PUBLIC HEARING
JUNE 19, 2006
Chairman Nelson opened the Public Hearing at 7:10pm. In attendance were Chairman Gary F. Nelson, Selectman John P. Ulcickas, Selectman Robert S. Donovan, Jr., Town Administrator Nancy J. Wrigley, Selectmen’s Office Manager Mary B. Winglass, Police Chief Lawrence Streeter and members of the community.
Chairman Nelson announced that extra copies are available of all the ordinances to be discussed tonight.
Town Parks and Recreation Areas Ordinance
Per RSA 31:39, 35-B and 36-A to adopt a “Town Parks and Recreation Areas Ordinance” to regulate and enforce the rules and regulations for ALL town parks, commons, conservation land and town owned properties and recreation areas both present and future.
Chairman Nelson stated that the proposed Town Parks and Recreation Areas Ordinance started about a year ago with the Recreation Commission and since then it has been sent to all the Boards in town for their comment and has been tweaked along the way. Chairman Nelson asked if there were any comments on this ordinance. There were no comments from the public. Chairman Nelson stated that this ordinance came about due to the need to establish rules and regulations on all town properties and to give the Police Department direction on enforcement.
Chairman Nelson motioned to adopt the Town Parks and Recreation Areas Ordinance as written. Second by Selectman Donovan. Vote: Unanimous.
Noise Ordinance
Per RSA 31:39 (n) to adopt a “Noise Ordinance” to regulate noise and to provide for the promotion of public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the Town and its citizens.
Chairman Nelson stated that the proposed Noise Ordinance was prepared by Police Chief Streeter last fall and since then it has been sent to all the Boards in town for their comment and has been tweaked along the way. Chairman Nelson asked if there were any comments from the public.
Resident Ron Skovron of 21 Goulds Hill Road asked if the ordinance regulated motorcycle exhaust noise as the ordinance reads motor vehicle and whether or not the Police Department will use a decibel meter. Chief Streeter responded that a motorcycle is a motor vehicle and after reviewing surrounding town’s policies, he decided not to use a decibel meter. The Town of Kingston uses a decibel meter; the Town of Plaistow does not. The one town noise ordinance that best fits with the Town of Newton is from the Town of Henniker, NH which only needed minor tweaking. Chief Streeter added that he likes the reasonable standard used when regulating noise. If an officer uses the decibel meter, it takes the gray out of it and the resident would be cited for a violation. Using the reasonable standard allows for the
officer to advise the person, which he feels is a reasonable approach when handling a noise issue.
Jason Hubbard of 34 Wilders Grove Road added that the state has a decibel standard for motor vehicles. Chief Streeter reiterated that if the standard does not work then we can come back and change the ordinance, but it is his recommendation to the Board to approach this issue using the reasonable approach. The Board agreed to keep the ordinance as written but to keep in mind that the Selectmen can change the ordinance in the future if needed.
Resident Mary Marshall of 33 Crane Crossing Road requested that the Board to consider adding under the heading “Animals, birds and the like” to exclude “certified organic farmers” as this ordinance could affect the business of raising chickens. Mrs. Marshall added that roosters are used by certified organic farmers and this ordinance could affect the licensing of these farmers. The Board agreed to add the wording “with the exception of certified organic farmers” under section 3 (d) Animals, birds and the like.
Mrs. Marshall also requested the Board to consider regulating fireworks. As a horse owner, she has had problems with fireworks being fired off close to her house and as horses do not like loud noises, such as fireworks, it has created a traumatic experience for both owners and horses. The Board questioned Chief Streeter on his knowledge of the state fireworks laws and whether they could be regulated by the town or has the state already deemed them illegal. Chief Streeter requested time to look into the state laws and to get back to the Selectmen on this issue. The Board agreed to continue this portion of the public hearing until July 17, 2006.
Chairman Nelson motioned to continue the public hearing on the noise ordinance until July 17, 2006. Second by Selectman Ulcickas. Vote: Unanimous.
Peddling and Charitable Soliciting Ordinance
Adopt a “Peddling and Charitable Soliciting Ordinance” which includes two articles (1) per RSA 31:91 “ Charitable Solicitation” to require approval from the Board of Selectmen for soliciting of funds for charitable purposes and for the sale of tags, flowers, or other objects sold for charitable purposes (2) per RSA 31:102-a Hawkers, Peddlers and Vendors to provide for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within the town.
Chairman Nelson stated that the proposed Peddling and Charitable Soliciting Ordinance was prepared by Police Chief Streeter last fall and since then it has been sent to all the Boards in town for their comment and has been tweaked along the way. Chairman Nelson asked if there were any comments from the public. Office Manager Mary Winglass announced that the version on the town’s website has been altered slightly due to a recommendation from town counsel.
Chief Streeter stated that this ordinance arose out of an event that happened last summer. A vendor was going door to door selling appliances and some residents called the Police Department for they were feeling threatened. This ordinance will allow the town and the police department to know who is going around town and knocking on doors. The intent is to help make the residents feel more comfortable when someone knocks on the door.
