Town of Derry, NH Regulation of Traffic and Use of Public Streets

The standing of a vehicle, whether occupied or not, upon a street or highway, adjacent to the curb or otherwise, other than temporarily for the purpose of and while actually engaged in loading and unloading or in obedience to traffic regulations or traffic signs or signals.

PRIVATE ROAD OR DRIVEWAY

Every road or driveway not open to the use of the public for the purpose of vehicular travel.

RIGHT-OF-WAY

The privilege of the immediate use of the street or highway.

STREET or HIGHWAY

Every way or place of whatever nature open to use of the public, as a matter of right, for the purpose of vehicular travel, including, without limitation, those highways defined in RSA 229:1.

§ 150-2 Enforcement; exception for emergency vehicles.

It shall be the duty of the police officers of the Town of Derry to enforce the provisions of this article.

The provisions of this article regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles while the driver of such vehicle is operating the same in an emergency in the necessary performance of his public or private duty.

§ 150-3 Traffic signs and signals.

[Amended 7-2-2002]

Under the direction of the Police Chief, traffic signs and signals shall be placed in a conspicuous position informing the public relative to the traffic regulations.

It shall be unlawful for the driver of any vehicle to disobey the instructions of any official traffic sign or signal placed in accordance with the provisions of this article, unless otherwise directed by a police officer.

§ 150-4 Prohibited parking.

It shall be unlawful to park or permit a vehicle to be parked in the following locations:

