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NOISE ORDINANCE

TOWN OF SOUTH HAMPTON

1. PURPOSE AND INTENT

It is declared to be the intent of the Town of South Hampton to promote an environment free from

excessive noise which unnecessarily jeopardizes the health and welfare of the citizens of the Town of

South Hampton and degrades the quality of life in this community, without unduly prohibiting, limiting

or otherwise regulating the function of certain noise producing equipment which is not amenable to

detrimentally affects public health, comfort, convenience, safety, welfare and prosperity of Town

citizens, the Town deems it necessary and appropriate to enact the following provisions and

prohibitions which are declared NOISE DISTURBANCES PROHIBITED BY THIS ORDINANCE:

a. Loud Noises

Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a

private place that can be heard in a public place or other private places which can disturb, a person

of average sensibilities.

Disrupting the orderly conduct of business in any public or governmental facility.

Disrupting any lawful assembly or meeting of persons without lawful authority.

Creating any sound that endangers or injures the safety or health of a person or annoys or disturbs a

the Town.

b. Radios, Stereos, Musical Instruments, PA Systems, etc.

The using, operating or permitting to be played of any radio receiving set, musical instrument, stereo,

public address system, or other machine, device or computer for the producing or reproduction of

sound in such a manner as to disturb the health, safety and welfare of the neighboring inhabitants at

any time and in such a manner as to be louder than normal conversation at the property line or

fifty feet from an individual or vehicle on any public or private way or property.

c. Construction and/or Repairing of Buildings or Property.

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The erection (including excavation), demolition, blasting (demolition using explosives), alteration or

Yelling, shouting, hooting, whistling, singing that is louder than normal conversation at the

property line or fifty feet from an individual or vehicle on any public or private way or property

so as to annoy or disturb the quiet, comfort or repose of persons in any office, or dwelling, or other

type of residence, or of any persons in the vicinity.

e. Animals, Birds and the like.

The keeping of any animal, bird or pet which by causing frequent noise lasting more than 30

minutes continuously or 45 minutes total in any given day, or if it makes noise during the night

hours so as to disturb the peace and quiet of the neighborhood or area, shall be considered to be

disturbing the comfort and repose of any person in the vicinity.

f. Fireworks.

and RSA 644:13, and/or any rules and regulations governed by NH Fish and Game Authority.

h. Misuse of Power/Loud, Unusual or Other Unnecessary Noise.

Any noise occasioned by any one or more of the following actions of the operator of any on road or

off road vehicle including trucks, tractor trailers, :

1. Misuse of power exceeding tire traction limits in acceleration, sometimes known as “laying down

rubber” or “peeling rubber”, or;

2. Misuse of braking power exceeding tire traction limits in deceleration where there is no

emergency or;

3. Rapid acceleration by means of quick upshifting of transmission gears with either a clutch and

manual transmission or an automatic transmission, or;

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whether the vehicle is in motion or standing still.

THE FOLLOWING:

1. Persons operating vehicles, machinery or equipment while engaged in snow clearance or snow

removal operations so long as such operations are performed within 3 days of the cessation of a

winter storm resulting in the accumulation of at least 3 inches of snow within the Town’s limits.

2. Noise created by emergency vehicles in response to or relating to an emergency.

3. Noise from domestic power equipment operated between the hours of 7:00AM and 8:00PM.

4. Noise created to perform emergency work to restore property to a safe condition following an

emergency or work required to protect persons or property from exposure to imminent danger of

damage. This includes noise from power generating equipment.

5. The existing Gun Club in accordance with RSA 159-B.

6. The legal use of firearms.

OR a fine of either $50.00 for the first offense, $100.00 for the second offense or $150.00 for a third

person failing to make payment within the said ten (10) business days shall be charged interest at the

rate of eighteen (18) percent per annum.

Manner of Enforcement: Town Officials and Agents shall serve violations of this ordinance in the

same manner as other violations of other ordinances of the Town of South Hampton are currently

dealt with. The Police Department, the Building Inspector, The Board of Selectmen of the Town of

any person or circumstance is held invalid, such invalidity will not affect other provision or applications

of the ordinance which can be given effect without the invalid provisions or application.

DEFINITIONS OF WORDS USED IN THIS ORDINANCE

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Construction: means any and all physical activity necessary or incidental to the erection,

or private right-of-way surfaces or similar property.

Domestic Power Equipment: means power equipment intended for use in residential areas by

homeowners. Examples include, but are not limited to, chain saws, log-splitters, power saws, drills,

grinders, lawn and garden tools, power generating equipment and off road vehicles.

Emergency: means any occurrence or set of circumstances involving actual or imminent physical

trauma or property damage that demands immediate action.

Fireworks: means any composition or device designed to produce a visible or an audible effect by

combustion, deflagration, or detonation, as defined in 27 C.F.R. section 555:11 or as otherwise

defined by RSA 160 - C:1

Muffler: means a device consisting of a series of chambers or baffle plates or other mechanical

design for the purposes of receiving exhaust gases and effectively reducing noise. RSA 259:66

Noise Disturbance: means causing a breach of the peace, public inconvenience, annoyance or

Person: means an individual, partnership, association, firm, syndicate, company, trust, corporation,

Truck: means every motor vehicle designed, used or maintained primarily for the transportation of

property. RSA 259:115-b

Radio, Loudspeakers, Phonographs, Amplifiers, Computers and the like: means any radio,

receiver, musical instrument, phonograph, loudspeaker, sound amplifier, computer or other machine

or device for the production or reproduction of sound.