Municipal Code Search

23-1.  Open containers prohibited.

It shall be unlawful for any person to consume or possess in an open can, bottle or other container any alcoholic beverage or liquor, as defined by RSA 175, while in a motor vehicle or standing in or upon a public place.

23-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PUBLIC PLACE -- Any place to which the public or a substantial group has access. The term includes but is not limited to public ways as defined by RSA 259:125, sidewalks, University walkways and/or public areas, schools, municipal and government buildings or facilities, the lobbies of apartment buildings, the lobbies and hallways of buildings where business establishments are located and business establishments during time periods when the general public has access, except business establishments properly licensed by the New Hampshire Liquor Commission to sell alcohol or liquor for consumption on the premises.

23-3. Violations and penalties.

If any person shall violate the provisions of this chapter, he/she shall be punished by a fine of $200 with increasing fines for each additional violation..

27-1.  Purpose and Intent.

RSA 31:41d establishes the authority for "Towns to adopt bylaws regulating and licensing the location and operation of coin operated amusement devices, including pinball machines".

27-2.  Definitions.

A.  Amusement  Center:   The term  "amusement  center" shall  mean any premises having thereon  available for  use  by the general public five (5) or  more amusement devices as defined below.    

B. Amusement  Device:   The term  "amusement  device" shall  mean any machine which, upon the  insertion of  a  coin, slug, token, plate or  disc,  may  be operated  by  the public generally for  use  as  a game, entertainment, or amusement, whether or  not registering  a score and whether or not  skill  is used  in its operation.  It shall include but  not be  limited to such devices as  electronic  games, pinball  machines,  skill  ball,  mechanical  grab machines,  and all games, operations, or transactions, similar thereto under whatever  name they may be indicated.  The term does not  include vending  machines  in which are  not  incorporated gaming  or amusement features, nor does  the  term include  any coin‑operated rides or devices  which solely produce music.

C.  Person,  Firm, Corporation, or  Association:   The terms “person", "firm", "corporation" or "association" shall include any of those  entities or   combinations  thereof  owning  an   amusement device, or maintaining an establishment where  one or  more amusement  devices  are  available   for general use by the public, or having control  over  such an establishment.

27-3.  Gambling Devices Not Permitted.

Nothing in this ordinance shall in any way be construed to authorize, license or permit any gambling devices whatsoever prohibited or regulated by New Hampshire Law.

27-4.  Prohibited Practices.

A.  Persons under the age of sixteen (16)  years may operate  amusement  devices  unaccompanied  during non‑school hours but not later than 9:00 P.M. daily.  During school hours, persons under sixteen (16) years of age shall not operate  amusement devices unless accompanied by a parent or guardian.  It shall be the duty of the manager and employees of an establishment where amusement devices are present to ascertain the age of each person operating or wishing  to operate an amusement device.

B.  No prizes of material value may be given or sold at a nominal fee for any   reason whatsoever pertaining to a high score, matching number, or any other outcome of an amusement device game.

27-5.  License Required.

A.  No person, firm, corporation, or association  may allow to be operated any amusement device without first obtaining a license from the Durham Town Administrator.

B.  The Durham Town Council may establish from time to time reasonable licensing requirements, but in no event shall those requirements contain less than the following:

           1.  That the applicant or applicants are eighteen (18) years of age and of good moral character, as reasonably determined by the Chief of Police.

           2.  That a full description of the premises is submitted, with a statement that such premises will be operated in accordance with all applicable local ordinances.

           3.  That the applicant will report the number of proposed amusement devices, and that should such number exceed the original number, an additional fee shall be paid for each such device.

C.  License  Fee:   The  applicant shall pay fifty dollars ($50) per year or any part thereof per device, provided that the applicant may at his discretion  remove and replace any device at will without further payment of a fee. In other words, the license fee shall be determined by the maximum number of devices present on any day of the year, and not by the total number of different machines present during the entire year.

D.  Amusement Center Management Plan:  Any application for an amusement center license shall contain a management plan containing at least the following:

           1.  The number  of  qualified  employees  to  be present at all times;

           2.  Procedures for determining the ages of patrons;

           3.  A plan to control loitering and bicycle parking in the vicinity of  the amusement center; and

           4.  A description of proposed operations to show proper control of noise, glare and overcrowding.

E.   Duration:  Licenses shall be effective from the date granted until December 31 of the year granted. Any amusement center now in operation must pay all fees and apply for a license within thirty (30) days of the effective date of this ordinance. Owners of establishments with fewer than five devices now in operation must file in a like manner and pay all fees.

F.   Renewal:  Each license will be reviewed annually by the Town Administrator and renewed upon payment of  fees if the person, firm, corporation or association applying for renewal has been found to comply with the provision of the ordinance.