Name of Street	Side	Location
Abbott Court	Both	Southerly from West Broadway for a distance of 150 feet
A Street [Added effective 7-5-2007]	South	From B Street to Route 28 (Manchester Road)
Birch Street	East	Entire length
Birch Street	West	From Summit Avenue to Shute's Corner
Boyd Road	Both	From East Broadway for a distance of 500 feet, except that the provisions contained herein shall not apply to vehicles operated by persons visiting any residence in the prohibited area
Brook Street	West	For a distance of 106 feet northerly from the most northerly intersection of Union Street and Brook Street
By-pass 28	East	From Nesmith Street northerly to 450 feet south of Tsienneto Road
By-pass 28	West	From 180 feet north of Nesmith Street northerly to 450 feet south of Tsienneto Road
Central Street	East	Within a distance of 56 feet of West Broadway in a southerly direction
Central Street	West	Within a distance of 185 feet of West Broadway in a southerly direction
Collette's Grove Road [Added 9-7-2010]	Both	Entire length between Sanborn Road and Lane 10 – Collette's Grove
Courthouse Lane [Added 1-6-2009]	Both	Between Pearl Street and Rollins Street
Crescent Street	Even- numbered	Entire length
Crystal Avenue [Added 9-6-2005]	East	From the intersection of East Broadway in a northerly direction for 320 feet
Crystal Avenue [Added 5-16-2006]	East	From the intersection of Lenox Road southerly for 225 feet
Crystal Avenue	West	Between Pearl Street and East Broadway in a southerly direction
Crystal Avenue	West	From Rollins Street to East Broadway
East Broadway [Amended 10-5-2004; 9-6-2005]	North	From the intersection of Crystal Avenue in an easterly direction for 240 feet
East Broadway [Added 5-16-2006]	North	From the municipal parking lot in a westerly direction to Crystal Avenue
East Broadway [Added 11-2-2021]	North	Beginning at Danforth Traffic Circle to Marlboro Road
East Broadway [Added 11-2-2021]	South	Beginning at Park Avenue to the Danforth Traffic Circle
East Derry Road	North	Westerly from Old Chester Road to Pond Road
East Derry Road	South	From the driveway leading to the cemetery easterly to Lane Road
Eastgate Road [Added 11-17-2011]	South	For a distance of 100 feet from Route 28 By-pass in an easterly direction
Fenway Street [Added 4-23-2020]	East	Beginning 200 feet from East Broadway to the property line of No. 6 and No. 8 Fenway Street
Fenway Street [Added 4-23-2020]	West	Beginning at East Broadway to the property line of No. 1 and No. 3 Fenway Street
Franklin Street	West	From East Broadway to Pearl Street in a northerly direction
Franklin Street [Added 11-2-2021]	East	Beginning 300 feet north of the intersection of East Broadway and continuing northerly for 240 feet to the intersection of Pearl Street
Grinnell Road	East	From Mt. Pleasant to Hood School parking lot
Grinnell Road	Northwest	Traveling westerly from Mt. Pleasant Street to the Grinnell School parking lot
High Street [Added 4-14-2011]	East	For a distance of 250 feet from Maple Street in a southerly direction
Hoodkroft Drive	Both	Between Corwin and Pinkerton Streets
Hoodkroft Drive	Odd-numbered	For a distance of 150 feet from the northerly side of East Broadway
Hood Road	Both	Entire length
Manning Street [Added 7-2-2002]	Both	From East Broadway to Rollins Street
Maple Street	Even-numbered	Between Walker Court and High Street
Maple Street	Odd- numbered	From the municipal parking lot to North High Street
Martin Street [Added 9-12-2019]	East side	For a distance of 100 feet in a northerly direction from the intersection of West Broadway
Mt. Pleasant Street [Added 10-4-2007]	East	For a distance of 180 feet in a northerly direction from East Broadway
Mt. Pleasant Street [Added 10-4-2007]	West	For a distance of 130 feet in a northerly direction from East Broadway
Marlboro Road	West	Entire length
Nesmith Street	Odd- numbered	Entire length
North Main Street	West	For a distance of 330 feet from the Rotary Circle
North Shore Road [Added 7-2-2002]	East	35 feet from the edge of pavement on Orchard Drive north and south
Orchard Drive [Added 7-2-2002]	Both	35 feet from the edge of pavement on North Shore Road
Peabody Road	Even- numbered	Between Pinkerton Street and Corwin Drive
Peabody Road	Odd- numbered	Between Pinkerton Street and Perley Road
Peabody Road Annex	Even- numbered	Entire length
Pearl Street [Added 7-2-2002]	Both	From Crystal Avenue to Manning Street
Perley Road	Both	From Hood Road to the east side of the intersection with Peabody Road
Perley Road	South	From Hood Road to Peabody Road
Pillsbury Street	Both	Entire length
Pinkerton Street	Both	Entire length
Pond Road	Northeast	For a distance of 400 feet northwesterly from the intersection of Pond Road and Beaver Lake Avenue, a portion of which is known as "Coles Grove Road"
Pond Road	West	For a distance of 125 feet in a southerly direction beginning at the southerly side of the bridge
Railroad Avenue	East	Within a distance of 45 feet from East Broadway in a southerly direction
Railroad Avenue	West	From East Broadway to South Avenue in a southerly direction
Rollins Street [Amended 6-3-2003; 7-19-2012]	Both	Between Maple Street and Crystal Avenue
Saltmarsh Avenue	Even- numbered	Entire length
South Avenue [Added 1-7-2014]	Both	For a distance of 125 feet from Birch Street in a westerly direction
Storer Court [Added 7-2-2002]	East	From West Broadway south for a distance of 40 feet
Summit Avenue	Both	Westerly from Birch Street for a distance of 300 feet
Thornton Street	Both	From East Derry Road to South Main Street
Thornton Street	Odd- numbered	Between Chester Road and North Main Street
Tsienneto Road	Both	From Route 28 to Fieldstone Drive
Union Street [Added 11-19-2015]	Even-numbered	Entire length
Wall Street	East	From East Broadway to the first painted parking space on the westerly side
Wall Street	West	From East Broadway to North Avenue in a southerly direction
West Broadway [Amended 9-6-2005; 9-5-2006]	North	For a distance of 70 feet from Maple Street in an easterly direction in front of 29 West Broadway
West Broadway [Added 9-6-2005]	North	From Maple Street heading east for 110 feet
West Broadway [Added 9-6-2005]	North	For a distance of 20 feet easterly of the west driveway (exit) of the Marion Gerrish Community Center
West Broadway [Added 6-21-2005]	North	For a distance of 20 feet easterly of the west driveway (exit) of the Marion Gerrish Community Center
West Broadway	South	For a distance of 90 feet westerly from Fordway
West Everett Street	West (odd- numbered)	Entire length

It shall be unlawful to park or permit a vehicle to be parked:

(1)

Adjacent to any curbing painted yellow.

