in case of emergency, and any vehicle so parked during the period from 12:00 midnight to sunrise shall, at the discretion of the Police Department, be towed away at the expense of the owner of said vehicle.
B. 
No vehicle shall be parked on a public street between the hours of 9:00 p.m. and 6:30 a.m. during snowstorms, during snowplowing operations by the city or its agents or during snow removal operations by the city or its agents. In addition to the penalties provided by this article, any vehicle found parked contrary to the provisions of this subsection shall, at the discretion of the Police Department or Municipal Services Department, be towed away at the expense of the owner of said vehicle.
[Amended 9-14-1998 by Ord. No. 98-4]
C. 
No person owning or operating any type of motor vehicle or carriage or having in his or her charge any motor vehicle or carriage shall cause or allow said vehicle to remain standing or parked within the limits of any street in the city in such a manner that said vehicle will interfere with or impede the plowing of snow from the surface of said street, and so-called all-night parking on any street in the city is hereby prohibited during the months of January, February, March, April, November and December.
D. 
No person owning or operating any type of motor vehicle or other vehicle or having in his or her charge any vehicle shall cause or allow said vehicle to remain standing or parked within the limits of any public parking area in the city, excepting a certain area as designated by signs erected from time to time by the Police Department permitting overnight parking in said posted area between the hours of 11:00 p.m. and 8:00 a.m., in such manner that said vehicle will interfere with or impede the plowing of snow from the surface of said parking area between the hours of 11:00 p.m. and 6:00 a.m. during the months of January, February, March, November and December.[1]
[Amended 9-14-1998 by Ord. No. 98-4]
[1]
Editor's Note: Original Section 5.05, which immediately followed this subsection and provided for two-hour parking on portions of Central Street, Franklin Street and Memorial Street, was deleted 9-14-1998 by Ord. No. 98-4. See now § 284-23.
E. 
Any vehicle parked in violation of the provisions of this section may be towed away by the city or its agents to a suitable location and held there until the reasonable cost of said removal shall have been paid to the city, as well as a storage charge, if said vehicle shall not be reclaimed within 24 hours of its removal. These charges shall be in addition to any fine imposed for violation of this Code.
F. 
Unless they are inconsistent with the previous regulations, all state statutes with reference to the operation and parking of motor vehicles are hereby deemed in full force in the city. Where appropriate, the doctrine of state preemption shall apply. In cases where two standards are promulgated, the higher shall be deemed to apply.
This section shall control the parking or placement of motor vehicles upon the public ways within the City of Franklin. To the extent that this section is inconsistent with any prior enactment or ordinance by the City of Franklin, this section shall be controlling.
A. 
No person shall park an automobile in a way inconsistent with posted parking signs, regulations or other markings adopted by the City of Franklin indicating a restricted parking area.
B. 
No person shall park an automobile in violation of the winter parking ban as adopted by the City of Franklin.
C. 
No person shall park any vehicle overnight on a public way within the City of Franklin in violation of the pertinent ordinance to that effect.
D. 
No person shall park any vehicle in violation of any posted ban on parking on a specific side of a public way within the City of Franklin. Further, no person shall park any vehicle in a public way in such a manner so that the left side of said vehicle faces the curb or side of the street, except where said public street is a one-way street and said vehicle is headed in the proper direction of traffic movement.
[Amended 9-14-1998 by Ord. No. 98-4]
E. 
No person shall park a vehicle within the City of Franklin so that such vehicle exceeds posted time limitations on parking.
F. 
No person shall park a motor vehicle within the City of Franklin so that said vehicle is entirely or partially within a marked crosswalk or upon any sidewalk within the city. Further, no vehicle shall be left parked within a street intersection or within 20 feet of the corner of such an intersection within the city.
G. 
No vehicle within the City of Franklin shall be left standing or parked within 10 feet of any fire hydrant or pedestrian crosswalk located at a traffic intersection or within 10 feet of any stop sign or traffic control device.
H. 
No motor vehicle shall be left parked in the City of Franklin adjacent to a curb painted with the color yellow or within any space appropriately marked with yellow paint designating that parking is forbidden.
I. 
No motor vehicle shall be double-parked or left in any way within the commonly traveled way of the public streets of the City of Franklin.
J. 
No vehicle shall be allowed to be parked or shall stand in a municipal parking lot for a period of time in excess of 24 hours. All motor vehicles must be removed from municipal parking lots at least once in each consecutive twenty-four-hour period. Further, no municipal parking lot shall be used for the storage of any unregistered or uninspected motor vehicle.
[Added 4-17-2002 by Ord. No. 01-02]
A. 
