[HISTORY: Adopted by the City Council of the City of Laconia 4-8-1996 by Ord. No.
03.96.3; amended in its entirety 11-24-1997 by Ord. No. 11.97.11. Subsequent amendments
noted where applicable.]
This chapter is adopted pursuant to the authority granted by
RSA 47:14, or any other applicable statutes.
The purpose of this chapter is to provide for the orderly, compatible
and safe use of public and private property during the annual motorcycle
week special event and to provide for adequate parking, sanitary facilities,
utilities and public safety services.
A.
For the purpose of this chapter, certain terms or words herein shall
be interpreted or defined as follows:
(1)
Words used in the present tense include the future tense. The singular
includes the plural.
(2)
The word "person" includes a corporation, as well as an individual.
(3)
The word "lot" includes the word "plot" or "parcel."
(4)
The term "shall" is mandatory; "may" is permissive.
(5)
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
B.
BUILDING
CAMPING UNIT
EDGE OF PAVEMENT
(1)
(2)
(3)
(4)
(5)
LOT OF RECORD
PLACE OF MASS ASSEMBLY
PROPERTY OWNER
PUBLIC PLACE
SPECIAL EVENT
STRUCTURE
TEMPORARY CAMPGROUND
TEMPORARY OUTDOOR ENTERTAINMENT
TEMPORARY PARKING FACILITY
TEMPORARY SIGNAGE
VENDOR
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure, whether permanent or temporary, with or without
a roof, supported by columns, walls or other structural support.
Any tent, trailer, cabin, lean-to, recreation vehicle or
similar structure established or maintained and operated in a campground
as temporary living quarters for recreation, education or vacation
purposes. For purposes of Motorcycle Week, a camping unit shall also
include any of the foregoing exceeding 120 square feet, with each
120 square feet in addition to the first camping unit constituting
an additional camping unit thereto.
For NH Route 3 beginning at Lakeside Avenue, north to the City
limits: edge of pavement.
For NH Route 11-B, from Weirs Boulevard to the Gilford Town
limit: edge of pavement.
For Weirs Boulevard from 11-B south to Lake Street: white line.
For Lake Street from Weirs Boulevard to Union Avenue: white
line.
For all other areas in the City: the white line; and where a
white line may not be indicated: from the edge of pavement.
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be separately
owned, used, developed or built upon. For purposes of Motorcycle Week
only, contiguous lots of record that are owned by the same entity
may be considered one lot.
Any place, private or public, whereon it is reasonable to
anticipate that 50 or more persons will gather, congregate or assemble
at any one time during the entertainment, special event, vending,
parking or camping to be conducted upon the site pursuant to this
chapter, or during Motorcycle Week activities.
Any property owner, agent for a property owner, or any other
individual, business, corporation, or company that owns, leases, or
otherwise controls real property.
A place to which the public or a substantial group of persons
is invited or has access, whether publicly or privately owned.
A gathering, collecting, assembly or congregating of persons,
with or without the levy of an admission fee, that is open to the
general public.
Anything, with or without a roof, whether permanent or temporary,
constructed or erected with a fixed location on the ground or attached
to something having a fixed location on the ground. For Motorcycle
Week, includes camping units.
A plot of ground upon which three or more campsites or camping
units are located, established or maintained and for the purpose of
Motorcycle Week only. (From Laconia Zoning, uses two or more campsites.)
[Amended 3-25-2002 by Ord. No. 03.2002.03; 12-9-2002 by Ord. No. 04.2002.04]
The furnishing of entertainment for a period of less than
10 consecutive days, whether or not the audience is not contained
in an enclosed structure or building.[1]
A plot of ground on which temporary parking of vehicles is
located, maintained and operated for the purpose of serving vehicles
patronizing Motorcycle Week events, attractions and businesses.
[Added 12-9-2002 by Ord. No. 04.2002.04]
Any device, fixture, placard, landscaping or structure, used
for a period not to exceed 30 days, that uses any color, form, graphic,
illumination, symbol or writing to advertise, announce the purpose
of or identify the purpose of a person or entity or to communicate
information of any kind to the public. (From Laconia Zoning.)
All persons, both principals and agents, including those
persons whose principal place of business is not in this state, who
engage in the temporary or transient business in this state, whether
in one locality or traveling from place to place, selling goods, wares
and merchandise from stock or buying samples for future delivery and
who, for the purpose of carrying on such businesses, hire or occupy
a temporary place of business.
[1]
Editor's Note: The former definition of "temporary outdoor
sexually oriented dancing or exhibitions," which immediately followed
this definition, was repealed 3-25-2002 by Ord. No. 03.2002.03.
A.