Chairman of the Historical Society Mary Marshall questioned whether this ordinance will affect the sale of flowers by the Historical Society or is it strictly door to door sales. Chief Streeter responded that he does not want to restrict the policy to just door to door sales for this ordinance would cover someone leasing a lot of land and using it to sell goods. The best way to deal with it is to have the Historical Society complete an application; it’s free and relatively painless. The Board decided to add the following wording to Section 4 under Charitable Solicitation “There shall be no fee”.
Resident Susan Cassidy of 58 Wilders Grove Road asked how this ordinance affects the Girl Scouts and Boy Scouts. The Board pointed out Section 4 under Charitable Solicitation which reads that the organization must complete an application for permit through the Selectmen’s Office, again there is no fee. This process just lets the town know who is out walking door to door. Ms. Cassidy questioned the time frame to be notified by the town if/when they have been approved. The Board decided to add to Article 1 Charitable Solicitation the same wording listed under Hawkers, Peddlers and Vendors “Applications will be acted upon in or within five working days of receipt”.
A discussion ensued on how residents are to know if the person at their door has registered with the town. Chief Streeter responded that each hawker, peddler and vendor must carry with them the permit to exhibit whenever they are requested to do so by any police officer or by any person solicited. A resident brought up the idea of requiring advance warning by having the person put an advertisement in the newspaper prior to going door to door.
Country Pond Fish and Game asked if they need a permit in order to have an event on their property. Chief Streeter responded “no”.
Chairman Nelson motioned to adopt the Peddling and Charitable Soliciting Ordinance as amended. Second by Selectman Donovan. Vote: Unanimous.
Parking Ordinance – Country Pond Road
Per RSA 31:39, 41:11, 47:17 XVIII, 265:69, 262:32, 231:132-a to adopt a Parking Ordinance – Country Pond Road to regulate vehicle parking on Country Pond Road and to provide for the promotion of public health, comfort, convenience, safety, welfare, prosperity and the peace and quiet of the Town and its citizens.
Chairman Nelson stated that this ordinance came about after a series of events arose with people parking along side of Wilders Grove Road during the summer months creating a dangerous situation. The reason it created a dangerous situation is that the road is narrow and many vehicles park along side the road with their boat trailers. Members of the Wilders Grove Association requested to the Board for something to be done before someone gets hurt. After conducting a site walk with the Board of Selectmen, Road Agent, Police Chief and Fire Chief, this ordinance was written to provide for the safety and welfare of the Town and its citizens.
Chairman Nelson added that the proposed Parking Ordinance – Country Pond Road was prepared by Police Chief Streeter and since then it has been sent to all the Boards in town for their comment and has been tweaked along the way. Chairman Nelson asked if there were any comments from the public.
There were a few comments from members of the Wilders Grove Association thanking the Board for taking action on this safety issue and one member showed the Board a picture of a truck and boat trailer parked haphazardly along the road.
Chairman Nelson stated that “No Parking” signs have been put up as well as “Resident Parking Only Permit Required” signs. With the signs in place and with the Board accepting this ordinance tonight, will give the Police Department some teeth with their enforcement for he has personally seen vehicles parked in unsafe areas on Wilders Grove Road.
Resident Mike Fortin of 22 Wilders Grove Road discussed putting up additional signs, possibly at the entrance of Wilders Grove Road giving them notice of the No Parking and that it is being strictly enforced and violators will be fined.
Mr. James Baker of 1 Ridge Road stated that he has seen signs that refer to parking violations, first offense, second offense etc…
Chairman Nelson motioned to adopt the Parking Ordinance – Country Pond Road as written. Second for discussion by Selectman Ulcickas. Discussion: Look into adding more signs stipulating the penalties. Residents are to call dispatch when they see a violation. Chief Streeter added that he will do his best to patrol the area but we need to remember that the town has only one patrol car to cover 42 miles. Vote: Unanimous.
Continuation of Noise Ordinance
Police Chief Streeter then added that he has some information on fireworks and requested that the Board go back and discuss the Noise Ordinance.
Chairman Nelson motioned to rescind his motion earlier to continue the public hearing on the noise ordinance until July 17, 2006. Second by Selectman Ulcickas. Vote: Unanimous.
Chief Streeter referred to RSA 160-C:11 which allows for a person who is 21 years of age or older to possess permissible fireworks except in a municipality which has voted to prohibit possession. Chief Streeter added that the explosive, loud fireworks are prohibited by state law. Again the Chief talked about reasonable standard to allow for the officer to advise the person, which he feels is a reasonable approach when handling a noise issue. We can’t write in every situation so that it is covered by the ordinance. The ordinance can be changed as deemed appropriate as we move forward with the enactment. Chief Streeter’s recommendation is to adopt the ordinance tonight, see how it works and hold another public hearing if/when the need arises.
Chairman Nelson motioned to adopt the Noise Ordinance as written and edited. Second by Selectman Ulcickas. Vote: Selectman Donovan –no, Selectman Ulcickas – yes, Chairman Nelson - yes. Motion passed.
Chairman Nelson closed the public hearing at 8:25pm.
Respectfully Submitted,
Mary B. Winglass
Office Manager
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