G.  Revocation or Suspension: Such license may be revoked or suspended at any time upon a determination of the Town Administrator that repeated incidents of noncompliance with the provisions of this ordinance have been committed by  the license holder, his agent, or employee. Such revocation or suspension shall be carried out by the Town Administrator only after due  notice and hearing.

H.  Additional Requirements: The Durham Town Council may from time to time amend this  ordinance to modify, add, or delete any  provisions  thereof. Nothing in this ordinance shall be  construed to abrogate, limit, or contradict any State or federal law or regulation.

27-6.  Penalty.

Any  person, firm, corporation or association found to have violated this ordinance shall be guilty of a violation as defined by New Hampshire Revised Statutes Annotated.

[HISTORY: Adopted by the Durham Town Council 7-12-93 by Ord. #93-5.  All amendments included at time of adoption of Code].

33-1. Definitions.

A.  "Bicycle" shall mean every pedaled vehicle propelled solely by human power upon which a person may ride, except children’s' tricycles and similar devices.

B.  "Bicycle lane" means any lane, way, path or trail designated by appropriate signs that explicitly provides for bicycle travel.

C.  "Bicycle race" means any competitive bicycle race.

D.  "Sidewalk" as used herein shall mean sidewalks laid out as such by the Town or reserved by custom for the use of pedestrians that lies within the compact part of town.  It shall also include improved sidewalks laid outside the compact area of the Town lying within town right-of-ways.

E.   "Compact area" means the Urban Compact area of the Town established by the State of New Hampshire.  It is that area bound by Route 4, Route 108, Main Street, Mill Road, College Road and that section of Main Street formally known as Old Concord Road.

33-2. Applicability.

Every person riding a bicycle shall be subject to the provisions of this ordinance and all duties applicable to the driver of any other vehicle as required by state statutes, except as to those provisions which by their very nature can have no application.

33-3. Bicycle rules/regulations.

A.  A person riding a bicycle shall not ride other than upon or astride a permanent and regular seat attached to the bicycle.

B.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

C.  No person riding a bicycle shall hold fast to, or hitch on to, any car or other vehicle moving upon a public way.

D.  No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.

E.   Bicycles shall travel only in the direction of travel designated and shall not travel against the flow of  the traffic.

F.   Persons riding a bicycle within the compact area of Town shall ride single file as close to the right-hand edge of the paved portion of the roadway as possible. Where bicycle lanes are provided, riders shall use them.

G.  Persons riding bicycles outside the compact area of Town shall not ride more than two abreast keeping as close to the right-hand edge of the paved portion of the roadway as possible.  In order not to impede the normal flow of traffic, riders shall form a single file close to the right-hand edge of the pavement upon the approach of a motor vehicle from the rear.

H.  A person riding a bicycle may pass a slower-moving vehicle in the same lane provided such movement can be made with reasonable safety.

I.    Bicyclists shall render the appropriate hand and arm signal before turning, reversing direction, or stopping.  A continuous hand and arm signal is not required when control of the bicycle is needed.

J.    It shall be unlawful to ride a bicycle on a sidewalk as defined herein.

K.  Any bicyclist shall stop upon demand of a police officer.

L.   Unless otherwise restricted by traffic control devices, persons may park their bicycles on sidewalks so as not to impede the normal and reasonable movement of pedestrian and other traffic.

M.  A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle or obstruct a lane of travel.

33-4.  Equipment requirements/prohibitions.

A.  Every bicycle operated upon any way during darkness shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the bicycle and with a red reflector on the rear of a type approved by the Director of Motor Vehicles which shall be visible from a distance of 300 feet to the rear when directly in front of the lawful upper beams of headlamps on a motor vehicle.  A lamp emitting a red light visible from 300 feet to the rear may be used in addition to the red reflector.

B.  No person shall sell a new bicycle or pedal for use on a bicycle either separately or as part of a new bicycle unless that pedal is equipped with a reflector of a type approved by the Director of Motor Vehicles which conforms to 49CFR 571.108 Table 2 and which is visible from the front and rear of the bicycle from a distance of 200 feet during darkness.

C.  Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

D.  No bicycles shall be equipped with a siren, nor shall any person on a bicycle use a siren.

33-5. Bicycle races.

A.  No person shall conduct or participate in any competitive bicycle race on any class I, class III, or class III-a highway or on the state-maintained part of any class II highway, unless such race is sponsored by a recognized bicycle organization and the sponsor of such race has obtained, prior to such race, the written approval of the Commissioner of the Department of Safety and Special Events Permit from the Town of Durham.

B.  In the case of a competitive bicycle race on a class III-a highway, the sponsor of the race shall also obtain the approval of the Executive Director of the Fish and Game Department.

