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Art. I. In General, §§ 9-1--9-25
Art. II. Amusements and Entertainment, §§ 9-26--9-90
Div. 1. Generally, §§ 9-26--9-35
Div. 2. Amusement Facilities and Devices, §§ 9-36--9-55
Div. 3. Shows and Exhibits, §§ 9-56--9-70
Div. 4. Dance Halls and Skating Rinks, §§ 9-71--9-90
Art. III. Emergency Alarm Systems, §§ 9-91--9-120
Art. IV. Emergency Medical Services, §§ 9-121--9-150
Art. V. Peddlers, Solicitors, Itinerant Vendors, §§ 9-151--9-175
Art. VI. Restaurants, §§ 9-176--9-240
Div. 1. Generally, §§ 9-176--9-200
Div. 2. Sanitary Requirements, §§ 9-201--9-240
Art. VII. Secondhand Goods Dealers, §§ 9-241--9-260
Art. VIII. Taxicabs, §§ 9-261--9-299
Art. IX. Central Business Service District, §§ 9-300--9-305
* Cross References: Administration, Ch. 2; finance department created, § 2-291 et seq.; weights and measures department, § 2-411 et seq.; buildings and building regulations, Ch. 4; health, Ch. 7; nuisances, § 7-16 et seq.; housing, Ch. 8; mobile homes and manufactured housing and mobile home parks, Ch. 10; privately operated solid waste disposal facility, § 12-76 et seq.; streets, sidewalks and other public places, Ch. 13; zoning and land use, Ch. 17.
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ARTICLE I.
IN GENERAL
Sec. 9-1. Fireworks prohibited.
(a) The sale, use, possession, or display of Class "C" fireworks except caps for toy cap pistols in accordance with the provisions of RSA 160-A is prohibited. No permits shall be granted except to the city for programs and displays under its control, for the sale, purchase, possession, use or explosion of Class "C" fireworks.
(b) This section shall be constructed consistently with the Fire Prevention Code adopted in section 4-2 for the purposes of licensing and establishing rules for public displays.
(c) Any individual or business found in violation of this section may be made punishable by a fine of not more than one thousand dollars ($1,000.00) per day and not less than one hundred dollars ($100.00) per day. It shall be prima facie evidence if the individual or business has Class "C" fireworks on their person or premise and/or conducts a sale of these prohibited items.
(Ord. of 7-5-88)
Cross References: Fire prevention and protection, Ch. 6.
Secs. 9-2--9-25. Reserved.
ARTICLE II.
AMUSEMENTS AND ENTERTAINMENT*
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* State Law References: Licensing shows, open-air meetings, billiard tables and bowling alleys, RSA 286:1 et seq.
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DIVISION 1.
GENERALLY
Secs. 9-26--9-35. Reserved.
DIVISION 2.
AMUSEMENT FACILITIES AND DEVICES
Sec. 9-36. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement facilities shall mean and include any pool room, billiard room, shooting gallery or game room containing four (4) or more amusement devices, bowling alley, penny arcade, and any other amusement facility other than shows and exhibitions as defined in section 9-56.
Mechanical or electronic amusement devices shall mean and include, but not be limited to, any machine which, upon the insertion of a coin, trade-token or slug, operates or may be operated as a game or contest of skill or amusement of any kind, and which contains no automatic payoff device for the return of money, trade-token or slugs which makes no provision whatever for the return of money to the player. Such amusement devices may be used as a game of skill and amusement whereby the player initiates, employs or directs any force generated by the machine. Machines which are not intended for gaming or amusement, such as food, drink and musical machines, are excluded from this article.
(Ord. No. 1982-1, § 9:301, 9-20-82)
Sec. 9-37. License required, application.
No person shall operate any amusement facility or mechanical or electronic devices in the city until a written application, specifying the places in which it is to be operated or kept, is first obtained from the city clerk, who shall have the authority to issue a license, provided:
(1) The license application is a renewal; and
(2) The building inspector has approved the amusement facility.
The building inspector may, at his discretion, request an inspection of the facility by the fire chief and health administrator if he deems it appropriate to do so. Licenses for new establishments shall not be issued by the city clerk until the application therefor has been approved by the city council.
(Ord. No. 1982-1, § 9:302, 9-20-82; Ord. of 11-19-90; Ord. of 5-6-96(1))
Sec. 9-38. License fee; period.
(a) The fee for a license required by this division shall be fifty dollars ($50.00) for each amusement facility or ten dollars ($10.00) for each mechanical or electronic amusement device up to three (3). The license period shall commence on the first day of May and continue for one (1) full year or any part thereof.
(b) Nonprofit organizations (as defined by the secretary of state) with three (3) or less amusement devices will be exempt from making application for such license or remitting a fee.
(Ord. No. 1982-1, § 9:302, 9-20-82)
Sec. 9-39. Qualifications for license.