Permanent land alterations. Any person or property owner making permanent
land alterations for the purpose of supporting Motorcycle Week activities
shall be required to apply to the Planning Board under RSA 674:43
for site plan review. These activities may include, but are not limited
to, the following activities: tree stumping, regrading of land, excavating/filling
of land, graveling or paving a grassed, dirt or graveled area.
[Amended 12-9-2002 by Ord. No. 04.2002.04]
B.
Temporary land uses. Any person or property owner operating any of
the following land uses before or during Motorcycle Week shall apply
to the Motorcycle Technical Review Committee (MTRC) for review prior
to the start of any land use:
A.
Application requirements. A completed application form, and with
such attachments and action, security, sanitation plans, etc., and
nonrefundable application and other fees that the City may require
from time to time, eight sets of the proposed plan and any other supporting
documents shall be submitted to the Planning Office by the specified
deadlines. Application forms, plan checklist and schedule of deadlines
are available in the Planning Office.
[Amended 12-9-2002 by Ord. No. 04.2002.04]
B.
Completed applications. Upon receipt of an application, the Planning
Department will review the application for completeness. An application
is considered complete when all of the application and plan checklist
information has been submitted and application fees are paid.
C.
Public hearing notice. Once an application has been determined to
be complete, the application shall be noticed for public hearing in
a newspaper of general circulation.
D.
Motorcycle Technical Review Committee. Completed applications are
forwarded to the Motorcycle Technical Review Committee, consisting
of the following City review departments: Planning Director (Chair),
Public Works Director or designee (Vice Chair), Water Superintendent
or designee, Police Chief or designee, Fire Chief or designee, Code
Enforcement Director and Licensing Clerk. The Committee shall review
the application, hold a public hearing and act to grant final approval,
approval with conditions or denial of the application. A quorum of
four members of the Committee is required to conduct a review meeting.
[Amended 11-26-2007 by Ord. No. 14.2007.14]
E.
Decision to Licensing Board. The MTRC shall forward its decision
and a copy of the application to the Licensing Board within five days
after the meeting at which a final decision is made.
F.
Grounds for denial.
(1)
The MTRC may deny the application for any of the following reasons:
[Amended 12-9-2002 by Ord. No. 04.2002.04]
(a)
The requirements of this chapter have not and cannot be met;
(b)
Provisions for public safety, health, welfare and well-being
of persons or property have not been adequately addressed;
(c)
The application will require the diversion of so great a number
of police officers or emergency medical and fire personnel to properly
serve and protect the site and areas contiguous to the site that it
would deny routine and reasonable protection to all other Motorcycle
Week events or to the remainder of the City.
(2)
Denial of the application shall be in writing and shall state the
reasons for denial.
G.
Expiration of approvals. Each application approval shall expire 24
hours following the completion of the event. No permanent land use
approvals are granted or implied by this chapter. All structure signs,
and any other equipment used during the event that is not in an approved
storage area, shall be removed from the site by the Friday following
the event.
[Amended 3-25-2002 by Ord. No. 03.2002.03]
H.
Appeal procedures. A property owner or any affected person may appeal
the MTRC decision to the City Council, within a ten-day period from
the date of final decision. The City Council's final decision may
be appealed to Superior Court within 30 days from the date of the
final City Council decision.
[Amended 12-9-2002 by Ord. No. 04.2002.04]
I.
Annual review. All applications shall be reviewed and renewed annually.
Renewal approval is not guaranteed and an applicant shall enjoy no
right thereto.
A.
Structure setback. All proposed buildings and structures shall be set back 10 feet from the edge of pavement as defined in § 195-3, except for those properties that abut Lakeside Avenue, Route 3 between Weirs Boulevard and Lakeside Avenue, and Weeks Street.
[Amended 12-9-2002 by Ord. No. 04.2002.04; 12-23-2002 by Ord. No. 05.2002.05]
C.
Vendors prohibited in certain residential zones. Vendors are prohibited
in the following zones, as defined in the City of Laconia Zoning Ordinance
and Zoning Map: Residential Single-Family, Residential General, Residential
Apartment, Rural Residential 1, Rural Residential 2, Shorefront Residential
(permitted in A1, P, BC, CR, C, IP, I, and BCI). See Appendix B Zoning
Map.[2]
[Amended 12-9-2002 by Ord. No. 04.2002.04]
[2]
Editor's Note: Said Zoning Map is on file and available for
inspection in City offices.
D.
Temporary campgrounds prohibited in certain residential zones. Temporary
campgrounds are prohibited in the following zones, as defined in the
City of Laconia Zoning Ordinance: RS, RG and RA.
E.
Loitering or tailgating along any public way is prohibited on private
property approved under this chapter.
[Added 3-25-2002 by Ord. No. 03.2002.03]
F.
