Town of Wolfeboro, NH
Carroll County
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[HISTORY: Adopted by the Board of Selectmen of the Town of Wolfeboro 8-8-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Barking dogs — See Ch. 10, Art. IV.
Sunday activities — See Ch. 144.
Temporary outdoor events — See Ch. 156.
Vehicles and traffic — See Ch. 164.
A. 
No person shall operate any vehicle in the Town of Wolfeboro so as to make any loud, unusual or other unnecessary noise as hereinafter defined.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOUD, UNUSUAL OR OTHER UNNECESSARY NOISE
Includes any noise occasioned by any one or more of the actions of the operator of any vehicle as defined in Subsection C, Misuse.
STREET
Includes a crosswalk, intersecting way or other public way as defined by New Hampshire Revised Statutes Annotated, as amended.
VEHICLE
Includes all-terrain vehicles (ATVs), buses, highway building equipment, motorcycles, motor trucks, motor vehicles, semitrailers, sidecars, snowmobiles, tractor trailers or any other vehicle as defined by New Hampshire Revised Statutes Annotated, as amended. All-terrain vehicles (ATVs) shall include dirt bikes, quad runners, etc.
C. 
Misuse. The following shall be considered misuse:
(1) 
Misuse of power exceeding tire traction limits in acceleration, sometimes known as "laying down rubber" or "peeling rubber."
(2) 
Misuse of braking power exceeding tire traction limits in deceleration where there is no emergency.
(3) 
Rapid acceleration by means of quick upshifting of transmission gears with either a clutch and manual transmission or automatic transmission.
(4) 
Rapid deceleration by means of quick downshifting of transmission gears with either a clutch and manual transmission or an automatic transmission.
(5) 
Racing of engines by manipulation of the accelerator, gas pedal, carburetor or gas selection, whether the vehicle is either in motion or standing still.
(6) 
The blowing of any horn, except as a warning signal, or the use of any other noisemaking device, whether the vehicle is either in motion or standing still.
A. 
No person shall operate a commercial boat or vessel, or private boat or vessel, and no manufacturer or dealer will allow a person to operate a commercial boat or vessel, or private boat or vessel, upon any body of water or portion thereof within the confines of and under the jurisdiction of the Town of Wolfeboro, New Hampshire, so as to make any loud, unusual or unnecessary noise as hereinafter defined in this section.
B. 
As used in this section, the following terms shall have the meanings indicated:
LOUD, UNUSUAL OR OTHER UNNECESSARY NOISE
Includes noise occasioned by the misuse of power of the boat or vessel, lack of equipment usually included at the time of manufacture and use of equipment which might be contained upon the boat or vessel and generally used in the operation of the boat or vessel for pleasure or commercial purposes. This will include the use of horns, sirens or other noisemaking devices for purposes other than safety.
TIME OF DAY
The twenty-four-hour period commonly referred to as "one day."
A. 
No person shall operate a snowmobile or all-terrain vehicle (ATV) within the confines of or under the jurisdiction of the Town of Wolfeboro, New Hampshire, so as to make any loud, unusual or unnecessary noise as hereinafter defined.
B. 
As used in this section, the following terms shall have the meanings indicated:
LOUD, UNUSUAL OR OTHER UNNECESSARY NOISE
Includes noise occasioned by the misuse of power of the snowmobile or ATV, lack of equipment usually included in the equipment at the time of manufacture and use of equipment which might be contained upon the snowmobile or ATV and generally used in the operation of the snowmobile or ATV for pleasure or commercial purposes. This will include the use of horns, sirens or other noisemaking devices for purposes other than safety.
TIME OF DAY
The twenty-four-hour period commonly referred to as "one day."
[Added 3-11-2003 ATM by Art. 9]
A. 
Authority. This section is adopted pursuant to RSA 31:39, I(n) which authorizes towns to make bylaws regulating noise.
B. 
General prohibition. It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be loud or unreasonable when it disturbs, injures, or endangers the peace or health of another, or when it endangers the health, safety, or welfare of the general community. Any such prohibited noise shall be a public nuisance.
C. 
Express prohibitions. The following acts, the enumeration of which is not exclusive, are declared to be a loud or unreasonable noises and are thus considered to be a noise disturbance and a public nuisance:
(1) 
The operation or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to disturb the peace, quiet, or comfort of the public, or in such a manner as to be clearly audible through walls between units within the range of the same building, from another property or the street.
(2) 
The conducting or allowance of a party or other social event so that said party or event produces noise in a loud or offensive manner such that the noise interferes with the peace or health of members of the public or is clearly audible through walls between units within the same building, from another property or from the street. A person shall be deemed to be in charge of a party or social event when that event occurs on private property and the person is present at the event and resides on the premises involved or is a person who lives in or on the premises involved and who has authorized the use of the premises for such event.
(3) 
The operation of a motor vehicle, as defined by RSA Chapter 259, in any one or more of the following manners:
(a) 
Misuse of power exceeding tire traction limits in acceleration, sometimes know 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 an automatic transmission.
(d) 
Rapid deceleration by means of quick downshifting of transmission gears with either a clutch and manual transmission or an automatic transmission.
(e) 
Racing of engines by manipulation of the accelerator, gas pedal, carburetor or gear selection, whether the vehicle is either in motion or standing still.
(f) 
The blowing of any horn except as a warning signal or the use of any other noisemaking device, whether the vehicle is either in motion or standing still.
(g) 
The operation of a stereo sound system supplemented or enhanced by speakers or amplifiers so as to be heard from a distance of 100 feet or more.
(h) 
The operation of an unmuffled or modified motorcycle so as to create engine noise audible of more than 100 feet.
(4) 
The operation or use of construction vehicles, including bulldozers, graters, dump trucks, backhoes, earth-moving equipment, front-end loaders and log skidders; or the operation or use of tools or construction equipment, including cement mixers, hammers, staple or nail guns, power tools, chainsaws, lawnmowers, electric hedge trimmers, lawn edgers and jackhammers; and the operation or use of agricultural equipment, including tedders, bailers and tractors, between the hours of 10:00 p.m. and 6:30 a.m. Monday through Saturday and 10:00 p.m. and 10:00 a.m. Sunday.
D. 
Exemptions. The following uses and activities are exempt from noise level regulations:
(1) 
Noise of safety signals, warning devices and emergency pressure-relief valves.
(2) 
Noises resulting from any authorized vehicle when responding to an emergency call or acting in time of emergency.
(3) 
Noises resulting from emergency maintenance work as performed by the Town, by the state or by public utility companies, to include snow-removal operations.
(4) 
Municipal maintenance work where the abutters to the work site have been given notice of the project.
(5) 
Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the Town.
(6) 
Snowblowers and other types of private or commercial snow-removal operations.
(7) 
Parades and public gatherings for which the Board of Selectmen has issued a permit.
(8) 
Bells, chimes or carillons while being used for religious purposes or in conjunction with religious services and those bells, chimes or carillons that are presently installed and in use for any purpose.
E. 
Enforcement; violations and penalties. Each violation of this section shall be subject to a fine of $100 for the first violation during any twelve-month period; a fine of $250 for a second violation; and from $500 to $1,000 for a third or any subsequent violation. Any law enforcement officer may issue a municipal complaint ticket for each offense.