No license shall be issued under this division except to a person of good character. Any person who shall be convicted within a year of gambling, or keeping a gambling house, or of the illegal sale of intoxicating liquors, or controlled drugs, or who shall without conviction thereof, show or display any lewd, indecent or immoral pictures in such place of business shall not be deemed a person of good character nor fit to conduct or be employed in such business. The continuance of such business of any such person shall be cause for the revoking and forfeiting of such license. (Ord. No. 1982-1, § 9:303, 9-20-82)
Sec. 9-40. Inspections.
Upon application for a license, the city clerk shall direct the building inspector to make an inspection of the building or the devices and the location where they will be kept during operation. Once the inspection is complete, the building inspector shall contact the head of the police, fire and health departments to see if they have any objections as to the issuance of a license. A report shall be forwarded to the city clerk stating whether the establishment has passed necessary inspection. The building inspector may request the presence of other department heads during any of these inspections.
(Ord. No. 1982-1, § 9:304, 9-20-82; Ord. of 6-19-89; Ord. of 5-6-96(1))
Sec. 9-41. Revocation.
In addition to any penalty imposed, the mayor and council may revoke any license issued under this division for any violation of this division or of any ordinance pertaining to the conduct of such business.
(Ord. No. 1982-1, § 9:305, 9-20-82)
Sec. 9-42. Violation.
Any person violating any of the provisions of this division shall be punished by a fine not exceeding fifty dollars ($50.00) for each offense.
(Ord. No. 1982-1, § 9:306, 9-20-82)
Secs. 9-43--9-55. Reserved.
DIVISION 3.
SHOWS AND EXHIBITS*
__________
* State Law References: Showmen, RSA 286:1; theatrical performances, RSA 286:2.
__________
Sec. 9-56. License required.
Any person desiring to hold a carnival or a circus within the limits of the city shall make written application to the city clerk, who shall have the authority to issue the required license, provided the sponsor or promoter of the carnival or circus is in full compliance with the provisions of RSA 105:9 and 105:9a and all other applicable state laws.
(Code 1977, § 9:201; Ord. of 11-19-90)
Sec. 9-57. License period, fee.
Theatres or places of amusement of a permanent character may be licensed for a period of twelve (12) months from the first day of May of each year. The sum of such yearly license shall be fifty dollars ($50.00), payable six (6) months in advance. This license shall designate the location of the theatre or place of amusement, be made in the name of the proprietor or proprietors thereof, and shall not be transferable. The city clerk shall be authorized to issue the required annual license in cases of renewal applications only, provided the building inspector and the fire chief have inspected and approved the place of business. New applications shall be subject to the approval of the city council, prior to the issuance of such license by the city clerk, who shall have the written approval of the building inspector and fire chief
before issuing such license. The business establishment shall also be in full compliance with the provisions of the N.H. Laws of 1964, Chapter 153 and all other applicable state laws.
(Code 1977, § 9:203; Ord. of 11-19-90)
Sec. 9-58. Transfer for new location.
If any person holding a license issued under this division shall desire to transfer to and carry on such business in other premises in the city than those designated in the original application and in the license, upon making and filing a new application the city clerk shall grant the same, subject to the same regulations and requirements as governed the original license.
(Code 1977, § 9:205)
Sec. 9-59. Revocation.
At any time after a license has been issued under this division to any person the same may be revoked and cancelled by the city clerk if the performances shall violate any of the criminal or moral statutes or ordinances, be conducted in a building which does not conform with the fire statutes, ordinances, or regulations of fire chief, or the place licensed be used for criminal or immoral purposes. But before any license is revoked or cancelled the holder shall be entitled to a hearing by the city council and to five-day notice thereof in writing, except that licenses of a temporary character may be revoked at any time by the city clerk without notice in his discretion.
(Code 1977, § 9:206)
Sec. 9-60. Boxing bouts or exhibitions.
It shall be unlawful for any person, club or association to engage in, promote and stage boxing bouts or exhibitions within the limits of the city unless such bouts or exhibitions shall be in full compliance with RSA Chapter 285:20 and any other applicable state law. The sponsor or promoter of such events shall apply to the city clerk who shall have the authority to issue the required license.
(Ord. of 11-19-90)
Editors Note: An ordinance adopted Nov. 19, 1990, amended the city's former Code by adding provisions to be included as § 9:100; such provisions have been codified herein as § 9-60 at the discretion of the editor.
Secs. 9-61--9-70. Reserved.
DIVISION 4.
DANCE HALLS AND SKATING RINKS*
__________
* State Law References: Power to make by-laws, dance halls and skating rinks, RSA 31:39.
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Sec. 9-71. License required.
No person shall keep or maintain a hall for dancing or skating purposes within the limits of the city, except for private use, unless a license shall have first been obtained from the city clerk, who shall have the authority to issue such license, provided the person is in compliance with RSA Chapter 105:9a as well as with Chapter 153 of the N.H. Laws of 1985, and all other applicable provisions of the state law.
