__________
* Cross References: Administration, Ch. 2; city clerk, § 2-266 et seq.; nuisances, § 7-16 et seq.; streets, sidewalks and other public places, Ch. 13; traffic and vehicles, Ch. 15; zoning, Ch. 17.
__________
Art. I. In General, §§ 10.5-1--10.5-15
Art. II. Noise, §§ 10.5-16--10.5-29
Art. III. Motor Vehicle Exemptions, § 10.5-30
ARTICLE I.
IN GENERAL
Secs. 10.5-1--10.5-15. Reserved.
ARTICLE II.
NOISE*
__________
* Editors Note: Sections I--IX of an ordinance adopted September 16, 1996, did not specifically amendatory of this Code. However, such ordinance has been treated as deleting §§ 10.5-16--10.5-20 and adding new §§ 10.5-16--10.5-20, at the editor's discretion. Formerly, such sections derived from Ord. of 6-3-91, §§ 1--5.
__________
Sec. 10.5-16. Disorderly actions.
A person shall be guilty of disorderly actions if:
(1) Such person creates a condition which is hazardous to such person or another in a public place by any action which serves no legitimate purpose;
(2) Such person:
Engages in fighting or violent, tumultuous or threatening behavior in a public place;
Directs at another person in a public place obscene, derisive, or offensive words which are likely to provoke a violent reaction on the part of any ordinary person;
Obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building;
Engages in conduct in a public place which substantially interferes with a criminal investigation, a firefighting operation to which RSA 154:17 is applicable, the provision of emergency medical treatment, or the provision of other services when traffic or pedestrian management is required;
Knowingly refuses to comply with a lawful order of a peace officer to move from any public place; or
Such person causes a breach of the peace, public inconvenience, annoyance or alarm or creates a risk thereof, by:
Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities; or continuing, or causing or allowing to be made or continued any of the foregoing noises after having been requested by any person to diminish or terminate such noises; or
Using explosives, including explosive fireworks, unless such use is otherwise permitted as may be provided from time to time under the ordinances of the city.
Disrupting the orderly conduct of business in any public or governmental facility; or
Disrupting any lawful assembly or meeting of persons without lawful authority; or
Making loud or unreasonable noises by operating any mechanically powered saw, grinder, drill, lawn mower or garden tool, or similar device used outdoors, and with the exception of snow removal equipment, between the hours of 10:00 p.m. and 6:00 a.m., Monday through Saturday and between the hours of 10:00 p.m. and 8:00 a.m. on Sunday; or
Making loud or unreasonable noises by loading, unloading, opening, closing or otherwise handling boxes, crates, containers, building materials, trash cans, dumpsters or similar objects between the hours of 10:00 p.m. and 6:00 a.m.; or
Operating any motor vehicle in a public place so as to make excessive noise by any of the following means:
Misuse of power, acceleration or traction so as to spin the wheels or lose traction.
Misuse of brake and stopping power in the deceleration of a motor vehicle where no legitimate emergency exists.
There shall be no use of engine (Jake) brakes in the City of Berlin.
Racing of engine by means of the accelerator, carburetor or gear selector, either when the motor vehicle is in motion or stationary.
Use of the horn other than as a warning signal or to use the vehicle in any manner to create noise, which is not incidental to the vehicle's use as a mode of transportation.
(3) No person who is the owner or occupant or who is otherwise in control of any building or structure or any section thereof or other property in the city shall permit or tolerate on his premises any conduct which violates this article or which, because of the number of persons gathered on his premises, has the effect which this article seeks to prohibit, after having been advised of the same.
(4) Such person dumps, discards, deposits, throws or leaves, or causes or permits the dumping, discarding, depositing, throwing or leaving of litter on any public place.
(5) Such person carries, transports, possesses or otherwise has under his control any intoxicating liquor, within the limits of or upon any way, public place, public building or grounds of any public building, except in the original container and with the seal unbroken.
(Ord. of 9-16-96, §§ I--V) (Ord 7-21-03)
Sec. 10.5-17. Definitions.
As used in this article:
Intoxicating liquor shall have the same meaning as defined in RSA 21:33.
Lawful order means:
(1) A command issued to any person for the purpose of preventing such person from committing any offense when an officer has reasonable grounds to believe that such person is about to commit any such offense, or when such person is engaged in a course of conduct which makes the commission of such an offense imminent; or
(2) A command issued to such person to stop such person from continuing to commit any offense when an officer has reasonable grounds to believe that such person is presently engaged in conduct which constitutes any such offense.
Litter means any and all waste products, papers, cans, bottles, glass, rubbish, refuse, garbage, trash debris, animal carcasses, organic waste, or other discarded materials of every kind and description, whether solid, liquid or gaseous.
Loud noise means any noise as prior described in section 10.5-16(3)a., herein
Public building means any local government or school offices, facilities or buildings
Public place means any place within the city to which the public or a substantial group has access. The term includes, but is not limited to, public ways, sidewalks, parking lots, retaining walls, parks, recreational areas, schools, medical or governmental offices or facilities and the lobbies or hallways of apartment buildings, dormitories, hotels or motels.
Way shall have the same meaning as defined in RSA 259:125.
(Ord. of 9-16-96, §§ VI)
Sec. 10.5-18. Exemptions.
The following uses and activities shall be exempt from regulation under this article:
(1) Noises of safety signals and warning devices when used for the purpose for which they were intended and emergency pressure relief valves;
(2) Noises resulting from any authorized vehicles, when responding to an emergency call or acting in time of emergency;
(3) Noises resulting from emergency and maintenance work as performed by the city and its employees, the state, or other public utility companies; noises resulting from the provision of municipal or utility services; noises resulting from private persons engaged in snow plowing services;
(4) Any other noise resulting from activities of a temporary duration as permitted by law and for which a license or permit thereof has been granted or issued by the city;
(5) Parades and other public gatherings for which the city has issued a permit;
(6) Bells, chimes or carillons that are installed and in use for any purpose;
(7) Agricultural operations under RSA 430 c:1, c:2, c:3, c:4;
(8) Under section 10.5-16, under any of the circumstances excepted in RSA 265:81, (V), or in those specific areas, grounds or buildings authorized to serve liquor pursuant to a license issued by the state liquor commission under RSA 178.
(Ord. of 9-16-96, § VII)
Sec. 10.5-19. Application for special permit.
Prior to the commencement of activity which may violate this article, application for a special permit for relief from this article on the basis of undue hardship or any other reasonable ground may be made by submitting a request in writing to the city council with a copy to the chief of police. Any permit granted by the city council shall be in writing and set forth all conditions pertaining to the specified noise and a reasonable time limit for its abatement.
(Ord. of 9-16-96, § VIII)
Sec. 10.5-20. Penalties.
Any person who violates the provisions of this article shall be guilty of a violation, punishable by a fine of not less than fifty dollars ($50.00), but not exceeding one thousand dollars ($1,000.00).
(Ord. of 9-16-96, § IX)
Secs. 10.5-21--10.5-29. Reserved.
ARTICLE III.
MOTOR VEHICLE EXEMPTIONS
Sec. 10.5-30. Prisoners of war exemption.
Any person declared to be a prisoner of war who meets the requirements of RSA 261:157a shall not have to pay the city portion of the motor vehicle registration fee.
(Ord. of 1-6-92)
| 
