Town of Merrimack, NH Chapter 111 Conservation Areas

[HISTORY: Adopted by the Annual Town Meeting of the Town of Merrimack 5-12-1994 by Art. 18; amended in its entirety by Town Council 6-23-2022.[1] Subsequent amendments noted where applicable.]

[1] Editor's Note: Prior amendments included 12-17-2009 and 11-16-2017.

§ 111-1 Rules of conduct for all conservation areas.

A. There shall be no fires on conservation areas.

B. No person shall throw, leave, or discard any trash, rubbish, glass, or garbage within any conservation area. All trash, rubbish, glass, or garbage shall be carried out.

C. No person shall use, consume, bring, or carry any alcoholic beverages or unlawful drugs within any conservation area.

D. Use of vehicles within conservation areas:

(1) No person shall park or drive any vehicle within conservation areas except in specifically designated areas.

(2) No person shall drive, operate, or maintain any motor vehicle, or off highway recreational vehicle (as defined in RSA , VI), or Class 2 electric bicycle (as defined in RSA 259:27-a, II), or Class 3 electric bicycle (as defined in RSA 259:27-a, III) in any conservation area, excluding Town personnel or contractors for official purposes.

E. No person shall discharge any air-powered or spring-powered gun, any type of bow, or any firearm within any conservation area for the purpose of target shooting. As used in this section, "target shooting" shall mean the use of the previously listed items to shoot at inanimate objects.

F. No person shall remove or deface any building, equipment, gate, barricade, rock, wildlife, tree, shrub, flower, or fauna within any conservation area.

G. No person shall sleep or camp overnight in any conservation area.

H. The Town Council or its designated agent may suspend any of these rules of conduct for any person or group of people for any conservation area or portion of a conservation area after seeking and reviewing a recommendation of the Conservation Commission.

§ 111-2 Hours restrictions for certain conservation areas.

A. No person shall remain, stay, or loiter in or on these designated conservation areas during the period from 1/2 hour after sunset to 1/2 hour before sunrise, excluding Town personnel or contractors for official purposes. This provision is not intended to preclude Conservation Commission authorized activities from occurring outside of the prescribed times.

B. Conservation areas designated for hours restrictions in this section are included in Appendix B.[1] Except as otherwise stated in § 111-2A, the rules of conduct described by § 111-1 remain applicable and in full force and effect.

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

C. The Town Council or its designated agent may suspend these hours restrictions for any person or group of people for any designated conservation area in this section after seeking and reviewing a recommendation of the Conservation Commission.

§ 111-3 Additional use and discharge restrictions for certain conservation areas.

A. In addition to the vehicle restrictions of § 111-1D(2), no person shall drive, operate, or maintain any snowmobile (as defined in RSA 215-C:1, XV), or Class 1 electric bicycle (as defined in RSA 259:27-a, I) in these conservation areas, excluding Town personnel or contractors for official purposes.

B. No person shall discharge any air-powered or spring-powered gun, any type of bow, or any firearm within these conservation areas for any purpose excluding police personnel for official purposes.

C. In accordance with RSA 207:59, the taking of wildlife (as defined in RSA 207:1, XXVII) is prohibited.

D. Conservation areas designated for these additional use restrictions in this section included in Appendix C.[1] Except as otherwise stated in § 111-3, the rules of conduct described by § 111-1 remain applicable and in full force and effect.

[1] Editor's Note: Appendix C is included as an attachment to this chapter.

§ 111-4 Violations and penalties.

Any person found violating the provisions of this chapter may be assessed a penalty as follows: first offense: a penalty of $100; second offense in a calendar year: $250; third or more offenses in a calendar year: $500 or the maximum allowed per RSA 31:39, III, said penalty to be placed in the Town of Merrimack's General Fund.

§ 111-5 Designation of conservation areas.

Areas designed as conservation areas are listed in Appendix A.[1]

[1] Editor's Note: Appendix A is included as an attachment to this chapter.