(Code 1977, § 9:401; Ord. of 11-19-90)
Sec. 9-72. Closing hour.
No dancing or skating shall continue in any premises licensed pursuant to this division after 2:00 a.m.
(Code 1977, § 9:405)
Secs. 9-73--9-90. Reserved.
ARTICLE III.
EMERGENCY ALARM SYSTEMS
Sec. 9-91. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm user shall mean any person, group, organization, business, company or entity who has an emergency alarm system installed upon their premise, whether they own or lease said system, shall be considered the user for the purpose of enforcing this article.
Connected alarm system shall mean any fire or security alarm system user that requests their private alarm system be connected to the monitoring board at either the police department (security) or fire department (fire).
Emergency alarm system shall mean any conventional or state of the art electrical, electro-mechanical, electromagnetic, optical, or electronic warning system used to notify a person that an emergency situation is occurring including but not limited to fire, smoke, heat, water, medical, damage, entry security and other.
False alarm means the activation of an alarm system through mechanical failure, accidental tripping, misoperation, malfunction, misuse, or the neglect of the owner or lessee of an alarm system, or of his/her employee(s) or agents. Upon failure of the police or fire department to find any evidence of intrusion or other legitimate need or legitimate cause for activating an alarm system, a conclusive presumption of false alarm will be made. False alarm shall not include alarms caused by earthquakes, violent winds, or external causes beyond the control of the owner or lessee of the alarm system. Any person who maintains or has an alarm connected to the police or fire alarm system, to an alarm agent, alarm business or a person responding to audible or visual alarms which has caused any signal, message, or alarm to be
transmitted or conveyed to the police or fire department either by direct telephone or other communication and which is proven to be a false alarm per the definition above, shall pay a false alarm charge to the city as stipulated below.
(Ord. of 11-17-86, § 13:301; Ord. of 10-4-93)
Cross References: Definitions and rules of construction generally, § 1-2.
Sec. 9-92. Registration required.
Any security or fire alarm user wanting to connect to either the police or fire department within sixty (60) days of having their system installed apply with the respective department for a registration permit at no cost to the application. Said registration shall be for information only. Any new security or fire alarm user wanting to connect to either the police or fire department shall within sixty (60) days of having their system installed apply with the respective departments for such permit. Such permit shall be issued by the office of the police chief or fire chief upon proper application.
(Ord. of 11-17-86, § 13:302.1; Ord. of 10-4-93)
Sec. 9-93. Application and permit.
The police and fire departments shall develop an application and permit form requiring the alarm user to provide all of the necessary information about such system, the alarm user as well as authorized personnel and their telephone numbers, who will be available at any time to permit access to the premises in which the system is installed.
(Ord. of 11-17-86, § 13:303.1)
Sec. 9-94. Refusal, revocation of permit.
Any false statement or misrepresentation of a material fact made by an applicant for the purpose of obtaining a user's permit or renewal under this article, or while making a change thereto, shall be sufficient cause for refusal to grant or revocation of permit.
(Ord. of 11-17-86, § 13:303.2)
Sec. 9-95. Operational conditions and prohibitions.
(a) Any currently connected fire or alarm system user who does not apply for the permit as stipulated above shall be notified that they are in violation of this article and subject to being disconnected from the respective department.
(b) The use of tape dialer systems or other similar notification systems that reproduce a pre-recorded voice message indicating the existence of an emergency situation the alarm is designed to detect, and that automatically seizes any telephone line connected to the police and/or fire department, shall be prohibited. Any person responsible for the use of such alarm notification systems shall be guilty of a violation of this article.
(Ord. of 11-17-86, § 13:304.1; Ord. of 10-4-93)
Editors Note: The provisions of subsection (b) shall be effective as of July 1, 1994.
Sec. 9-96. Renewal.
Any fire or security alarm user wishing to maintain their connection with the respective department must pay their annual renewal fee and any and all charges created by their system's false alarms or face disconnection from the respective department.
(Ord. of 11-17-86, § 13:304.2)
Sec. 9-97. Fees and charges generally.
A schedule of alarm user permit fees shall be established for police and fire connected alarm systems as follows:
|
|
Police |
Fire |
(1) |
Year 1, per system |
$40.00 |
$ 0.00 |
(2) |
Annual renewal, per system |
20.00 |
0.00 |
(3) |
False alarms |
|
|
|
Police, after three years, per alarm |
50.00 |
|
|
Fire, after five years per chief, per alarm |
|
50.00 |
(4) Any alarm user, except local government, shall be subject to the above fee schedule.
(5) All permits shall be renewable on or before January first.
(Ord. of 11-17-86, § 13:305.1; Ord. of 10-4-93)
Sec. 9-98. Charges for excessive false alarms.
