[HISTORY: Adopted by the Town of Rye as indicated in article
histories. Amendments noted where applicable.]
[Adopted by Town Meeting 3-18-1995 by Art. 13 (Ord. No. 25)[1]]
[1]
Editor's Note: Prior to adoption by Town Meeting, this ordinance
was adopted by the Board of Selectmen 5-23-1994.
[Amended 3-10-2020 by Art. 28]
No persons shall operate any vehicle on any way in the Town
of Rye so as to make any loud, unusual, or other unnecessary noise
as hereinafter defined.
As used in this article, the following terms shall have the
meanings indicated:
Includes bus, highway equipment, motorcycle, motor truck,
motor vehicle, semitrailer, sidecar, tractor, trailer, or other vehicle
as defined by RSA 259:1.
Includes crosswalk, intersecting way or other public highway,
or other way, as defined by RSA 259:1.
The words "loud, unusual, or other unnecessary noise" shall
include any noise occasioned by any one or more of the following actions
of the operator of any vehicle:
A.
Misuse of power exceeding tire traction limits in acceleration, sometimes
known 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 clutch and manual transmission or automatic transmission;
D.
Rapid deceleration by means of quick downshifting of transmission
or an automatic transmission;
E.
Racing of engines by manipulation of the accelerator, gas pedal,
carburetor, or gear selection whether the vehicle is in motion or
standing still; or
F.
The blowing of any horn except as a warning signal or the use of
any other noise-making device whether the vehicle is in motion or
standing still. No sound reproduction systems operated within a motor
vehicle shall be used in such a manner as to create unnecessary noise
for any person other than the driver and the passengers in said vehicle.
No motorcycle will be operated on a way within the Town of Rye
in violation of RSA 266:59-a.
[Amended 3-10-2020 by Art. 28]
Any person violating this article shall be guilty of a violation
and upon conviction thereof shall be liable to a fine or penalty of
not more than $100 for each offense.
If any section or part of a section or a paragraph of this article
is declared invalid or unconstitutional, it shall not be held to invalidate
or impair the validity, force or effect of any other section or sections
or part of a section or paragraph of this article.
[Adopted by Town Meeting 3-11-2003 by Art. 24 (Ord. No. 30)]
A.
Between
the hours of 11:00 p.m. and 7:00 a.m., it shall be unlawful for any
person owning, leasing, operating or controlling the source of sound
to make, allow or continue any sound which would:
(1)
Endanger
or injure the health of humans; or
(2)
Annoy,
disturb, injure or endanger the peace, comfort or repose of a reasonable
person of normal sensitivities by the operation of any radio, phonograph
or other mechanical sound device or instrument or in the playing of
any band, orchestra, musician or group of musicians or in the use
of any device to amplify the aforesaid, or the making of loud outcries,
exclamations, other loud or boisterous noises, or loud and boisterous
singing by any person or group of persons or in the use of any device
to amplify the aforesaid noise where the noise is clearly audible
at the property line of the property from which the noise is generated.
B.
Any person
violating this section shall be punished by a fine or civil penalty
of $100 for a first offense, $200 for a second offense, $300 for a
third offense and $500 for each subsequent offense within a twenty-four-month
period. Each such act which constitutes a violation of this section,
which either continues or is repeated more than 30 minutes after the
issuance of a warning to cease said activities, shall be considered
a separate offense and shall be prosecuted as a separate offense.
[Amended 3-10-2020 by Art. 28]
If the violation occurs on the premises of rental property, the owner and/or his agent of said property must be notified in writing by certified mail that a violation of § 100-7 has occurred on said rental property, and that a complaint for violation of said section may be taken against him if said property owner and/or his agent fails to mitigate the activities of the person or persons who have rented said property.
A.
Loading and unloading. It shall be unlawful to load, unload, open, close, or otherwise handle boxes, crates, containers, building materials, trash cans, dumpsters or similar objects between the hours of 11:00 p.m. and 6:00 a.m. so as to project sound across a real property line, except as exempted under § 100-10 below.
B.
Power tools. It shall be unlawful to cause a noise disturbance across
a real property line by operating any mechanically powered saw, sander,
grinder, drill, pneumatic nail or staple drivers, lawn mower or garden
tool or similar device used outdoors, with the exception of snow blowers,
before 7:00 a.m. Monday through Sunday.
C.
Radios, television sets, musical instruments and similar devices.
It shall be unlawful to operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner
as to create a noise disturbance across a real property boundary.
The following uses and activities shall be exempt from this
article:
A.
Noises of safety signals, warning devices and emergency pressure-relief
valves, when used for such purposes.
B.
Noises resulting from any authorized vehicle when responding to an
emergency call or acting in time of emergency.
C.
Noises resulting from emergency and maintenance work as performed
by the Town, by the state or by public utility companies.
D.
Noises resulting from activities of a temporary duration permitted
by law and for which a license or permit therefor has been granted
by the Town.
E.
Parades and public gatherings for which the Selectmen have issued
a permit.
F.
Any event licensed or issued a permit by the Board of Selectmen.
