[HISTORY: Adopted by the Board of Selectmen
of the Town of Wolfeboro 8-8-1970. Amendments noted where applicable.]
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.
LOUD, UNUSUAL OR OTHER UNNECESSARY NOISE
STREET
VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any noise occasioned by any one or more of the actions of the operator of any vehicle as defined in Subsection C, Misuse.
Includes a crosswalk, intersecting way or other public way
as defined by New Hampshire Revised Statutes Annotated, as amended.
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.
LOUD, UNUSUAL OR OTHER UNNECESSARY NOISE
TIME OF DAY
As used in this section, the following terms shall
have the meanings indicated:
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.
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.
LOUD, UNUSUAL OR OTHER UNNECESSARY NOISE
TIME OF DAY
As used in this section, the following terms shall
have the meanings indicated:
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.
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.