Any alarm user having an alarm system designed and installed whether the alarm system is connected or not and which a person or such alarm system transmits or conveys a signal, message or notice to either the police or fire department which results in a false alarm shall pay to the city a charge for each and every false alarm to which the police or fire department responses in excess of the number of false alarms permitted as stated below:
(1) The alarm user of any alarm system shall be assessed, subject to the final decision of the police or the fire chief, a service charge of fifty dollars ($50.00) for each false alarm transmitted by such system after three (3) false alarms for security systems requiring police response and five (5) false alarms for fire connected systems in a calendar year where such false alarm results in a response by the police or fire departments.
(2) Failure to pay such false alarm service charge in thirty (30) calendar days of notice shall subject such alarm user to suspension of the alarm user's permit as prescribed in sections 9-95, 9-96 and 9-99.
(3) An alarm user may appeal false alarm service charges in writing to the police chief or fire chief within ten (10) days after receipt of the notice of penalty. (Ord. of 11-17-86, § 13:305.2; Ord. of 10-4-93)
Sec. 9-99. Revocation, disconnection and reconnection.
(a) The police chief or fire chief upon notification to him that their department has responded to the maximum number of false alarms from a permittee in a calendar year shall place the permittee or property owner on notice indicating the false alarm history and necessary action to rectify the problem.
(b) If after due notice and hearing the marshal or chief determines, in his sound judgment, that the alarm user will not undertake reasonable action to eliminate the cause of such false alarms or that the alarm user is not able to take such reasonable action, he may revoke such permit and subject the system to being disconnected so long as the user has been properly notified in advance by return receipt letter five (5) days before the disconnection.
(c) The alarm user at a hearing shall have the right to present evidence, to cross-examine witnesses and to be represented by counsel. Such hearing shall be conducted in an informal manner, the rules governing courts shall not apply, and hearsay evidence shall be admissible.
(d) An alarm user whose permit has been revoked may reapply for a new permit. Upon such reapplication he shall prove to the marshal or the chief that the cause of prior revocation has been eliminated and/or corrected. Any person aggrieved by any decision of the chief or marshal made under the provisions of this article shall have the right of appeal to the police commission or the city manager (fire alarm systems). Such appeal shall be in writing and filed with the chief or the marshal within ten (10) days of the decision appealed from. The commission or manager shall set a date for hearing of the appeal and notify the appellant of the date of hearing, shall decide the matter within a reasonable time and notify the appellant thereof. The appellant shall have the right of
appeal to the superior court for the county in accordance with existing law.
(e) An alarm user whose permit has been revoked may apply for a new user's permit as provided above, if the marshal or chief is satisfied that the user's system has been properly serviced and its deficiencies corrected. The marshal or chief may also impose reasonable restrictions and conditions upon the user before issuing a new user permit, and these restrictions and/or conditions shall appear on the permit and shall provide for automatic revocation on the occurrence of three (3) false alarms in the remaining permit year.
(f) In situations where a user permit is revoked under the conditions in subsection (e) above, there shall be no appeal to the marshal or chief and this revocation shall remain in effect for the remainder of the calendar year.
(g) The fee for reissuance of a user permit shall be fifty dollars ($50.00).
(Ord. of 11-17-86, § 13:306; Ord. of 10-4-93)
Sec. 9-100. Violations.
Any alarm connected user who violates any provisions of this article shall be subject to the prescribed penalty charges and loss of services described herein.
Any person, group, organization, company or entity that violates subsection 9-95(b) of this article shall be guilty of a violation and subject to a fine of not more than one hundred dollars ($100.00) for each day the violation exists and not to exceed five hundred dollars ($500.00). (Ord. of 11-17-86, § 13:307; Ord. of 10-4-93)
Sec. 9-101. Limitation of liability.
(a) The city, the police department, the fire department and all of the employees, agents, representatives and officials of all of the aforesaid shall not be liable, in whole or part, for any defects, failures or inadequacies in the performance or operation of alarm devices, for any failure to respond upon receipt of an alarm, nor from the failure or neglect of any person in connection with the installation and operation of alarm devices or their components, the transmission of alarm signals and pre-recorded alarm messages or the relaying of such signals and messages. In the event the police or fire departments should find it necessary to disconnect an alarm device for whatever reason, no liability of any nature whatsoever shall result regardless of whether or not notice
of the disconnection was given.
(b) The police and fire departments agree to restrict access to information about the user's alarm system as obtained by the application. Any person who is found to have purposely revealed the information contained in alarm user permit application or in correspondence or communications with an alarm user to any person for any purpose not related to this article or official law enforcement matters, or without the express written consent of the alarm user supplying such information, shall be guilty of a violation. Said violation shall carry a fine of not more than one hundred dollars ($100.00) for each day not to exceed five hundred dollars ($500.00) as per RSA 676:17.
(Ord. of 11-17-86, § 13:308)
Secs. 9-102--9-120. Reserved.
