PLEASE NOTE: Individual town ordinances, listed under a topic heading, are cited because of their currency, innovation, or relevance to sparsely (or densely) populated communities. OSP does not recommend the use of any specific ordinance as a model. Municipalities are encouraged to seek advice from legal counsel before adopting any ordinance or regulation. Noise Control Town of Plymouth Disorderly Action Ordinance, 1993 Disorderly Actions: A person is guilty of disorderly actions if: I. A person knowingly or purposely creates a condition which is hazardous to himself or another in a public place by any action which serves no legitimate purpose; or II. A person: a. Engages in fighting or violent, tumultuous or threatening behavior in a public place; or b. Directs at another person in a public place obscene, derisive, or offensive words which are likely to provoke a volent reaction on the part of any ordinary person; or c. Obstructs vehicular or pedestrian traffic on any public street or sidewalk or the entrance to any public building; or d. 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; or e. Knowingly refuses to comply with a lawful order of a peace officer to move from any public place; or III. A person: a. 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 b. Disrupting the orderly conduct of business in any public or governmental facility; or c. Disrupting any lawful assembly or meeting of persons without lawful authority; or d. Making loud or unreasonable noises by operating any mechanically powered saw, grinder, drill, lawn mower or garden tool, or similar device used outdoors, with the exception of snowblowers, before 6:00 a.m. Monday through Saturday an before 10:00 a.m. on Sunday; or e. 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 f. Operating any motor vehicle within the town of Plymouth so as to make excessive noise by any of the following means: 1. Misuse of power, acceleration or traction so as to spin the wheels in the manner commonly known as "laying rubber". 2. Misuse of brake and stopping power in the deceleration of a motor vehicle where no emergency exists. 3. Misuse of power, acceleration or traction by means of rapid upshift or downshift of transmission gears. 4. Racing of engine by means of the accelerator, carburetor, gear selector, either when the motor vehicle is in motion or stationary. g. Continuing, or causing or allowing to be made or continued any action under the foregoing sections a, b, c, d, e, or f. IV. In this section: a. "lawful Order" means 1. a command issued to any person for the purpose of preventing said person from committing any offense when the officer has reasonable grounds to believe that said person is about to commit any such offense, or when said person is engaged in a course of conduct which makes his commission of such as offense imminent; or 2. a command issued to any person to stop him from continuing to commit any offense when the officer has reasonable grounds to believe that said person is presently engaged in conduct which constitutes any such offense. b. "Public Place" means any place to which the public or a substantial group has access. The term includes, but is not limited to, public ways, sidewalks, schools, hospitals, government offices or facilities, and the lobbies or hallways of apartment buildings, dormitories, hotels or motels. V. Exemptions: a. The following uses and activities shall be exempt from disorderly actions regulations: 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 emergency pressure relief valves; 3. noises resulting from any emergency an maintenance work as performed by the Town of Plymouth, by the State of New Hampshire, Plymouth State College, Plymouth Highway Department, Plymouth Water and Sewer employees or other public utility companies; noises resulting from the provision of municipal services; noises resulting from private snowplowing services; 4. any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit thereof has been granted or issued by the Town of Plymouth; 5. parades and public gatherings for which the Town of Plymouth has issued a permit; 6. bells, chimes or carillons that are presently installed and in use for any purpose; 7. agricultural operations under RSA 430 c:1, c:2, c:3, c:4. VI. Application for Special Permit Prior to the commencement of activity which may violate this ordinance, application for a special permit for relief from this ordinance on the basis of undue hardship may be made to the Board of Selectmen. Any permit granted by the Selectmen shall be in writing and set forth all conditions pertaining to the specified noise and a reasonable time limit for its abatement. VII. Disorderly Actions is a violation, punishable by a fine of not less than $50. but not exceeding $1000.00.