City of Lebanon, NH Chapter 49 City Property, Use of

[HISTORY: Adopted by the City Council of the City of Lebanon 12-7-2016 by Ord. No. 2016-03. Amendments noted where applicable.]

§ 49-1 Authority.

In accordance with and under the authority of New Hampshire Revised Statutes Annotated 41:11, 41:11-a, and 47:17, and § C419:22 of the Lebanon City Charter, the City Council of the City of Lebanon hereby adopts the following chapter for the regulation of overnight parking or camping on all City-owned property.

§ 49-2 Purpose.

The purpose of this chapter is to protect the public peace, preserve public law and order, promote safety and welfare and ensure proper and decent conduct for the residents of the City of Lebanon and the general public, in the use of City-owned properties.

§ 49-3 Acts prohibited.

From and after the effective date of this chapter, it shall be unlawful for any person to camp, or to park, for the purposes of occupancy, any vehicle or recreational vehicle, either overnight or for any two-hour period between dusk and dawn, on any City-owned lands within the City of Lebanon.

§ 49-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CAMP

Includes pitching a tent, or placing or erecting any other camping device, or sleeping on the ground. See RSA 236:58.

CITY-OWNED LANDS

All properties owned by the City of Lebanon.

RECREATIONAL VEHICLE

(RSA 216-I:1, Subdivision VIII) Any of the following vehicles:

A. Motor home, van, or minivan which is a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

B. Pickup camper, which is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

C. Recreational trailer, which is a vehicular, portable structure built on a single chassis, 400 square feet or less when measured at the largest exterior horizontal projections, calculated by taking the measurements of the windows but not the roof overhang. It shall be designed primarily not for use as a permanent dwelling but as a temporary dwelling for recreational, camping travel or seasonal use.

D. Tent trailer, which is a canvas or synthetic fiber folding structure, mounted on wheels, and designed for travel, recreation and vacation purposes.

§ 49-5 Exceptions.

Restrictions in this chapter shall not apply:

A. When permission has been granted by the Chief of Police, City Manager, or designee for official or emergency purposes

B. When permission has been granted by the City Manager or Chief of Police in conjunction with a written special event permit.

C. To conservation lands for which a permit for camping has been issued by the City Manager pursuant to § 52-6 of the City Code.

§ 49-6 Responsibility.

All violations of parking restrictions and charges shall be deemed the responsibility of the registered owner of said vehicle. Such registration may be proven as set forth in RSA 261:60. Said registered owner shall be conclusively presumed to be in control of the vehicle at the time of the parking violation, and no evidence of actual control or culpability needs to be proven as an element of the offense in accordance with RSA 231:132-a.

§ 49-7 Removal.

Any vehicle parked in violation of this chapter may be ordered towed by the Lebanon Police Department at the expense of the owner or custodian of said vehicle.

§ 49-8 Enforcement.

A. Any person who violates this chapter may be guilty of a violation and may be fined up to $100.

B. Any duly appointed police officer for the City of Lebanon may enforce this chapter by utilizing any process authorized by state law, including, but not limited to, a local ordinance citation pursuant to RSA 31:39-d.

C. All penalties collected for violations of this chapter shall be for the use of the City and deposited into the City's general fund.