ARTICLE IV.
EMERGENCY MEDICAL SERVICES*
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* State Law References: Emergency medical services, RSA 151-B:1 et seq.
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Sec. 9-121. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aircraft shall mean and include rotary wing or fixed wing aircraft.
Ambulance shall mean any privately- or publicly-owned motor vehicle, aircraft or watercraft that is specially designed or constructed, and equipped, and is intended to be used for and is maintained or operated for the transportation of patients with emergency conditions, except any such motor vehicle, aircraft or watercraft owned by, or operated under the direct control of, the United States.
Attendant shall mean a trained and/or qualified individual responsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as driver at times.
Attendant-driver shall mean a person who is qualified as an attendant and a driver.
Driver shall mean an individual who drives or pilots an ambulance.
Health administrator shall mean the health administrator or other designated official.
Patient means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.
Person shall mean any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States.
(Ord. No. 19, § 1, 12-18-78; Ord. of 5-6-96(1))
Cross References: Definitions and rules of construction generally, § 1-2.
Sec. 9-122. License required.
(a) No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise be engaged in or profess to be engaged in the business or service of the transportation of patients upon the streets, alleys, or any public way or place of the city unless he holds a currently valid license for an ambulance, issued pursuant to this article. An ambulance operated by an agency of the United States shall not be required to be licensed hereunder.
(b) No ambulance shall be operated for emergency ambulance purposes, and no individual shall drive, attend or permit it to be operated for such purposes on the streets, alleys, or any public way or place of the city unless it shall be under the immediate supervision and direction of a person who is holding a currently valid license as an attendant-driver or attendant.
(c) Provided however, that no such licenses shall be required for an ambulance or for the driver, attendant, or attendant-driver of an ambulance, which is rendering assistance to licensed ambulances in the case of a major catastrophe or emergency with which the licensed ambulances of the city are insufficient or unable to cope: or is operated from a location or headquarters outside of the city in order to transport patients who are picked up beyond the city limits to locations within the city but no such outside ambulance shall be used to pick up patients within the city for transportation to locations within the city unless the driver, attendant and attendant-driver and the person subject to the provisions of subsection (a) above in respect of such ambulance, hold
currently valid licenses issued pursuant to this article.
(Ord. No. 19, § 2, 12-18-78)
Sec. 9-123. Application for ambulance service license.
Applications for ambulance licenses under this article shall be made upon such forms as may be prepared or prescribed by the health administrator and shall contain:
(1) The name and address of the applicant and of the owner of the ambulance.
(2) The trade or other fictitious name, if any, under which the applicant does business and proposes to do business.
(3) The experience and training of the applicant in the transportation and care of patients.
(4) A description of each ambulance, including the make, model, year of manufacture, motor and chassis number; current state or federal aviation agency license number (if applicable); the length of time the ambulance has been in use; and the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate applicant's ambulance.
(5) The location and description of the place or places from which it is intended to operate.
(6) Such other information as the health administrator shall deem reasonably necessary to a fair determination of compliance with this article.
(7) An accompanying license fee of twenty-five dollars ($25.00).
(Ord. No. 19, § 3, 12-18-78; Ord. No. 20, § A, 2-19-79; Ord. of 5-6-96(1))
Sec. 9-124. Standards for licensing ambulance service.
(a) Each ambulance shall, at all times when in use as such:
(1) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety and be maintained in suitable premises;
(2) Be staffed by at least two (2) trained attendants, one (1) of whom may be the driver;
(3) Contain equipment and conform with the standards, requirements, and regulations provided for by the National Highway Traffic Safety Administration, Department of Transportation, Ambulance Design Criteria (KKK-A 1822 as amended) and include two-way communications, which equipment shall be in proper and good condition for such use;
(4) Currently comply with all applicable laws and local ordinances relating to health, sanitation, and safety;
(5) Be equipped with such lights, sirens, and special markings to designate it as an ambulance as may be prescribed in reasonable regulations promulgated by the health officer; and
(6) Be equipped with approved active restraints for the driver, a passenger in the front seat if such seat is provided and for patients and attendant(s) in the patient compartment.
(b) Any change of ownership of a licensed ambulance shall terminate the license and shall require a new application and a new license and conformance with all the requirements of this article as upon original licensing.
(c) Application for transfer of any ambulance license to another or substitute vehicle shall require conformance with all the requirements of this article as upon original licensing. No ambulance license may be sold, assigned, mortgaged or otherwise transferred without the approval of the health officer and a finding of conformance with all the requirements of this article as upon original licensing.
(d) Each licensed ambulance, its equipment and the premises designated in the application and all records relating to its maintenance and operation as such, shall be open to inspection by the health officer or his designated representative during usual hours of operation.
(e) No official entry made upon a license may be defaced, removed, or obliterated.