(2)

Beyond the point of 196 feet from the intersection of West Broadway on either side of Merchant's Row.

Unauthorized parking in spaces reserved for handicapped persons. No person shall park in any parking space, to include striped areas adjacent thereto, whether on public or private property, specially designated for a person with a walking disability by means of a sign as required by RSA 265:73-a stating that the space is reserved for a person with a walking disability or displaying the international accessibility symbol, unless that person has special number plates, decals, or a card issued pursuant to RSA 261:86, 261:87 or 261:88 or a similar license plate, decal, or card issued by another state or country displaying the international accessibility symbol and the person who qualifies for the plate, decal, or card is being transported to or from the parking place. For the purpose of this article, a person is physically handicapped if the person has a walking disability as defined by RSA 261:88, I(c) or if the person is temporarily disabled by an ambulatory disorder. For the purposes of enforcement, a state permit issued pursuant to RSA 261:88 is required, and said permit must be conspicuously displayed on the vehicle.

Misuse of special plates or hanging windshield placards issued to persons with walking disabilities. As provided in RSA 265:69, I(j), no person shall display a special plate or hanging windshield placard issued to a person with a walking disability under RSA 261:88 or a similar license plate displaying the international accessibility symbol for the purpose of parking in a designated parking space reserved for disabled persons with walking disabilities or for the purpose of obtaining free parking in any parking facility where a fee is charged, unless such person shall be the person to whom such special plates or hanging windshield placard or similar license plate displaying the international accessibility symbol has been issued. Parking places designated for persons with walking disabilities shall be utilized only if a person with a walking disability is being transported in the vehicle to or from the designated parking place.

§ 150-5 Limited parking.

Parking during certain hours. It shall be unlawful to park or permit a vehicle to be parked in the following locations:

(1)

Between the hours of 7:30 a.m. and 9:00 a.m. and 2:00 p.m. and 3:00 p.m. while school is in session:

Name of Street	Side	Location
Highland Avenue [Repealed 6-4-2013]
Lenox Road	Both	Between Boyd Road and Abbott Street

(2)

Between the hours of 8:00 a.m. and 3:00 p.m. on school days:

[Added 7-2-2002]

Name of Street	Side	Location
Park Avenue	West	For 168 feet from East Broadway in a southerly direction

(3)

On any street in the Town of Derry between the hours of 12:00 midnight to 6:00 a.m. between November 15 and April 1. Town-owned vehicles are exempt.[1]

[Added 3-4-2003]

[1]

Editor’s Note: See also § 150-9A(3).

(4)

Between the hours of 10:00 p.m. and 5:00 a.m.:

[Added 9-1-2022]

Name of Street	Side	Location
Chester Road	East	Beginning at Thornton Street northerly to Pond Road
Chester Road	West	Beginning at Pond Road southerly to Thornton Street

Two-hour parking.

(1)

Parking in the first 12 spaces on the westerly side of the Town parking lot on East Broadway, next to the Masonic Temple, shall be restricted to two hours. These spaces shall be counted from East Broadway in a northerly direction along the east side of the parking lot.

