Noise Ordinance
Town of Northfield, New Hampshire
BYLAW REGULATING
NOISE NUISANCE
Pursuant to RSA 31:39 (n), the Town of Northfield hereby adopts the following ordinance.
I. PURPOSE
It is declared to be the intent of the Town of Northfield to promote an environment free from excessive noise which unnecessarily jeopardizes the health and welfare of the citizens of the Town of Northfield and degrades the quality of life in this community, without unduly prohibiting, limiting or otherwise regulating the function to certain noise producing equipment which is not amenable to such controls yet is essential to the economy and quality of life of the community.
The purpose of this article is to establish standards for the control of noise and noise disturbances in the Town of Northfield by prohibiting specific activities during designated times and by setting maximum permissible sound levels within the confines of the Town.
It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessarily loud noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the Town of Northfield in accordance with the prohibitions in Section III.
II. DEFINITIONS
The following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON - Any person, vehicle owner, firm, partnership, association, corporation, company or organization of any kind.
CONSTRUCTION - Any site preparation, excavation, grading, assembly, erection, substantial repair or alteration of any building, structures or land, public or private, together with any associated scientific or engineering surveys shall constitute construction. The term "construction" shall include the operation or the causing to be operated of any equipment used in the construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto. Said equipment includes, but is not limited to, a pile driver, shovel, hammer, derrick, hoist, tractor or roller.
EMERGENCY WORK - Shall mean any work performed to protect, maintain or restore safe and/or healthful conditions in the community, along with work performed by private or public utilities when restoring utility service.
MOTOR VEHICLE - Shall mean any self-propelled vehicle not intended primarily for lawn care.
Ill. PROHIBITED ACTS
A. Unnecessary noise from motor vehicles
1. A person operating or in control of a parked or moving motor vehicle shall not operate or permit the operation of an electronically amplified sound system in or on the motor vehicle so as to produce sound that is clearly audible in a public right-of-way or public space more than 50 feet from the motor vehicle except as otherwise authorized.
2. 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:
a. 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.
b. Misuse of braking power exceeding tire traction limits in deceleration where there is no emergency.
c. Rapid acceleration by means of quick up shifting of transmission gears with either a clutch or manual transmission or automatic transmission.
d. Rapid deceleration by means of quick downshifting of transmission gears with either a clutch or manual transmission or an automatic transmission.
e. Racing of engines by manipulation of the accelerator, gas pedal, carburetor, or gear selection, whether the vehicle is in motion or standing still.
B. Between 11:00 p.m. and 6:00 a.m. it shall be unlawful to:
1. Operate or use construction vehicles to include but not be limited to bulldozers, graders, dump trucks, backhoes, earth moving equipment, front end loaders and log skidders.
2. Operate or use tools or construction equipment to include but not be limited to cement mixers, hammers, staple or nail guns, power tools: i.e., saws, drills, grinders, sanders; chain saws, lawn mowers, electric hedge trimmers, lawn edger’s, and jack hammers.
3. Operate, play, or use any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device at such a volume that it is clearly audible at the property line of the property on which the device is being operated.
4. Fireworks or cannons.
IV. EXEMPTIONS
The following uses and activities shall be exempt from noise level regulations:
A. Noise of safety signals, warning devices, and emergency pressure relief valves.
B. Noises resulting from any authorized vehicle, when responding to an emergency call or acting in time of emergency.
C. Noises resulting from emergency maintenance work as performed by the town, by the state, or by public utility companies, to include snow removal operations.
D. Municipal maintenance work where the abutters to the work site have been given prior notice of the project.
E. Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit therefore has been granted by the town. This includes, the preparing, loading and unloading of construction vehicles at their base of operation.
F. Snow blowers and other types of private or commercial snow removal operations.
G. Parades and public gatherings for which the town has issued a permit.
H. Bells, chimes or carillons while being used for religious purposes or in conjunction with religious services, and those bells, chimes, or carillons that are presently installed and in use for any purpose.
I. The un-amplified human voice as outlined under New Hampshire RSA 644:2.
J. Noise from any agricultural operation, as defined by RSA 432:32., with the exception of forestry and logging.
V. PENALTIES
Any person who violates any provision of this Ordinance shall be guilty of a violation. The penalty for a first offense shall be in the amount of $100.00. The fine for a second offense occurring in a calendar year shall be $250.00. And the fine for a third offense in a calendar year shall be $500.00
No person will be summonsed for a violation of Article Ill (B) (1) or Article Ill (B) (2) until he or she has been warned once by the police department.
VI. APPLICATION FOR SPECIAL PERMIT
Application for a permit for relief from the noise ordinance on the basis of undue hardship may be made to the Board of Selectmen or Chief of Police. Any permit granted by the proper authority, shall set forth all conditions pertaining to the specified noise, and reasonable time limit for its abatement.
Sources: NH RSA 31:39(n); NH RSA 644:2
Adopted on October 22, 2019
Northfield Board of Selectmen