(Ord. No. 19, § 4, 12-18-78; Ord. No. 20, § A, 2-19-79)
Sec. 9-125. Liability insurance.
(a) No ambulance license shall be issued under this article, nor shall such license be valid after issuance, nor shall any ambulance be operated in the city unless there is at all times in force and effect insurance coverage, issued by an insurance company licensed to do business in the state, for each and every ambulance owned and/or operated by or for the applicant or licensee, providing for the payment of damages:
(1) For injury to or death of individuals in accidents resulting from any cause for which the owner of such vehicle would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent, and
(2) For the loss of or damage to the property of another including personal property, under like circumstances.
In such sums and under such terms as may be required in regulations promulgated by the health officer.
(b) Such insurance policies shall be submitted to the health officer for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the health officer, in such form as he may specify, by all licensees required to provide such insurance under the provisions of this article.
(c) Every insurance policy required hereunder shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall not be affected by the insolvency or the bankruptcy of the assured, and that until the policy is revoked the insurance company will not be relieved from liability on account of non-payment of premium, failure to renew license at the end of the year, or any act or omission of the named assured. Such policy of insurance shall be further conditioned for the payment of any judgments up to the limits of such policy, recovered against any person other than the owner, his agent or employee, who may operate the same with the consent or acquiescence of the
owner.
(d) Every insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give not less than thirty (30) days written notice to the health officer and to the assured before any cancellation or termination thereof earlier than its expiration date and the cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued for the ambulances covered by such policy, unless another insurance policy complying with the provisions of this section shall be provided and be in effect at the time of such cancellation or termination.
(Ord. No. 19, § 5, 12-18-78)
Sec. 9-126. Investigation of applicant; inspections.
(a) The health administrator shall, within fifteen (15) days after receipt of an application for an ambulance license, cause such investigation as he deems necessary to be made of the applicant and of his proposed operations.
(b) The health administrator shall issue a license for a specified ambulance, to be valid for a period of one (1) year unless earlier suspended, revoked or terminated, when he finds:
(1) That the public convenience and necessity require the proposed ambulance service.
(2) That the applicant is a responsible and proper person to conduct or work in the proposed business.
(3) That only duly licensed drivers, attendants, and attendant-drivers are employed in such capacities.
(4) That all the requirements of this article and all other applicable laws and ordinances have been met.
(c) Prior to the issuance of any ambulance license hereunder, the health administrator shall cause to be inspected the vehicles, equipment and premises designated in each application hereunder, and determine compliance with the standards prescribed in sections 9-124 and 9-127, and with the regulations promulgated under such sections; provided, however, that under the terms of this article the health administrator shall have no responsibility, and shall exercise no authority, in connection with laws and ordinances of general applicability which deal with motor vehicle inspection.
(d) Subsequent to issuance of an ambulance license hereunder, the health administrator shall cause to be inspected each such licensed vehicle, and its equipment and premises, whenever he deems such inspection to be necessary but in any event no less frequently than twice each year. The periodic inspection required hereunder shall be in addition to any other safety or motor vehicle, including aircraft, inspection required to be made for ambulances or other motor vehicles, including aircraft, or other inspections required to be made, under general law or ordinances, and shall not excuse compliance with any requirement of law or ordinance to display an official certificate of motor vehicle inspection and approval nor excuse compliance with the requirements of any other
applicable general law or ordinance.
(e) A copy of each initial, semi-annual or other ambulance, equipment and premises inspection report prepared by the health administrator shall be transmitted to the applicant or licensee to whom it refers.
(Ord. No. 19, § 6, 12-18-78; Ord. of 5-6-96(1))
Sec. 9-127. Standards for ambulance equipment.
(a) Required equipment in each ambulance in use as such shall include, (unless a fully equipped rescue vehicle accompanies an ambulance on every accident call) equipment adequate for light rescue, protected extrication, two-way radio communications and emergency care including: assisted respiration, providing oxygen, controlling hemorrhage, splinting fractures, dressing of wounds, assisting in emergency childbirth, management of mentally deranged and monitoring blood pressure, pulse and respiration rates for all ages including newborns, infants and children, all as required by RSA 151-B and rules promulgated thereunder.
(b) The health administrator is authorized and directed to promulgate regulation, after public notice and opportunity for public hearing, to implement the standards provided herein as to required equipment in ambulances. In determining the adequacy of equipment, the health administrator shall take into consideration the current list of essential equipment for ambulances*, adopted by the American College of Surgeons or its duly authorized committee on trauma. Each licensee of an ambulance shall comply with such reasonable regulation hereunder as may be promulgated by the health administrator and shall maintain in each such ambulance, at all times when it is in use as such, all such equipment as may be prescribed by the health administrator hereunder.
* Conforms with equipment requirement portions of Medical Requirements for Ambulance Design and Equipment (NAS-NRC, latest revision).