Bus stops. The Chief of Police may designate bus stops properly marked at which buses may pick up or discharge passengers at the curb.
B. 
Loading zones. The Chief of Police may designate loading zones which shall be reserved for delivery and pickup of merchandise, freight or other goods and at which buses may pick up or discharge passengers at the curb. Vehicles not immediately engaged in such activities shall not be parked in zones so designated. However, in the event that the Chief of Police designates a loading zone area within certain time constraints, then said zone may be used for normal vehicle parking at all other times. Any such vehicle found to be in violation of this subsection after being ticketed may be towed at the discretion of the on-duty police supervisor.
[Amended 12-2-1996 by Ord. No. 96-10; 7-7-1997 by Ord. No. 97-2]
C. 
Deliveries. No vehicles shall engage in the activity of delivering or receiving merchandise on Central Street between its intersection with West Bow Street and its intersection with East Bow Street except in conformance with this subsection. Deliveries and pickups shall not be made Monday through Saturday between 9:30 a.m. and 5:00 p.m., except any such activity that can be accomplished, and is actually completed, within a twenty-minute period or which takes place entirely within a legally designated loading zone. In the case of activities within a loading zone, the posted time limitations shall apply. Further, multiple delivery or pickup activities to or from the same location in the restricted area on Central Street by the same vehicle within a two-hour period are hereby prohibited. This subsection shall not apply to deliveries or receipt of goods which takes place utilizing a vehicle which is parked entirely within a single parking space at the time of such activity. The penalty for the violation of this subsection shall be as prescribed in § 284-16 of this article. However, notwithstanding any other provision of this article, any second or subsequent offense of this subsection by the same operator or motor vehicle owner within six months of a prior violation shall be publishable by a fine of no less than $50. After receiving a parking ticket for violation of this article, failure to move the vehicle after being so advised shall be cause to have the vehicle towed. If the officer, after making a reasonable effort to locate the operator/owner is unable to do so, the vehicle may be towed at the discretion of the on-duty supervisor.
[Added 10-7-1996 by Ord. No. 96-7; amended 7-7-1997 by Ord. No. 97-2]
No person shall allow or permit a vehicle registered in his or her name to park in violation of any provision of this article or any other ordinance of the City of Franklin. The owner or person whose name such vehicle is registered in shall be held as prima facie responsible for such violation.
[Amended 8-3-1987]
A person violating any provisions of this article or any other ordinance relating to the parking of motor vehicles within the City of Franklin shall be punished by a fine of not more than $100 for each offense, except that the optional procedures set forth below may be used in lieu of court proceedings for the designated violations.
A police officer observing a violation of any of the above provisions shall attach to the vehicle or personally deliver to the violator a notice that the violation has occurred and instructing the violator or owner to make appropriate direct payment to the Franklin Police Department as stated herein. The written notice shall contain the location where the vehicle was parked, if relevant, the registration number of such vehicle, the date and time of such violation and other facts necessary to establish an understanding of the violation.
[Amended 7-7-1997 by Ord. No. 97-2]
The aforementioned notice shall indicate that the violator may resolve the matter through payment of an appropriate fine to the Franklin Police Department. The appropriate fines for violations are listed in § 284-20. The appropriate fine for all other violations will be $10. Failure by the operator or owner to make such payment within 48 hours of the issuance of the notice of violation may result in the issuance of a summons to the operator or owner to appear in court to answer to the charge of violating the ordinance as previously stated. The Chief of Police may authorize, at any time before a court summons has been issued but after the expiration of the forty-eight-hour period, the acceptance of a voluntary payment in the amount of $20 as penalty in full satisfaction of the violation.
The Franklin Police Department is authorized to remove and tow away or have removed and towed away by commercial towing service any abandoned vehicle or other vehicle illegally parked in a place where it creates or constitutes a traffic hazard or violates the parking ordinances of the City of Franklin or obstructs snow removal or the movement of any emergency vehicles. Vehicles towed for illegal parking shall be stored in a safe place and shall be restored to the owner or operator upon payment of all fees for towing and storage.
