TOWN
ORDINANCES
"No
person shall own or operate a place of assembly for an open-air dance in
excess of one hundred or more persons within the Town of
"The Town of
No
person, group, firm or corporation shall, between the hours of 10:00 p.m. and
7:00 a.m., make or cause to make any noise that will create a public
nuisance. Public works and public safety
equipment required for effective delivery of public services shall be exempt
from the provisions of this section. The
term “Unnecessary Noise” shall be defined for all practical purposes as
such: Any unreasonable volume of sound,
which may be heard in continuance from the immediate or surrounding area with
no indication of relief.
Upon
involvement of the Kensington Police Department, the responding police officer
will have reserved the right to use (his or her) discretion and define the word
unreasonable. Upon (his or her)
assessment, a verbal and or written warning may be issued to remedy the
complaint. Failure to comply with the
police officers reasonable alternatives will constitute a violation.
Validity - If any section or part of a section or paragraph of this Article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect any other section or sections, or part of a section or paragraph of this article. Adopted At Town Meeting, March 1988
1.
AUTHORITY – In
accordance with the authority granted by Chapter 31:39 and any other applicable
Chapter or Amendment thereto of the NH Revised Statutes Annotated, the
following Ordinance is hereby adopted by the Town of
2.
RULES AND
REGULATIONS:
a.
Alcoholic
beverages will be permitted only after securing a permit from one of the
Selectmen.
b.
Sleeping during
the nighttime hours is not permitted except by Town groups with permission from
the Selectmen.
c.
The Park is
closed to vehicles from dusk to dawn.
d.
Fires are
permitted after securing a permit from the Town Forest Fire Warden or his
authorized deputies.
e.
All waste and
trash must be cleaned up and removed by owner(s).
f. No mini bikes, motorcycles or summer recreational vehicles are permitted beyond the parking lot.
3.
PENALTY: Any person(s) violating any of the provisions
of this Ordinance shall be liable to a penalty of not more than $100.00 for
each offence.
4. VALIDITY: If any section or part of a section or paragraph of this Ordinance is declared invalid, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of this other section or sections or part of a section or paragraph of this Ordinance. Adopted At Town Meeting, March 1980
Pursuant to the authority conferred by New Hampshire Revised Statutes
Annotated, Chapter 41, Section 11 and Chapter 47, Section 17, in order to
promote the public health and safety and provide for the general welfare of the
citizens of the Town of
From and after the effective date of this Ordinance, it shall be unlawful for any person, partnership or corporation to haul, transport or cause to be transported by vehicle with gross weight over the limits set forth in Table One, and material over Class Five (V) roads, and where they intersect with other highways without securing prior written permission to do so from the Board of Selectmen. Such permission may be conditioned upon the filing with the Board of Selectmen a Performance Bond to secure the repair of said roads damaged as a result of such hauling and transportation operations in any amount and surety sufficient to cover the estimated costs of repair as determined by the Selectmen and the Road Agent. Such bond shall be approved by the Town and conditioned upon the completion and guarantee of said repairs within a period specified by the Board of Selectmen.
TYPE OF VEHICLE WEIGHT
LIMIT (Tons)
2
axle 17
3
axle 30
4
axles 34
5
+ axles 40
The above weight limits may be temporarily lowered to a level not below six (6) tons grow weight if the Board of Selectmen determine that seasonal conditions mandate such an action.
SECTION II: EXCEPTION
There shall be excepted from the load limits above
prescribed, vehicles relating to agricultural uses and vehicles providing
necessary periodic services and products to those persons who reside on the
road, street or highway involved, but none of the above shall extend to permit
through traffic by said vehicles; provided, however, that the Board of
Selectmen may issue a Special Limited Permit upon prior written application for
proposed use in excess of said load limit where the applicant can demonstrate a
legitimate purpose, said Special Limited Permit to be on such terms and
conditions as the Board deems necessary.
SECTION III: BOND FORM
The performance Bond shall be in such form and upon such conditions and terms as shall be determined by the Board of Selectmen.