(2)

It shall be unlawful to park a motor vehicle in the following locations in excess of two hours:

Name of Street	Side	Location
Birch Street	West	Between East Broadway and South Avenue
Central Street	East	For a distance of 200 feet from West Broadway in a southerly direction
Crescent Street	Odd- numbered	Entire length
Crystal Avenue	Both	In the marked parking spaces, except on the easterly side of Crystal Avenue for a distance of 125 feet from East Broadway where it shall be 30-minute parking
East Broadway	Both	From the Boston and Maine Railroad tracks in an easterly direction, except in areas prohibited to parking, to Marlboro Road on the northerly side and to Park Avenue on the southerly side
Franklin Street	East	For a distance of 150 feet from East Broadway in a northerly direction
Manning Street [Added 6-7-2005]	East	In front of the Granary
Maple Street	Both	For a distance of 125 feet from West Broadway in a northerly direction
Martin Street	West	A distance of 150 feet from West Broadway in a northerly direction
McAllister Court [Added 10-19-2006]	West	For a distance of 100 feet from East Broadway in a northerly direction
Merchants Row	East	Entire length
Oak Street	East	For a distance of 150 feet in a southerly direction
Railroad Avenue	East	For a distance of 240 feet from a point of 45 feet from East Broadway in a southerly direction
Wall Street	East	For a distance of 210 feet from East Broadway in a southerly direction
West Broadway [Amended 6-3-2003]	Both	Within the area not prohibited to parking, in a westerly direction from the Boston and Maine Railroad tracks to Storer Court on the southerly side and to 110 feet west of Maple Street on the northerly side, except from Storer Court to Central Street on the southerly side, where it shall be 30 minutes

(Reserved)[2]

[2]

Editor's Note: Former Subsection C, establishing fifteen-minute parking zones, as amended, was repealed 6-3-2003.

Winter parking. It shall be unlawful to park or permit to be parked a vehicle on any street in the Town of Derry between the hours of 12:00 midnight and 6:00 a.m. between November 15 and April 1.[3]

[3]

Editor’s Note: See also § 150-9A(3).

Resident permit parking. Parking on Marlboro Road shall be by resident permit parking only on the easterly side of the street with no parking on the westerly side of the street.

Loading zones. From 3 Pillsbury Street to 7 Pillsbury Street shall be posted "No Parking - Loading Zone Area" Monday through Saturday, 7:00 a.m. to 5:00 p.m., Sundays and holidays excluded.

§ 150-6 Time limitations; special permits for emergencies.

Time limitations on parking vehicles, as established by this article, shall be effective daily, except that in prohibited parking areas there shall be no parking at any time, and the provisions regarding two-hour parking shall be in full force and effect between the hours of 7:00 a.m. and 9:00 p.m., except on Sundays and holidays unless parking is otherwise prohibited.

[Amended 9-2001]

There shall be no parking between the hours of 1:00 a.m. and 5:00 a.m. on the streets of the Town where parking is limited to a specific time period by this article.

In any emergency where the provisions of this article shall create a major inconvenience or hardship, the police officer temporarily in charge shall have authority, if deemed necessary, to suspend the provisions of this article by the issuance of a special permit which shall apply only to the specific emergency referred to therein and for a definite period of time as therein stated.

Time limitations established by this article (two-hour parking limit) shall be effective daily during the school year (Saturdays, Sundays and holidays excluded) from the hours of 7:00 a.m. to 3:00 p.m. in the following zones, except that in prohibited parking areas there shall be no parking at any time:

Name of Street	Side	Location
Chester Road [Added 12-7-2004]	Both	Northeast of the rotary to the west side of the Birchwood Nursing Home entrance and on both sides of Thornton Street between Chester Road and Hampstead Road
Coburn Road	Both	Entire length
Corwin Drive	Both	Entire length
Hoodkroft Drive	Both	Between Corwin Drive and 150 feet north of East Broadway
Hoodkroft Drive	Even- numbered	Between Corwin Drive and East Broadway
Nesmith Street	Even- numbered	Entire length
Peabody Road	Even- numbered	Between Corwin Drive and Perley Road
Peabody Road Annex	Odd- numbered	Entire length
Perley Road	Both	Between Hoodkroft Drive and Peabody Road
Rider Field parking lot [Added 6-21-2023]	—	36 Tsienneto Road
Saltmarsh Avenue	Odd- numbered	Entire length
Thornton Street	Even- numbered	Between Chester Road and North Main Street

§ 150-7 Restricted use.

No through trucking.

