China Bistro

[AC2717]

Originally Posted by SAMIAM

Problem is.....the heavy bass....the one that rattles your windows,does not register high on a sound level meter,thus it does not violate the noise ordinance.If you walk away from a rock band at 110 dbs or more, the last thing you will hear is the bass,which is the most annoying....and only shows about 75 or 80 dbs.You can stand outside of your home and the sound of passing traffic will register higher than the bass.That's why the pd's hands are tied.As annoying as it is,it's just not a viloation.

I do not think you are totally wrong and can appreciate the argument, but the ordinance (Please see below), mentions nothing of Decibel levels specifically see the whole ordinance. They are in violation of every sections of this ordinance, with witnesses to prove that they are. The only part I cannot get around is the last sentence of paragraph 1 of section #2, that it is for the residents of the Town of Gilford, and also Gilford mirrored Laconia's they state the same thing, I am in Laconia they are in Gilford???

ORDINANCE

GILFORD, NEW HAMPSHIRE

AN ORDINANCE RELATING TO NOISE CONTROL



SECTION 1. It is found and declared that:

(a) The making, creation, maintenance or continuation of such loud, unnecessary, unreasonable or unusual noises which are prolonged, unusual, unreasonable or unnecessary in their time, place, use and effect are a detriment to the public comfort, repose, health, peace, safety, convenience, welfare and prosperity of the residents of the Town of Gilford; and

(b) The necessity and the public interest for the provisions and prohibitions hereinafter contained and enacted is a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public comfort, repose, health, peace, safety, convenience, welfare and prosperity of the Town of Gilford and its inhabitants.

SECTION 2. It shall be unlawful for any person, firm or corporation to make, continue or cause to be made or continued, or to allow to be continued any loud, unnecessary, unreasonable or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety, convenience, welfare and prosperity of others within the limits of the Town of Gilford.

(a) Loud, unnecessary, unreasonable and unusual noises shall include, but not be limited to, any noise occasioned by any one or more of the following actions of the operator of a motor vehicle operated within the limits of the Town of Gilford: misuse of power exceeding tire traction limits in acceleration sometimes known as “laying down rubber” or “peeling rubber”; misuse of braking power exceeding tire traction limits in deceleration where there is no emergency; rapid acceleration by means of quick up shifting of transmission gears with either a clutch and manual transmission or automatic transmission; rapid deceleration by means of quick down shifting of transmission gears with either a clutch or manual transmission or an automatic transmission; racing of engines by manipulation of the accelerator, gas pedal, carburetor or gear selection whether the vehicle is either in motion or standing still; the blowing of any horn except as a warning signal or the use of any other noise making device whether the vehicle is either in motion or standing still; and the operation of a mobile refrigeration unit or other types of compressors between the hours of 11:00p.m. and 7:00 a.m. while the vehicle is not in motion except for emergency use or while actually loading or unloading.

(b) Any person who is the owner, or a tenant, or a resident, or otherwise in control of any house, apartment, condominium unit, structure or other property located within the Town of Gilford, shall be responsible and liable for any loud, unnecessary, unreasonable or unusual noises created by one or more persons gathered on said property which disturbs the public comfort, repose, health, peace, safety, convenience, welfare or prosperity of another. Further, any person who is the owner, tenant, resident or otherwise in control of any house, apartment, condominium unit, structure or other property located within the Town of Gilford is responsible and liable for any loud, unnecessary, unreasonable or unusual noises if he permits or allows any gathering of one or more persons to continue to make loud, unnecessary, unreasonable or unusual noises upon such property after having been advised of the disturbing effects such noise is having on another, and the said noise then continues to disturb the public comfort, repose, health, peace, safety, convenience, welfare and prosperity of another within the Town of Gilford.

SECTION 3. Without limitation of the prohibition in Section 2, it shall be unlawful for any person within any residential, commercial, retail or industrial zone of the town to use or operate any radio, musical instrument, phonograph, television set, loudspeaker, or any other sound amplifying equipment or device for the purpose of producing or reproducing sound in such a manner as to disturb the comfort, repose, health, peace, safety, convenience, welfare and prosperity of any neighboring resident or any reasonable person of normal sensitiveness residing in the area. Additionally any person who uses or operates any such sound amplifying machine or device for the purpose of producing or reproducing sound which is either located outside of an enclosed structure so that the sound is directed outside of said structure shall constitute a prima facie violation of the section if any noise or sound can be heard by any neighboring residents or any other person while upon any adjoining private property. Nothing in this section shall prevent the use of loudspeakers or other sound producing or reproducing machine or device to be used provided that the Town of Gilford has issued a license to the said function or activity involving public noises that it deems reasonable, and its determination shall be final.

