[HISTORY: Adopted by the City Council of the City of Laconia 7-29-1985 as Ord. No.
108-85.11. Amendments noted where applicable.]
It is found and declared that:
A.
The making and creation of loud, unnecessary, unreasonable or unusual
noises within the limits of the City of Laconia is a condition which
has existed for some time and the extent and volume of such noises
is increasing;
B.
The making, creation, maintenance or continuation of such loud, unnecessary,
unreasonable or unusual noises which are prolonged, unusual, unreasonable
or unnecessary in their time, place, use and effect are a detriment
to the public comfort, repose, health, peace, safety, convenience,
welfare and prosperity of the residents of the City of Laconia; and
C.
The necessity and the public interest for the provisions and prohibitions
hereinafter contained and enacted is a matter of legislative determination
and public policy, and it is further declared that the provisions
and prohibitions hereinafter contained and enacted are in pursuance
of and for the purpose of securing and promoting the public comfort,
repose, health, peace, safety, convenience, welfare and prosperity
of the City of Laconia and its inhabitants.
It shall be unlawful for any person, firm or corporation to
make, continue or cause to be made or continued or to allow to be
continued any loud, unreasonable noise or any noise which would annoy,
disturb, injure or endanger the comfort, repose, health, peace, safety,
convenience, welfare and prosperity of a reasonable person within
the limits of the City of Laconia.
A.
"Loud, unreasonable noises" shall include, but not be limited to,
any noise occasioned by any one or more of the following actions of
the operator of a motor vehicle operated within the limits of the
City of Laconia:
(1)
Misuse of power exceeding tire traction limits in acceleration, sometimes
known as "laying down rubber" or "peeling rubber."
(2)
Misuse of braking power exceeding tire traction limits in deceleration
where there is no emergency.
(3)
Rapid acceleration by means of quick upshifting of transmission gears
with either a clutch and manual transmission or an automatic transmission.
(4)
Rapid deceleration by means of quick downshifting of transmission
gears with either a clutch and manual transmission or an 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)
The blowing of any horn, except as a warning signal, or the use of
any other noise-making device, whither the vehicle is either in motion
or standing still.
(7)
The operation of a mobile refrigeration unit or other types of compressors
between the hours of 8:00 p.m. and 7:00 a.m. while the vehicle is
not in motion, except for emergency use or while actually loading
or unloading.
B.
Any person who is the owner or a tenant or a resident or otherwise
in control of any house, apartment, condominium unit, structure or
any other property located within the City of Laconia shall be responsible
and liable for any loud, unreasonable noises created by one or more
persons gathered on said property which disturbs the public comfort,
repose, health, peace, safety, convenience, welfare or prosperity
of a reasonable person of the City of Laconia. Further, any person
who is the owner, tenant, resident or otherwise in control of any
house, apartment, condominium unit, structure or other property located
within the City of Laconia is responsible and liable for any loud,
unreasonable noises if he permits or allows any gathering of one or
more persons to continue to make loud, unnecessary, unreasonable or
unusual noises upon such property after having been advised of the
disturbing affects such noise such noise is having on any other resident
of the City and said noise then continues to disturb the public comfort,
repose, health, peace, safety, convenience, welfare and prosperity
of a reasonable person of the City of Laconia.
Without limitation of the prohibition contained in § 167-2, it shall be unlawful for any person within any residential, commercial, retail or industrial zone of the City to use or operate any radio receiving set, musical instrument, phonograph, television set, loudspeaker or any other sound-amplifying machine or device for the purpose of producing or reproducing sound in such manner as to disturb the comfort, repose, health, peace, safety, convenience, welfare and prosperity of any reasonable person of normal sensitiveness residing in the area. For the purpose of this section, any person who uses or operates any such sound amplifying machine or device for the purpose of producing or reproducing sound which is either located outside of an enclosed structure or located in a window, door or other opening of an enclosed structure so that the sound is directed outside of said structure shall constitute a prima facie violation of this section if any noise or sound can be heard by or any reasonable person while upon any adjoining private property. Nothing in this section shall prevent the use of loudspeakers or other sound-producing or a reproducing machine or device to be used, provided that it is duly licensed under the provisions of Chapter 161, Licensing, § 161-6, of this Code; and provided, further, that the Licensing Board has authorized a license to any function or activity involving public noises that it deems reasonable, and its determination shall be final.
[Amended 7-23-2007 by Ord. No. 10.2007.10]
Any person who violates any of the provisions of this chapter
shall be guilty of a violation, and a penalty shall be imposed upon
him not to exceed the sum of $250. Such person shall be deemed to
be guilty of a separate offense for each and every day during any
portion of which any violation of this chapter is committed, continued
or permitted by such person and shall be punishable therefor as provided
herein.