(1)

No through trucking shall be allowed on Nesmith Street.

(2)

No through trucking shall be allowed on Drew Road from Island Pond Road to the Hampstead, New Hampshire, town line and North Shore Road, Island Pond, from Island Pond Road to Drew Road and these roads shall be so posted. Through trucking shall mean by trucks of 1 1/2 tons' capacity or more that make no pickups or deliveries while upon said street or streets intersecting with Nesmith Street between Chester Road and North Main Street, Drew Road from Island Pond Road to the Hampstead, New Hampshire, town line and North Shore Road, Island Pond, from Island Pond Road to Drew Road and these roads shall be so posted.

Seasonal weight limits.

(1)

The Director of Public Works shall have the authority to post certain roadways within the Town each winter and each spring with the signage "Twenty-Ton Weight Limit." Roadways may be posted when roadway bases are in such condition that they cannot handle heavy vehicle loadings. This posting shall mean that vehicles rated at 40,000 pounds' gross vehicle weight or more will be restricted from traveling upon certain roadways.

(2)

Postings shall be for limited periods of time and only for the purpose of protecting road pavement from damage during the freeze/thaw cycle. The Public Works Department must notify the Town Council and Town Clerk prior to road posting. The Town Council may, by a majority vote, overrule the Director of Public Works on his decision to post roads. The listing of roadways must be posted at the Municipal Center. All postings shall be in conformance with RSA 231:191 as it pertains to sign construction, abutter access and hardship requests. If a hardship request is made, the Public Works Director shall have the authority to grant waivers as he deems appropriate and in conformance with RSA 231:191.

Turning movements.

(1)

There shall be a right turn only from Pearl Street onto Crystal Avenue.

(2)

There shall be no left turn from Franklin Street onto East Broadway.

(3)

There shall be a right turn only for vehicles entering Crystal Avenue from the westerly side of Crystal Avenue between Pearl Street and East Broadway.

[Added 2-18-2003]

(4)

There shall be a right turn only from Birch Street Municipal Parking Lot onto Birch Street.

[Added 9-21-2010]

There shall be a twenty-ton weight limit (permanent posting) for the following streets, except for service vehicles that make deliveries on these roadways:

[Added 5-21-2002]

Name of Street	Location
Beckford Road [Added 10-4-2002]	Entire length
English Range Road [Added 10-4-2002]	Entire length
Fordway Extension	Kendall Pond Road to Windham Line
Kendall Pond Road	Fordway to Shutes Corner
Old Auburn Road [Added 10-4-2002]	Entire length
Pingree Hill Road [Added 10-4-2002]	Entire length

§ 150-8 One-way streets.

It shall be unlawful to drive any vehicle or to permit any vehicle to be driven onto the following streets, except as herein ordained:

Name of Street	Direction of Travel	Location
Abbott Court	South	From West Broadway to the entrance to the first parking lot (closest to Broadway) on the westerly side of Abbott Court
Abbott Street	South	From Lenox Road to East Broadway
Boyd Road	North	From East Broadway to Lenox Road
Elm Street	Northeast	From West Broadway to Maple Street
Grinnell Road	South	From Mt. Pleasant Street to Lenox Road
High Street	Southwest	From Ash Street to Maple Street to West Broadway
MacAllister Court [Amended 8-22-2011]	North	For a distance of 115 feet from East Broadway
Madden Hill	South	From High Street to West Broadway
Martin Street	North	From West Broadway to Pillsbury Street
Moody Street	West	From Crystal Avenue to Franklin Street
Oak Street	Southeast	Beginning 188 feet from the intersection of Oak Street and East Broadway
Park Avenue	Northwest	From Grove Street to East Broadway
Thornton Street	North	From Chester Road to North Main Street
Wall Street	South	From East Broadway for a distance of 30 feet

§ 150-9 General parking restrictions; violations and penalties.

Except when necessary to avoid conflict with other traffic, or in compliance with law or the direction of a police officer or official traffic control device, no person shall stop, stand, or park a vehicle:

(1)

Over one foot from the curb or roadside into the roadway.