SECTION IV: PENALTY
Whoever
shall fail to comply with the conditions of this Ordinance shall be guilty of a
violation and subject to fine of Five Hundred Dollars ($500.00) plus
restitution of costs for each such occurrence.
For the purposes of this Ordinance, each load hauled, transported or
caused to be transported over said Town roads shall be deemed a separate
occurrence.
SECTION V: VALIDATION
If
any portion or section of this Ordinance is declared invalid or
unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other provision hereof.
SECTION VI: EFFECTIVE DATE
This ordinance shall be effective upon its being adopted by the Board of Selectmen.
Adopted December 1984
No
person, shall put or place, or cause to be put or placed, in and upon any Town
owned roadway or property and bottles, glass, crockery, cans, scrap metal,
junk, paper, garbage, old automobiles or parts thereof, or refuge of any nature
whatsoever or noxious thing.
A. Penalty –
Any person violating any of the provisions of this Ordinance shall be guilty of
a violation and up conviction thereof shall be liable to a penalty of not more
than Five Hundred dollars ($500.00) for each offense.
B. Validity –
If any section or part of a section, or paragraph of this Article is declared
invalid or unconstitutional, it shall not be held to invalidate or impair the
validity, force or effect any other section or sections, or part of a section
or paragraph of this ordinance.
Adopted at Town Meeting March 1985
SECTION 1.
A. “False Alarm” means the activation of any alarm system
as a result of mechanical failure, accidental activation, misoperation,
malfunction, misuse or neglect, by or of the owner or lessee of an alarm system
whether used for domestic, commercial or industrial purposes. “False Alarm” shall not include alarms caused
by earthquake, violent winds, malfunction of telephone line circuits, or
external causes of a kind beyond the control of the owner or lessee of an alarm
system. Upon the evidence failing to
establish an illegal intrusion or other legitimate need or cause for the activation
of an alarm system, a conclusive presumption shall arise that the activation is
a “false alarm”.
B. If an owner or lessee of an alarm system shall record
more than three (3) false alarms in any period of 180 days, such owner or
lessee shall be liable to a penalty of twenty-five dollars ($25.00).
SECTION 2.
A. Validity – If any section or part of a section, or
paragraph of this Ordinance is declared invalid or unconstitutional, it shall
not be held to invalidate or impair the validity, force or effect of any other
section or sections, or part of a section or paragraph of this Ordinance.
Adopted at Town Meeting March 1985
Within
the Town of
Validity
- If any section or part of a section, or paragraph of this Article is declared
invalid or unconstitutional, it shall not be held to invalidate or impair the
validity, force or effect any other section or sections, or part of a section
or paragraph of this ordinance.
Adopted at Town Meeting March 1993
Within
the Town of
Validity
- If any section or part of a section, or paragraph of this Article is declared
invalid or unconstitutional, it shall not be held to invalidate or impair the
validity, force or effect any other section or sections, or part of a section
or paragraph of this ordinance.
Adopted at Town Meeting March 1993
In
the event of a predicted or ongoing severe winter snowstorm requiring enhanced
actions maintaining snow plowing and/or removal as deemed necessary by the
Kensington Board of Selectmen or their designee, a “Snow Emergency” shall be
called by the Chief of Police. The chief
shall contact the news media, including local radio station to notify the
public that a ban exists and shall specify a start of the snow emergency and
shall estimate when same will be called off.
It shall be unlawful for any person having the custody and/or control of
any vehicle to park or cause the same to be parked within the public right of
way during a snow emergency. Vehicles
interfering with snowplowing and removal operations shall be towed and stored
at owner’s expense.
Validity
- If any section or part of a section, or paragraph of this Article is declared
invalid or unconstitutional, it shall not be held to invalidate or impair the
validity, force or effect any other section or sections, or part of a section
or paragraph of this ordinance.
Adopted at Town Meeting March 1993
An ordinance relative to the keeping of dogs is hereby proposed by the
Dog Officer of said town of
1.