SECTION 4. Any person who violates any of the provisions of the ordinance shall be guilty of a violation and a penalty shall be imposed not to exceed the sum of one thousand dollars ($1,000.00). Such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person and shall be punishable therefor as provided herein.

SECTION 5. This ordinance adopted by the Board of Selectmen in accordance with the authority of the Town Meeting vote dated March 15, 1995, is intended to replace and supersede the ordinance adopted by the Town Meeting vote of March 13, 1985.

Sources:
Town Meeting Approval – March 15, 1995
RSA 31:39, I (n)

Reference Material:
City of Laconia, NH: Ordinance Chapter 55.
Unnecessary Noises Ordinance 108.85.11 of 07/29/85.
Town of Gilford, NH: Ordinance Relating To Unnecessary Noises Adopted March 13, 1985.
City of Claremont, NH: City Ordinance Chapter 11. Nuisances; Article II Noise; Section 11-26 through 11-34.
City of Keene, NH: Noise Ordinance; 1601.0
State V. Yee, 129 N.H. 155 (1987)
RSA 651:2 Sentences and Limitations.

[SAMIAM]

Spelling police are wrong on this one....."bass" is the corect speling luk it up.

[sa meredith]

Originally Posted by SAMIAM

Spelling police are wrong on this one....."bass" is the corect speling luk it up.

There is no grey area here.
Both the fish and and music is indeed "bass". It is a fact.
A "base" is the bottom of a thing, an animate or inanimate object. ie. The base of the table. The base (or basis) of his line of thinking.
That North Adams State education really comes in handy sometimes. Learned whole bunches of stuff...mostly drinking.

[ironhorsetim]

Originally Posted by AC2717

I am in Laconia they are in Gilford??

You are in Laconia and the other side of the street is Gilford, odd town lines that change at the bottom of White Oaks Rd. The line bears to the right.

[hazelnut]

Here it is in full living color!

It's that dang knob on the left, if they could just turn it down a touch AC2717 could get some sleep!!!!!

[AC2717]

Originally Posted by ironhorsetim

You are in Laconia and the other side of the street is Gilford, odd town lines that change at the bottom of White Oaks Rd. The line bears to the right.

Our entrance into our area is Laconia, in fact the town lines go right down the middle of the street until you get to the split of Weirs Blvd where is actually starts at the blinking yellow light and then up White Oaks hill

So if you get pulled over heading down to the Shaws coming down from the Weirs area so you would be on the Margate side of the road, from Gilford Police, you are actually in Laconia, and conversely the same thing on the other side! Good to know for anyone that gets stopped in that area, they might not be in the correct town and therefore not really be able to pull you over and you can fight it, obviously unless it is criminal

[jmen24]

Originally Posted by AC2717

So if you get pulled over heading down to the Shaws coming down from the Weirs area so you would be on the Margate side of the road, from Gilford Police, you are actually in Laconia, and conversely the same thing on the other side! Good to know for anyone that gets stopped in that area, they might not be in the correct town and therefore not really be able to pull you over and you can fight it, obviously unless it is criminal

This may not work as you plan. Having a few family members in law enforcement, you can be pulled over by a cop that is from another town and they will call in the proper town police and they will issue the go ahead for the officer that witnessed the violation to write the ticket. I have asked this question before and that was the answer I received as two of the three have been in the situation. Maybe Skip would clarify, would hate for someone to get in trouble for thinking they were "above the law."

I have never been inside this place but a friend of mine had an apartment in the building next door and we would sit on the balcony and drink while watching the drunks stumble out the door. The cops would sit in the parking lot of the apartments and swing in as soon as they got in their cars, or they would bag them walking down the street. Made for some very entertaining nights.

The thing about the bass being below the decibel register is funny, because I cannot tell you the number of times I was pulled over for having loud bass in my car. I know, I know, it was a way to get a look at what was going on in the vehicle, but you would think that after running the plates and seeing a couple dozen, "clear, nothing in violation" that they would give it up, just funny how it does not transfer to allowing the police to walk in and check ID's. Oh to think of what I could have done with all that money spent in those stupid stereos.....