C.  The Commissioner of the Department of Safety and the Executive Director of the Fish and Game Department may require insurance, police coverage or other regulations to insure the safety and protection of the public, and the permit may exempt competitors from such requirements relative to rules of the road as are not inconsistent with public safety.

D.  Persons conducting or participating in a bicycle race on Town ways only shall obtain a Special Events Permit from the Town which may be issued upon meeting other prerequisites.

33-6. Licensing.

A.  The licensing of bicycles shall be voluntary.  Owners are encouraged to register bicycles so that they might be identified as the result of the recovery of a lost or stolen bicycle.

B.  The license shall not lapse; however, persons who voluntarily register their bicycles shall notify the Police Department upon transfer of ownership or loss.

C. The fee for licensing shall be one dollar ($1.00) or as amended from time to time by the Town Council.

33-7. Penalty.

Anyone who violates this ordinance shall be subject to fines in accordance with the provisions of Ordinance No. 83-01, "Traffic Violation Penalties" as amended.

33-8. Impoundment.

A.  Pursuant to RSA 265:150, any person violating the provisions of this ordinance shall be deprived of his bicycle in the manner set forth in this section.

B.  Police officers may impound a bicycle for safety considerations enumerated herein, when the safety of a juvenile is at risk, and in conjunction with a violation.  Officers should exercise restraint when resorting to impoundment.

C.  Impounded bicycles will be released as follows:

           1.  Bicycles taken due to safety concerns may be released as soon as the hazard has been corrected.

           2.  Bicycles taken from "at-risk" juveniles shall be released to the parents or legal guardian of the juvenile.

           3.  Bicycles taken as a result of a violation may be held until the disposition of the court case.

42-1.  Definitions.

A.  Town Public Land: Any tract of land and easement conveyed to the Town of Durham by deed duly recorded. For the purposes of this ordinance, such public land shall constitute a public place as defined in RSA 644:2 entitled "Disorderly Conduct”.

B.  Special Event Permit: A written permit issued by the Durham Town Administrator authorizing the activities specified in Section 42-2.

42-2.  Special Event Permit Required for Activities on Public Land.

The following activities on town public land require a Special Event Permit which may be requested by completing a Special Event Permit Application Form as provided by the Town of Durham.

A.  The kindling of an open fire, including any camp or cooking fire.

B.  The use of camp stoves utilizing liquid or gas fuel.

C.  The pitching of a tent, placing or erecting any other camping device, or sleeping on the ground.

42-3. Permit Required From Fire Department.

The requirements of this section shall be in addition to those set forth in RSA 227-L:17 that require a Fire Department permit before lighting certain types of fires.

42-4.  Removal of Unattended Camping Shelters.

Officials of the Town of Durham are authorized to dismantle and remove any items described in Section 42-2 that have been placed on Town Public Land without first obtaining a Special Event Permit.

42-5.  Penalty.

The penalty for violating this ordinance shall be a fine not to exceed one hundred dollars ($100.00) for each instance.

(This Section was created by Ord. #2004-04 dated 08/16/04)

45-1.    Purpose and Intent

The purpose of this chapter is to protect the health, safety, and welfare of the Town of Durham by identifying as disorderly houses those residences that harbor occupants who disturb the peace and tranquility of their neighborhood.

45-2.    Definitions

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING--Any building, dwelling, dwelling unit, fraternity house, sorority house, rooming house, rooming unit, tent, trailer, recreational vehicle, camping site or other structure or place occupied either temporarily or permanently by human beings.

CHIEF--The Chief of Police of the Town of Durham or his/her designee.

DISORDERLY ACTIVITIES--Situations created within or in the immediate vicinity of a building by a building's owner, occupants, or tenants, or the invitees of an owner, tenant or occupant, which would have a tendency to disturb unreasonably the community, the neighborhood or an ordinary individual occupying property in or near the disorderly activity, including but not limited to loud music; boisterous parties; excessively loud or unnecessary noises emanating from within or near the building which are audible outside the building; fights within the building or in its vicinity involving occupants of the building or their invitees; occupants of the building or their invitees being intoxicated outdoors in the vicinity of the building; and other similar activities in the building or in the vicinity of the building.

DISORDERLY EVENT-- An activity to which the police department responds on the basis of a complaint and determines to be disorderly. Multiple responses to a single building that occur within a twelve-(12-)hour period shall be deemed a single disorderly event.

DISORDERLY HOUSE--Any building at which the police department has substantiated two (2) disorderly events within the period of July 1st through June 30th of a given year.

OWNER--The person or persons having the right of legal title to, or the beneficial interest in, a building or parcel of land, as their interest is recorded in the tax records of the Town of Durham.

