New Hampshire § 31:39 Purpose and Penalties

New Hampshire Statutes

§ 31:39 — Purpose and Penalties

New Hampshire·Title III TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES·Ch. 31 POWERS AND DUTIES OF TOWNS·Subdivision Power to Make Bylaws

I. Towns may make bylaws for:

(a)The care, protection, preservation and use of the public cemeteries, parks, commons, libraries and other public institutions of the town;

(b)The prevention of the going at large of horses and other domestic animals in any public place in the town;

(c)The observance of Memorial Day, whereby interference with and disturbance of the exercises for such observance, by processions, sports, games or other holiday exercises, may be prohibited;

(d)Regulation of the use of mufflers upon boats and vessels propelled by gasoline, oil or naphtha and operating upon the waters within the town limits;

(e)The kindling, guarding and safekeeping of fires, and for removing all combustible materials from any building or place, as the safety of property in the town may requi

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I. Towns may make bylaws for:
(a) The care, protection, preservation and use of the public cemeteries, parks, commons, libraries and other public institutions of the town;
(b) The prevention of the going at large of horses and other domestic animals in any public place in the town;
(c) The observance of Memorial Day, whereby interference with and disturbance of the exercises for such observance, by processions, sports, games or other holiday exercises, may be prohibited;
(d) Regulation of the use of mufflers upon boats and vessels propelled by gasoline, oil or naphtha and operating upon the waters within the town limits;
(e) The kindling, guarding and safekeeping of fires, and for removing all combustible materials from any building or place, as the safety of property in the town may require;
(f) The collection, removal and destruction of garbage, snow and other waste materials;
(g) Regulating the operation of vehicles, except railroads as common carriers, upon their streets;
(h) Regulating the conduct of public dances;
(i) Regulating the conduct of roller skating rinks;
(j) Regulating the sanitary conditions of restaurants within town limits in accordance with the provisions of RSA 147:1;
(k) Issuing a license for the operation of a restaurant and other food serving establishments within the town limits and charging a reasonable fee for same;
(l) Making and ordering their prudential affairs;
(m) Issuing permits for tattooing facilities and charging a fee for the permit; and
(n) Regulating noise, except that no ordinance or bylaw that attempts to regulate noise from activities related to farms, agriculture, and farming as defined in RSA 21:34-a shall be enforceable within a town. This exception shall not apply to agritourism as defined in RSA 21:34-a, II(b)(5).
(o) Requiring the reporting of contributions to, and expenditures by, any candidate or political committee made for the purpose of influencing the election of any candidate for local elective office, or any person or committee for the purpose of influencing the vote on any local ballot or referendum question.
(p) Regulating the retail display and accessibility of martial arts weapons including throwing stars, throwing darts, nunchaku, blow guns, or any other objects designed for use in the martial arts that are capable of being used as lethal or dangerous weapons.
II. Towns may appoint all such officers as may be necessary to carry the bylaws into effect.
III. Towns may enforce the observance of the bylaws by suitable penalties not exceeding $1,000 for each offense to enure to such uses as the town may direct.

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Legislative History

RS 31:6, 7. 1845, 242:1. CS 32:6, 7, 8. GS 34:5, 6, 7; 45:5. GL 37:5, 6, 7; 49:6. PS 40:7, 8. 1901, 5:1. 1909, 94:1. 1919, 86:3. 1925, 140:1. PL 42:30. 1937, 84:1. RL 51:32. 1949, 133:4. RSA 31:39. 1969, 68:1. 1971, 93:1; 512:8. 1981, 211:1. 1983, 166:1. 1985, 71:1. 1993, 306:1, eff. Aug. 22, 1993. 2007, 43:1, eff. July 20, 2007. 2010, 263:1, eff. July 6, 2010. 2023, 83:1, eff. Aug. 19, 2023. 2025, 61:1, eff. Aug. 1, 2025.