(c) All vehicles operating as ambulances on public streets of the city shall be licensed by the health administrator, each vehicle will be issued a license if conditions are met and maintained.
(1) An ambulance vehicle license is for the purpose of transporting emergency and other patients.
(2) There shall be at least two (2) licensed attendants in all ambulance vehicles, one (1) of whom may be the driver on all ambulance runs.
(3) Each ambulance vehicle shall comply with subsections (a) and (b) above.
(4) An accompanying license fee of ten dollars ($10.00) shall be required.
(Ord. No. 19, § 7, 12-18-78; Ord. No. 20, § B, 2-19-79; Ord. of 5-6-96(1))
Sec. 9-128. Applications for drivers, attendants and attendant-drivers license.
Applications for drivers, attendants and attendant-drivers licenses hereunder shall be made upon such forms as may be prepared or prescribed by the health officer and shall contain:
(1) The applicant's full name, current residence, places of residence for three (3) years previous to moving to his present address, and length of time he has resided in the city.
(2) The applicant's age, marital status, height, color of eyes, and hair.
(3) Whether he has ever been convicted of a felony or misdemeanor, and if so, when and where and for what cause.
(4) The applicant's training and experience in the transportation and care of patients of all ages, including newborns, infants and children, and whether he has previously been licensed as a driver, chauffeur, attendant or attendant-driver, and if so, when and where, and whether his license has ever been revoked or suspended in any jurisdiction and for what cause.
(5) Affidavits of good character from two (2) reputable citizens of the United States who have personally known such applicant and observed his conduct during one (1) year next preceding the date of his application.
(6) Two (2) recent photographs of the applicant, of a size designated by the health officer, one (1) of which shall be attached by the health officer to the license.
(7) Such other information as the health officer shall deem reasonably necessary to a fair determination of compliance with this article.
(8) An accompanying license fee of five dollars ($5.00).
(Ord. No. 19, § 8, 12-18-78)
Sec. 9-129. Standards for drivers, attendants and attendant-drivers license.
(a) The health administrator shall, within a reasonable time after receipt of an application as
provided for herein, cause such investigation as he deems necessary to be made of the applicant for a drivers, attendants, or attendant-drivers license.
(b) The health administrator shall issue a license to a driver, attendant or attendant-driver hereunder, valid for a period of one (1) year unless earlier suspended, revoked, or terminated, when he finds that the applicant:
(1) Is not addicted to the use of intoxicating liquors or other drugs as applied by the bureau of narcotics and dangerous drugs (BNDD) and is morally fit for the position;
(2) Is able to speak, read and write the English language;
(3) Has been found by a duly licensed physician, upon examination attested to on a form provided by the health administrator, to be of sound physique, possessing eyesight in one (1) eye of 20/20 vision, and the other or worse eye can be corrected to at least 20/40 vision, and free of physical defects or diseases which might impair the ability to drive or attend an ambulance; and
(4) For each applicant for attendant or attendant-drivers license, that such applicant has a currently valid certificate evidencing successful completion of a course of training meeting or exceeding the requirements of the National Highway Traffic Safety Administration, U.S. Department of Transportation's "Basic Training Program for Emergency Medical Technicians, Ambulance," which the department of health, education, and welfare has accepted as its basic training program. Provided, however, that no one shall be licensed as a driver or attendant-driver unless he holds a currently valid chauffeur's license from the state, or FAA commercial license for aircraft pilots.
(c) A license as driver, attendant or attendant-driver issued hereunder shall not be assignable or transferable.
(d) No official entry made upon a license may be defaced, removed, or obliterated.
(Ord. No. 19, § 9, 12-18-78; Ord. of 5-6-96(1))
Sec. 9-130. Renewal of license.
Renewal of any license issued under this article, upon expiry for any reason or after revocation, shall require conformance with all the requirements of this article as upon original licensing.
(Ord. No. 19, § 10, 12-18-78)
Sec. 9-131. Revocation of license.
(a) The health administrator may, and is hereby authorized to, suspend or revoke a license issued hereunder for failure of a licensee to comply and to maintain compliance with, or for his violation of, any applicable provisions, standards or requirements of this article, or of regulations promulgated hereunder, or of any other applicable laws or ordinances or regulations promulgated thereunder, but only after warning and such reasonable time for compliance as may be set by the health administrator. Within thirty (30) days after a suspension, the licensee shall be afforded a hearing, after reasonable notice. The health administrator shall, within thirty (30) days after conclusion of such hearing, issue a written decision (which shall include written findings) as to the
suspension of the license. Such written decision shall be promptly transmitted to the licensee to whom it refers.
(b) The initial, semi-annual or other ambulance, equipment and premise inspection reports of the health administrator herein provided for shall be prima facie evidence of compliance or noncompliance with, or violation of, the provisions, standards and requirements provided herein, and of the regulations promulgated hereunder, for the licensing of ambulances.