It shall be
unlawful for the owner or keeper of a dog to permit a dog so owned or kept to
run at large without being controlled by a leash, except up his own property or
while hunting under the control of his owner or keeper.
2.
The police shall
impound all dogs on public property in violation of the above provision and
upon a written or oral complaint of the owner of private property; the dog
officer shall impound all dogs unlawfully on said private property.
3.
The Dog Officer,
upon impounding any dog, shall immediately make a formal complaint against the
owner or keeper of the dog in the District Court.
4.
Any person
violating any of the provisions of this ordinance shall be subject to a fine
not exceeding $25.00 for first offense; $50.00 for second offense; and $75.00
on third and subsequent offense.
5.
This ordinance
shall take effect upon its passage and all ordinances or parts of ordinances
inconsistent therewith are hereby repealed.
Adopted at Town Meeting March 1979
Adopted at Town Meeting March 2003
ORDINANCE TO
REGULATE VENDORS, HAWKERS, PEDDLERS, SOLICITORS AND OTHER ITINERANT VENDORS
1. No
person, partnership, corporation or other entity (hereafter known as applicant)
not having a permanent location in the Town of Kensington, and which is
operating from a temporary or seasonal location (including door to door) shall
sell, solicit, barter, purchase or otherwise carryon commerce in goods or
services within the Town of Kensington without first receiving a permit to do
so from the Town of Kensington
2. This section shall not apply to homegrown fruits and vegetables that are harvested on resident properties and then sold on said properties. All other so called "vegetable stands" are required to comply with this ordinance.
3.
This section shall also apply to anyone requesting s road race,
walkathon, use of a right of way, fireworks display, and the use of any town
facility.
4. Persons subject to this ordinance shall apply to the Office of the Selectmen for a permit. The application for permit shall include the following information:
b. The permanent address of the applicant, and the entity, if different from the person making application;
c. The local and permanent telephone number(s) of the applicant and/or entity;
d. The nature of the goods or services involved, and the area or location to be canvassed, the vehicle to be used and the names of all solicitors;
e. The method of solicitation to be used and copies of any proposed contracts, agreements, promotional materials, or other materials designed to be used in solicitation;
f. Insurance coverage shall be provided as required on application.
5.
The Selectmen shall send one copy of the application together with a
copy of the attachments to the Chief of the Kensington Police Department.
6. The Board of Selectmen shall grant said permit at the next regularly scheduled meeting unless they determine that:
a. The Administrative Assistant has previously issued said permit under the guidelines of this ordinance;
7. There shall be no fee for said permit.
8. If
an applicant believes the permit to have been wrongly denied, an appeal of said
decision may be made to the Board of Selectmen who shall hold a meeting on the
issue and who shall grant or deny the permit.
The Selectmen shall hold said hearing within seven (7) business days of
the request for same by the applicant.
9. Other Persons
Covered:
This ordinance also covers Itinerant Purchasers of goods from persons, or organizations in the community, which are not normally in business or retail or wholesale trade. This shall include persons seeking to purchase such items as gold, jewelry, antiques, junk, mobile home accessories and other items, which are not held out for sale in the normal course of business by the owners thereof. This shall not be deemed to include real estate.
10. Complaints:
Upon receipt of any complaint concerning nuisance, hazard, annoyance or
disorderly conduct concerning any section of this ordinance, any or all
solicitors may be asked to stop solicitation by the Board of Selectmen or their
designee and a petition to revoke the permit may be filed with the Board of
Selectmen by any person pending a review hearing within seven (7) days.
11. Notification to Police:
Upon the issuance of a permit to any person, firm, corporation,
religious group or church, the Selectmen shall notify the Police Department of
the same.
12. Identification Required:
Any person, firm, corporation, charitable organization, religious group
or church granted such a permit shall upon demand show suitable identification
to any person demanding same and shall at each solicitation or inquiry identify
the unit benefiting from the funds received.
13. Penalty:
Any person violating any section of this ordinance shall be guilty of a
violation and subject to prosecution in the District Court. Fines not to exceed $500.00
dollars.