[HISTORY: Adopted by the Board of Aldermen of the City of Nashua 8-9-2005
by Ord. No. O-05-96. Amendments noted where applicable.]
A.
A person operating in or in control of a parked or moving
motor vehicle shall not operate or permit the operation of an electrically
amplified sound system in or on the motor vehicle so as to produce sound that
is clearly audible more than 50 feet (15 meters) from the motor vehicle except
as otherwise authorized.
B.
A person shall not operate a motor vehicle so as to make
any loud, unusual, or unnecessary noise occasioned by any one or more of the
following actions by the operator:
(1)
Misuse of power, exceeding tire traction limits in acceleration
sometimes known as "laying down rubber" or "peeling rubber" or excessive acceleration
where there is no emergency.
(2)
Misuse of braking power, exceeding tire traction limits
in deceleration where there is no emergency.
(3)
Rapid acceleration by means of quick up-shifting of transmission
gears with either a clutch or manual transmission or automatic transmission.
(4)
Rapid deceleration by means of quick down-shifting of
transmission gears with either a clutch or manual transmission or automatic
transmission.
(5)
Racing of engines by manipulation of the accelerator,
gas pedal, carburetor, or gear selection whether the vehicle is either in
motion or standing still.
(6)
Use of a straight pipe exhaust system, meaning any straight-through
exhaust system that does not contain baffles or otherwise does not meet the
definition of muffler in New Hampshire Revised Statutes Annotated 259:66.
(7)
Sounding of any horn or signaling device on any street
or public place, except as a danger warning; the creation by means of any
such signaling device of any unreasonable loud or harsh sound; and the sounding
of any such device for an unnecessary and unreasonable period of time.
The following acts and conduct are prohibited:
A.
The using, operating, or permitting to be played, used
or operated any radio, receiving set, television, phonograph, stereo, record
player, tape player, cassette player, compact disc player, loud speaker, sound
amplifier, or any other electronic device for the producing, reproducing,
or amplifying of sound in such a manner as to disturb the peace, quiet and
comfort of the inhabitants of neighboring premises. The operation of any such
set, instrument, machine or device in such a manner as to be clearly audible
at a distance of 50 feet (15 meters) from the building, premises or structure
in which it is located shall be prima facie evidence of a violation of this
section.
B.
The using, operating or permitting to be played, used
or operated of any radio, receiving set, musical instrument, phonograph, loud
speaker, television, stereo, record player, tape player, cassette player,
compact disk player, sound amplifier, or any other machine or device for the
producing or reproducing of sound which is cast upon the public streets for
the purpose of commercial advertising, or attracting the attention of the
public to any building or structure.
C.
Yelling, shouting, hooting, whistling, or singing on
the public streets, between the hours of 11:00 p.m. and 7:00 a.m. or at any
time or place so as to annoy or disturb the quiet, comfort or repose of persons
in neighboring premises.
D.
The creation of any unreasonable or excessive noise on
streets adjacent to any school, institution of learning, church or court while
the same are in use or adjacent to any hospital so as to annoy or disturb
the quiet, comfort, or repose of patients in the hospital, provided that conspicuous
signs are displayed on such streets indicating that a school, hospital or
court is located thereon.
[Amended 8-9-2005 by Ord. No. O-05-96]
A.
Any person who violates any portion of this chapter shall
be, upon conviction, guilty of a violation and fined not less than $100.
B.
Any person who violates any portion of this chapter shall
receive a written order to cease or abate the noise immediately or within
such reasonable time period as the enforcing official shall order.
C.
If the order to cease or abate construction is not complied with, or is complied with and then violated again within 24 hours, the person found in violation of any of the provisions of this chapter shall be guilty of a violation of these sections. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable under § 1-12 of the City Code.
