Council sets public hearing on enforcement times for noise ordinance

LACONIA — The city may soon have more regulations around its noise ordinance, namely times during which it is enforced.

Councilors at their meeting on Tuesday night set a public hearing for a potential amendment to the noise ordinance, defining time periods of use for certain loud activities or machinery, during their first meeting in June.

The public hearing is set for 7 p.m. on Monday, June 9, at City Hall downtown. The vote on the public hearing was unanimous. No citizens attended to express their opinions regarding the proposed amendment.

The council’s government operations and ordinances subcommittee met on Jan. 30, to review the existing noise ordinance and approved amended language, which was reviewed by councilors on Tuesday night.

Ward 4 Councilor Mark Haynes requested the ordinance be reviewed after receiving concerns from a constituent. According to the minutes of the Jan. 30 meeting, Tammy Griffin of Bay Street told committee members about noise across the street from her house, as early as 6 a.m. in the summer, and after 5 p.m. at times. Because of projects occurring on Bay Street, dump trucks, cement trucks, cranes, workers, delivery trucks, back hoes and construction equipment disturbed her.

The proposed amendment suggests incorporating a provision forbidding the operation, starting or running of any “high noise device, mechanical or otherwise” involved in excavation, exterior building construction and landscaping in residential zoning districts during the following periods of time: before 7 a.m. and after 8 p.m. Monday through Friday, and before 8 a.m. and after 7 p.m. Saturday and Sunday.

City agencies, projects with planning board approval and related construction agreements and snow removal devices, including snowblowers and plows, are to be exempt from the new restrictions. City Manager Kirk Beattie can approve additional exemptions at his discretion on a case-by-case basis, upon receipt of a written request.

The existing noise ordinance — found in Chapter 167-Noise, Section 167-2 and -3 — does not specify restrictions to the same level of detail. According to the ordinance in place today, numerous provisions related to vehicular noise are defined.

For example, “peeling rubber” or “laying down rubber” in a car by exceeding traction limits in acceleration is prohibited. Similarly, blowing a vehicle horn for reasons other than communicating a warning is prohibited, and operating a mobile refrigeration unit or other type of compressor between 8 p.m. and 7 p.m. while the vehicle is not in motion, except for in emergencies or if the vehicle is loading or unloading, is prohibited, too.

The noise ordinance also defines responsibilities for owners, tenants and residents. They’re considered responsible and liable for any loud, unreasonable noises created by people gathered on a property if the sounds disturb the “public comfort, repose, health, peace, safety, convenience, welfare or prosperity" of a “reasonable” person in Laconia. There are also broad restrictions in place regarding the use of sound equipment.

Penalties in place for violations of the noise ordinance include a fine of up to $250 on every day a violation is committed.