Burn-out pits, or any other gathering of a crowd to watch or participate
in vehicular displays of engine revving or tire squealing, are permitted
only if the event is approved as part of an application, in a known
fixed location with set hours of operation, which may be revised as
necessary by the MTRC Committee based on public safety and health
requirements.
[Added 1-23-2012 by Ord. No. 04.2012.04]
G.
Any applicant, property owner or vendor having an outstanding accounts
receivable from the City for previous special events shall not receive
an approved application until those past due accounts are paid in
full.
[Added 1-23-2012 by Ord. No. 05.2012.05]
A.
Vendor layouts are subject to the following requirements:
(1)
Vendor properties shall provide an accessible aisle with a width
of no less than 15 feet and adequate turnaround for emergency vehicle
access.
(2)
Property owners/applicants may be required to install temporary fencing
around vendor areas.
(3)
Property owners/applicants shall be required to submit maintenance
contracts for solid and sanitary waste removal.
(4)
Topography may prohibit certain food vendors from operating on steep
slopes.
(5)
Vendor layout shall allow for adequate on-site pedestrian circulation.
(6)
Adequate security shall be provided.
(7)
The application shall include the name of the owner and person responsible
for managing the vendor property and twenty-four-hour phone/beeper
number(s) where the contact can be reached.
(8)
Access to the vendor area must be directly from a public way.
(9)
All vendor sites located on Endicott Street North, Endicott Street
East, Rollercoaster Road, Watson Road, and Scenic Road may be required
to vend in to the site and chain-link fencing a minimum of five feet
in height may be placed along the right-of-way.
[Added 3-25-2002 by Ord. No. 03.2002.03; amended 12-9-2002 by Ord. No. 04.2002.04]
(10)
All sites shall have trash and sanitary waste, if applicable,
removed throughout the event to maintain a healthy environment.
[Added 3-25-2002 by Ord. No. 03.2002.03; amended 12-9-2002 by Ord. No. 04.2002.04]
B.
Temporary campgrounds.
[Amended 3-25-2002 by Ord. No. 03.2002.03]
(1)
Density requirement. A minimum of 600 square feet shall be provided
for each tent site and a minimum of 1,000 square feet shall be provided
for each recreational vehicle and recreational camping cabin campsite,
with or without connections to an approved sewage disposal system.
(2)
Water supply. An accessible, adequate, safe and potable supply of
water shall be provided in each recreational campground or camping
park.
(3)
Disposal system.
(a)
Septage or wastewater shall be discharged from recreational
vehicles or portable recreational toilets into portable sanitary service
vehicles, individual sewage disposal system connections, or sanitary
stations.
(b)
The storage, collection, and disposal of refuse in recreational
campgrounds or camping parks shall be conducted in a manner that will
prevent health hazards, rodent harborage, insect breeding, accident
or fire hazards.
(c)
A sanitary station shall be provided for disposal of waste from
recreational vehicle holding tanks, portable recreational toilets
and portable sanitary service vehicles.
(4)
Temporary campgrounds shall provide circulation aisles, no less than
15 feet wide, throughout the campground that are accessible for emergency
vehicle access.
(5)
Temporary campgrounds shall be required to install fencing around
camping areas or other sufficient methods to secure the site from
abutting properties.
(6)
Temporary campgrounds shall provide a separate area for solid waste
disposal.
(7)
Property owners shall provide contracts for solid waste disposal
and sanitary waste removal, which should specify days during the event
garbage and sanitary waste shall be removed.
[Amended 12-9-2002 by Ord. No. 04.2002.04]
(8)
Registration. All persons upon entering a recreational campground
or camping park shall register with the appropriate authorities. All
recreational campground or camping park owners or operators or their
agents shall, upon the registration of each camper or camper's guest,
cause an entry to be made on a registration book or card system which
shall record the camper's or camper's guests' agreed-upon departure
time and date. No camper or camper's guest shall, without the consent
of the campground or camping park owner or operator or his agent,
remain on a campsite beyond the departure time and date so recorded
at registration.
(9)
Access to the camping area must be directly from a public way.
(10)
All campsites must be at least 30 feet from any public row.
(11)
A minimum separation may be required between campsites.
Toilets
|
Sinks
|
Showers
| |||||
---|---|---|---|---|---|---|---|
Number of
Campsites
|
Men
|
Women
|
Men
|
Women
|
Men
|
Women
| |
1 to 50
|
1
|
1
|
1
|
1
|
1
|
1
| |
51 to 100
|
2
|
2
|
1
|
1
|
1
|
1
| |
101 to 150
|
3
|
3
|
2
|
2
|
2
|
2
| |
151 to 200
|
4
|
4
|
2
|
2
|
2
|
2
|
(NOTE: For each additional 1 to 50 campsites, add one of each
fixture for toilets. For each additional 1 to 100 campsites, add one
of each fixture for showers.)
|
C.