(2)

Longer than the posted time.

(3)

On any street, including municipal parking lots, between the hours of 12:00 a.m. and 6:00 a.m. from November 15 to April 1.

(a)

Exception. The seven parking spaces in the Wall Street parking lot are exempt from the overnight parking bank. The Department of Public Works shall administer a first-come first-served permit system with a fee of $100 per season (November 15 - April 1).

[Added 9-20-2011[1]]

[1]

Editor’s Note: This ordinance also rescinded the winter overnight parking for 14 spaces in the Abbott Court Parking Lot originally voted 9-21-2001.

(4)

In a marked fire lane.

(5)

On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(6)

In a designated handicapped parking space without displaying a handicapped placard which has been properly issued.

[Added 3-8-2012[2]]

[2]

Editor's Note: This ordinance also renumbered Subsection A(6) through (20) as Subsection A(7) through (21), respectively.

(7)

On a sidewalk.

(8)

Within an intersection.

(9)

On a crosswalk.

(10)

Alongside of or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.

(11)

Upon any bridge or other elevated structure upon a highway.

(12)

At any place where official signs prohibit stopping or parking.

(13)

In front of a public or private driveway.

(14)

Within five feet in any direction of a fire hydrant or within 15 feet from the accessible side (with outlets) of any fire hydrant.

[Amended 6-1-2004[3]]

[3]

Editor's Note: This ordinance took effect 7-2-2004.

(15)

Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.

(16)

Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance.

(17)

With the left-hand wheels parallel to the left-hand side of the road, unless it is on a one-way street.

(18)

So as to impede the normal flow of traffic upon the paved or main traveled portion of the way.

(19)

In any space marked "Prohibited Parking" or "No Parking."

(20)

Where "Handicapped Parking Only" signs are posted and the vehicle is not displaying an appropriate state handicapped permit or registration as set forth in RSA 265:74 and § 150-4C.

(21)

In case of the misuse of a windshield placard or special number plate displaying the international accessibility symbol as set forth in § 150-4D.

(22)

Park a boat trailer, utility trailer, camper, or commercial motor vehicle as defined in this section in any municipal parking lot between the hours of 12:00 midnight and 6:00 a.m.

[Added 10-5-2023]

(a)

Commercial motor vehicle. A vehicle designed or used to transport passengers, property, or displaying advertising if:

[1]

The vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds; or

[2]

The vehicle is designed to transport more than 15 passengers including the driver; or

[3]

The vehicle is of any size and is used in the transportation of materials found to be hazardous pursuant to R.S.A 259:12-3(c); or

[4]

The vehicle falls under the definition of trailer: Any device designed to be attached to and towed by a motor vehicle for the purpose of transporting property of any type or any vehicle or structure designed and constructed in such a manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation, or trade, or used as a selling or advertising device, and so designed that it may be mounted on wheels and used as a conveyance on streets, whether propelled or drawn by its own or other motive power.

[5]

Exclusion: commercial motor vehicle shall not include a Town vehicle, or emergency vehicles engaged in the provision of emergency medical, police, or fire services.

Each such owner or operator of a vehicle who violates the provisions of this article which regulates stopping, standing and parking shall, within 21 days of the date that such notice was attached to such vehicle, pay to the Town of Derry, at its Police Department, as a penalty for an in-full satisfaction of such violation, the sum of $10 for Subsection A(1) through (6), the sum of $20 for Subsection A(7) through (19) and the sum of $75 for Subsection A(20) and $250 for Subsection A(21) and for Subsection A(22) the sum of $100. The failure of such owner or operator to make such payment within 21 days shall render such owner or operator subject to the penalties hereinafter provided for violation of the general provisions of this article.

[Amended 3-8-2012; 10-5-2023]

Any person, firm, or corporation who or which shall violate any of the provisions of this article regulating standing, stopping or parking, and who or which shall fail to pay within 21 days the penalty prescribed in Subsection B of this section, or shall violate any other provisions of this article, shall be guilty of a violation.