HB68: relative to the enforcement of disorderly conduct by reason of noise.

CHAPTER 260

HB 68 – FINAL VERSION

30Mar2005… 0065h

06/02/05 1798s

29Jun2005… 2043eba

2005 SESSION

05-0193

06/10

HOUSE BILL 68

AN ACT relative to the enforcement of disorderly conduct by reason of noise.

SPONSORS: Rep. Hunter, Hills 7; Rep. Emerton, Hills 7; Rep. R. Wheeler, Hills 7; Rep. Pepino, Hills 11

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill allows a law enforcement officer to take enforcement action to abate loud or unreasonable noises with or without a complaint from another person.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0065h

06/02/05 1798s

29Jun2005… 2043eba

05-0193

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the enforcement of disorderly conduct by reason of noise.

Be it Enacted by the Senate and House of Representatives in General Court convened:

260:1 New Subparagraph; Disorderly Conduct; Noise. Amend RSA 644:2, IV by inserting after subparagraph (b) the following new subparagraph:

(c) When noise under subparagraph III(a) is emanating from a vehicle’s sound system or any portable sound system located within a vehicle, a law enforcement officer shall be considered a person of average sensibilities for purposes of determining whether the volume of such noise constitutes a breach of the peace, public inconvenience, annoyance, or alarm, and the officer may take enforcement action to abate such noise upon detecting the noise, or upon receiving a complaint from another person.

260:2 Disorderly Conduct; Gender Neutral Language Added. Amend the introductory paragraph of RSA 644:2, II to read as follows:

II. He or she:

260:3 New Paragraph; Disorderly Conduct; Noise. Amend RSA 644:2, by inserting after paragraph III the following new paragraph:

III-a. When noise under subparagraph III(a) is emanating from a vehicle’s sound system or any portable sound system located within a vehicle, a law enforcement officer shall be considered a person of average sensibilities for purposes of determining whether the volume of such noise constitutes a breach of the peace, public inconvenience, annoyance, or alarm, and the officer may take enforcement action to abate such noise upon detecting the noise, or upon receiving a complaint from another person.

260:4 Contingency. If HB 628-FN of the 2005 legislative session becomes law, section 3 of this act shall take effect upon its passage and section 1 of this act shall not take effect. If HB 628-FN of the 2005 legislative session does not become law, section 1 of this act shall take effect upon its passage and section 3 of this act shall not take effect.

260:5 Effective Date.

I. Sections 1 and 3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect upon its passage.

(Approved: July 22, 2005)

(Effective Date: I. Sections 1 and 3 shall take effect as provided in section 4.

II. Remainder shall take effect July 22, 2005)