[Added 7-7-1997 by Ord. No. 97-2; amended 10-1-2007 by Ord. No. 08-08; 1-5-2015 by Ord. No. 08-15; 5-4-2015 by Ord. No. 13-15; 10-5-2015 by Ord. No. 06-16]
Fines shall be as follows:
Offense
Fine
01 Winter parking restriction
$25
02 Night parking restriction
$10
03 Overtime parking
$10
04 Restricted place
$15
05 Wrong side of street
$10
06 Parked on crosswalk
$15
07 Parked on sidewalk
$25
08 Within 10 feet of corner of intersection
$10
09 Parked in front of public or private driveway
$25
10 Within 10 feet of fire hydrant
$15
11 Within 20 feet of driveway to fire station
$15
12 At yellow curb/loading zone
$15
13 Parked in fire lane
$10
14 Double parking
$10
15 Jaywalking
$10
16 Handicapped parking violation
$50
17 Franklin Street Parking Lot: no parking permit displayed
$100
18 Dead end streets that are designated as limited or no parking
$50
After five offenses, the automobile is to be towed at the owner's expense.
[Added 10-1-2007 by Ord. No. 08-08]
The City of Franklin hereby establishes parking by permit only for the Franklin Street Parking Lot. The Franklin Police Department is authorized to enforce any or all provisions identified in this or any other section of Chapter 284, Vehicles and Traffic, as they relate to the unauthorized use of this facility. This section shall control the ongoing management, operation and maintenance of the facility.
A. 
Parking permits are issued on a first-serve basis by the City Clerk at a rate of $200 annually and are valid from July 1 to June 20. Permits are renewed annually. The permit must be returned to the City Clerk prior to the 15th of the month for cancellation for that month or the balance of the year (July 1 to June 30). A refund, if applicable, will be prorated at the rate of $16.66 per month.
[Amended 7-6-2009 by Ord. No. 03-10]
B. 
Permits must be hung on the rearview mirror of the vehicle and must be clearly seen from the outside. Permits will be issued on a first-come, first-serve basis. Window decals may also be used. In the case of a decal it should be placed on the driver's side on the rear vehicle window. Decals for motorcycles must be placed on the windshield or in a highly visible location.
[Amended 7-6-2009 by Ord. No. 03-10]
C. 
Unauthorized use of the facility will result in the towing of the vehicle, with towing, storage and other expenses the responsibility of the owner of the vehicle.
D. 
The Municipal Services Department will maintain the parking area for snow and ice control and other purposes. During or following a snowstorm which requires plowing, owners must remove the vehicle between the hours of 6:00 a.m. to 7:00 a.m.
E. 
Permits are valid for twenty-four-hour use of the facility, seven days per week.
[Added 12-2-2013 by Ord. No. 03-14]
A. 
Intent of section. This section is intended to provide for the free flow of motor vehicle traffic on roadways in the City. The City Council finds that persons who distribute any item to, receive any item from or exchange any item with the occupant of a motor vehicle upon a roadway present a threat to the free and safe flow of motor vehicle traffic. By this section, the City Council intends to promote the health, safety and welfare of the citizens traveling by vehicle in the City.
B. 
Definitions. For purposes of this section, the following definitions apply:
ITEM
Any physical object, including, but not limited to, money, literature, or sales flyers.
PASS/PASSING
Distributing any item to, receiving any item from, or exchanging any item with the occupant of a motor vehicle that is located in the public way.
PUBLIC WAY
All public roads or public parking areas open to motorized vehicles within the City. This definition excludes private roads and private property.
C. 
Prohibition on roadways. It shall be unlawful to violate any of the prohibitions set forth below in the City.
(1) 
No person shall knowingly pass any item to, receive any item from, or exchange any item with the occupant of any motor vehicle when the vehicle is located in the public way.
(2) 
This section shall not apply to the passing of any item with the occupant of a motor vehicle on private property.
(3) 
This section shall not apply to any law enforcement officer acting in the scope of his/her official duty.
(4) 
This section shall not apply to the passing of any item with the occupant of a motor vehicle located in the roadway in order to assist the occupant after a motor vehicle accident, with a disabled motor vehicle or where the occupant is experiencing a medical emergency.
(5) 
No pedestrian, or other person, standing or sitting at an intersection, stoplight, or other similar location where traffic is temporarily or permanently stopped, shall approach the driver or passenger of any vehicle for the purposes of asking about, or seeking, the passing of any item to and/or from the pedestrian and the occupant of the vehicle.
D. 
The only exemption to the provisions of Subsection C above is a "toll boot" fund-raising drive operated by any department of the City or school, or another organization for whom permission has been granted by the Franklin Police Chief or a designee.
E. 
Sunset. This section shall automatically repeal on April 9, 2015, unless otherwise ratified by the City Council.
F. 
Penalty. A person found in violation of this section shall be guilty of a violation and may be fined not more than $500.
G. 
Severability. If any provision of this section is declared invalid or unconstitutional by any court of competent jurisdiction, the remaining provisions shall be severable and shall continue in full force and effect.