Temporary parking lots.
(1)
Temporary parking lots shall be reviewed to ensure that police, fire,
and emergency medical personnel have adequate access and to ensure
that health, fire, and other applicable public safety regulations
can be complied with.
[Amended 12-9-2002 by Ord. No. 04.2002.04]
(2)
Parking lots shall be managed from open until closing of the lot.
(3)
The application must contain the name of the property owner and the
person responsible for managing the parking lot and a phone/beeper
number where the contact can be reached.
[Amended 12-9-2002 by Ord. No. 04.2002.04]
Any person or property owner installing a temporary structure
shall comply with the following requirements:
A.
Temporary structures.
(1)
Temporary structures must meet one of the following fire-retardant
or fire-resistive requirements:
(2)
The structural frame of all temporary structures shall be made of
steel, aluminum or of wood. The smallest wood member must be a minimum
of two inches by four inches in width.
(3)
Wood such as paneling may not be used in temporary structures.
(4)
All temporary structures for food service shall have floors of asphalt,
concrete, wood or other materials which are approved by the local
or state health inspectors.
(5)
All temporary structures shall be removed upon expiration of the
time limit stated in the permit.
(6)
If the structure is not removed by the expiration date, the City
shall remove the structure without further notice to the owner and
shall charge the cost of removal to the owner. At the time the permit
is issued, the Code Enforcement Officer shall provide the applicant
with a copy of this section, and the applicant shall sign an acceptance
of service thereof at the time said permit is issued. The City may
bring an action in court for recovery of the costs of said removal.
No new or subsequent permit for such a structure shall be issued to
the same applicant or owner at this or another location in the current
or any future year until the cost of removal has been fully paid.
B.
Temporary signage. Temporary signs shall meet the following requirements:
(1)
Temporary sign(s) shall be attached to a vehicle, structure or poles
in such a manner that it will not endanger the life or safety of others.
(2)
Temporary sign(s) shall not be attached to any public property, including
but not limited to the following: power poles, streetlight poles,
traffic signs, fire hydrants or any public buildings.
(3)
Temporary signs shall not be permitted in any part of the street
right-of-way.
(4)
Temporary sign(s) may not interfere with traffic signs, signals or
site distance.
(5)
If a sign is erected which does not meet these requirements, it shall be removed upon written notice from the Code Enforcement Officer or any other authorized City official and subject to the cost collection provisions of § 195-8A(6), above.
(6)
Banners which hang on or across public property are exempt from this
section, and shall be approved by the Department of Public Works before
they are erected.
[1]
Editor's Note: Former § 195-8, Open-air sexually
oriented activities and businesses, was repealed 12-28-1998 by Ord.
No. 11.98.11. This ordinance also renumbered this chapter accordingly.
If, after an approval has been granted, it has been determined
that any of the representations and/or statements contained in the
application or any of the conditions of the permit have not been complied
with, the Chairperson of the MTRC or duly authorized agent is hereby
authorized to serve upon the applicant or the applicant's agent a
written notice suspending the approval and specifying the reasons
for which the applicant has not complied with the terms of the approval.
Upon issuance of a suspension order, all activity authorized by the
approval shall immediately cease. The applicant may file a written
notice of appeal with the Licensing Board, within 24 hours following
receipt of the written notice. The Licensing Board will then meet
and may reinstate, modify or permanently revoke such approval.
[Amended 7-23-2001 by Ord. No. 04.2001.04; 11-28-2022 by Ord. No. 2022-195-10]
The fee schedule, including public notice fee, shall be as follows:
[1]
Editor's Note: Former § 195-11, Annual review and
fee for application renewal, was repealed 7-23-2001 by Ord. No. 04.2001.04.
The following residential property owners may be exempted from
the land use provisions of this chapter, provided that the following
requirements are met:
Violations of this chapter shall be punishable by a fine of
up to $500, and each day during which a violation is committed or
continued shall be a separate offense.
[1]
Editor's Note: Former §§ 195-15, Vending; license
required, 195-16, Number of licenses required and fees, 195-17, Not
for profit; license required, 195-18, Deadline and penalties for obtaining
vending licenses, 195-19, Subletting of vending space and 195-20,
Raffles, were repealed 12-28-1998 by Ord. No. 11.98.11. Said ordinance
also renumbered this chapter accordingly.
The property owner and any applicant or lessee for permits for
camping, vending, parking or other activities on the property owner's
property shall jointly and severally be responsible and liable for
compliance with all of the terms of this chapter.