(c) Upon suspension, revocation or termination of an ambulance license hereunder, such ambulance shall cease operations as such and no person shall permit such ambulance to continue operations as such. Upon suspension, revocation or termination of a drivers, attendants or attendant-drivers license hereunder, such driver, attendant or attendant-driver shall cease to drive or attend an ambulance and no person shall employ or permit such individual to drive or attend an ambulance.
(Ord. No. 19, § 11, 12-18-78; Ord. of 5-6-96(1))
Sec. 9-132. Obedience to traffic laws, ordinances and regulations.
(a) The driver of an ambulance, when responding to an emergency call or while transporting a patient, may exercise the privileges set forth in this section, but subject to the conditions herein stated, and only when such driver has reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges.
(b) Subject to the provisions of subsection (a) above, the driver of an ambulance may exercise special privileges as shown in the uniform vehicle code and model traffic ordinance of the national committee on uniform traffic laws and ordinances.
(c) The exemptions herein granted shall apply only when such ambulance is making use of audible and visual signals meeting the requirements of law, ordinance, or regulation.
(d) The foregoing provisions shall not relieve the driver of an ambulance from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
(Ord. No. 19, § 12, 12-18-78)
Sec. 9-133. Penalties.
(a) Any person violating, or failing to comply with, the provisions of section 9-122(a) and the applicable provisions hereof relating to the licensing of ambulances, shall be deemed guilty of a violation and upon conviction thereof shall be fined an amount not exceeding one hundred dollars ($100.00), provided, further, that each day of violation shall be deemed a separate offense.
(b) Any person violating, or failing to comply with, any other provision of this article shall be deemed guilty of a violation and upon conviction thereof shall be fined an amount not exceeding one hundred dollars ($100.00), provided, further, that each day of violation shall be deemed a separate offense.
(c) Each day that any violation of, or failure to comply with, this article is committed or permitted to continue shall constitute a separate and distinct offense under this section and shall be punishable as such hereunder; provided, however, that the court may, in appropriate cases, stay the cumulation of penalties.
(Ord. No. 19, § 13, 12-18-78)
Secs. 9-134--9-150. Reserved.
ARTICLE V.
PEDDLERS, SOLICITORS, ITINERANT VENDORS*
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* Editors Note: An ordinance adopted April 6, 1998, deleted §§ 9-151--9-159 and added new §§ 9-151--9-162. Formerly, such sections pertained to similar provisions and derived from Ord. No. 17, §§ I--IX, 11-6-78.
Cross References: Streets, sidewalks and other public places, Ch. 13.
State Law References: Hawkers and peddlers, RSA 31:102a.
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Sec. 9-151. License required.
It shall be unlawful for any person, firm, corporation, partnership or other entity to engage in the business of peddler or vendor, as hereinafter defined, within the city without having first obtained a license for that purpose from the city clerk and having paid the required license fee, as hereinafter provided. License application forms shall be available at the office of the city clerk, Berlin, New Hampshire.
(Ord. of 4-6-98)
Sec. 9-152. License exceptions.
The following shall be exempt from the licensing requirements of this article but shall comply with the requirements and restrictions of this article as listed below:
Any non-profit organization, community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, literary or educational purposes when no part of the entities earnings benefit any private shareholder or individual.
(Ord. of 4-6-98)
Sec. 9-153. Definitions.
For the purposes of this article, the following definitions shall apply:
Motor vehicle. Any vehicle used for the displaying, storing, or transporting of articles offered for sale by a vendor which is or would be required to be licensed and registered by the department of motor vehicles.
Peddler. As used herein shall be defined as in RSA 320:1 and shall mean and include any person, as defined by RSA 358-A:1, either principal or agent, who: (I) Travels from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares, or merchandise, either on foot or from any animal, cart, stand, or vehicle; or (II) Travels from town to town, or place to place in the same town, offering to perform personal services for household repairs or improvements, or solicits or induces any person to sign any contracts relating to household repairs and improvements, including contracts for the replacement or installation of siding on any residence or building; or (III) Keeps a regular place of business, open during regular business hours at the
same location, but who offers for sale or sells and delivers, personally or through his agents, at a place other than his regular place of business, goods, wares, or merchandise. The word "peddler" shall include "hawker" and "huckster".
Stand. Any table, showcase, bench, rack, pushcart, wagon, or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the department of motor vehicles, used for the displaying, storing or transportation of articles offered for sale by a hawker, peddler or vendor.
Itinerant vendor. As used herein shall be defined as in RSA 321:1 and shall include all persons, as defined by RSA 358-A:1, both principals and agents, including those persons whose principal place of business is not in this state, who engage in a temporary or transient business in this state, either in one (1) locality or traveling from place to place, selling goods, wares and merchandise, with a total value greater than five hundred dollars ($500.00), from stock or by same for future delivery, and who, for the purpose of carryin | 