TOWN ADMINISTRATOR –The Town Administrator of the Town of Durham.

45-3.    Documentation of Complaints

The police department shall document all responses to complaints of disorderly activities and classify each complaint as either substantiated or unsubstantiated.

45-4.    Notice of Disorderly House

Whenever the police department responds to a disorderly event, the owner shall be notified as provided below:

First disorderly event: No later than five (5) calendar days after the first disorderly event, the police department shall deliver by hand or first class mail a copy of this chapter and a notice advising the owner that the police department has responded to a disorderly event.

Second disorderly event: No later than five (5) calendar days after the second disorderly event, the police department shall deliver by hand or first class mail a copy of this chapter and a notice advising the owner that the police department has responded to a second disorderly event. The owner of the disorderly house shall be subject to a fine of $500.00. The owner or his or her representative, designated in writing, shall meet with the Chief, or the Chief’s designee, within ten (10) days of the date of the written notification, or at such other time as agreed by the Chief, to identify ways to prevent future disorderly events. If this meeting occurs within the agreed time period, the fine of $500.00 shall be waived.

Third disorderly event: No later than five (5) calendar days after the third disorderly event at a building, the police department shall deliver by hand or first class mail a copy of this chapter and a notice advising the owner that the police department has responded to a third disorderly event. The owner of the disorderly house shall be subject to a fine of $1000.00. In addition, the notice shall advise the owner or his or her representative, designated in writing, that he or she shall meet with the Chief, or the Chief’s designee, and three representatives from the Rental Housing Commission within ten (10) days of the date of the written notification, or at such other time as agreed by the Chief, to identify ways to prevent future disorderly events. The fine(s) may be waived if, in the discretion of the Town Administrator, the owner has undertaken good faith efforts to prevent the disorderly events. At the time of the meeting with the Chief and the three representatives from the Rental Housing Commission, the following shall occur:

The owner must agree to take effective and immediate measures to prevent future disorderly events, with the initiatives memorialized in a written agreement. The plan must be implemented within one week of the meeting, unless the Chief and the representatives from the Rental Housing Commission agree to another date.

The owner and the Chief shall sign said written agreement. If the owner fails or refuses to enter into such an agreement, the Chief shall refer the matter to the Town Administrator for further legal action.

Fourth and subsequent disorderly events: No later than five (5) calendar days after the fourth and each subsequent disorderly event, the police department shall deliver by hand or first class mail a copy of this chapter and a notice advising the owner that the police department has responded to a fourth, or subsequent, disorderly event. The owner of the disorderly house shall be subject to a fine of $1,000.00 for the fourth and each subsequent event. The fine may be waived if, in the discretion of the Town Administrator, the owner has undertaken good faith efforts to prevent future disorderly events.

DELIVERY OF NOTICES-- Any notice mailed or delivered to any owner as provided in this chapter shall be effective as to the owner identified in the notice, notwithstanding such owner's refusal to accept delivery of the notice and notwithstanding any failure of any other owner to actually receive notice.

45-5.    Penalty

Anyone who violates this chapter shall be subject to fines in accordance with the provisions of Chapter 1 “General Provisions”, Article II “General Penalty”, Section 1-16 (B) “Violations and Penalties” of the Durham Town Code.

(This Section was created by Ord. #2010-08 dtd 9/27/10)

[History: Adopted by the Durham Town Council August 21, 2006 as Ord. No. 2006-05.  This ordinance addresses a deficiency in the New Hampshire Revised Statutes, specifically RSA 645:1, whereby there are no specific regulations for the prohibition of urinating and defecating in public places, or in private places that can be seen from a public place.  Under this specific New Hampshire statute, it is required that the “offended person” be able to see the genitalia of the person urinating or defecating. This ordinance allows the police to take affirmative action through the judicial systems.]

46-1. General Provisions.

It is a violation for any person to urinate or defecate in any public place or in any private place that can be seen from a public place.

46-2.  Recovery of Clean-up Costs.

Any person who violates this ordinance shall be liable for any clean-up costs incurred by the Town of Durham as a result of this violation.   

46-3.    Fines Imposed.                               

Urinating or Defecating

First Offense: $100

Second Offense: $250

Subsequent Offense: $500

46-4.    Exceptions.

This regulation shall not apply to those persons using facilities specifically provided for urinating and defecating. 

49-1.  Leash Requirement.

Except as provided in section 49-2, all dogs in the Town of Durham shall be restrained by a leash not exceeding eight (8) feet in fixed length or a retractable leash with stop control.

49-2.  Exceptions to Leash Requirement.  Section 49-1 shall not apply in the following circumstances:

A.  When the dog is physically present in a structure or vehicle of, or on land owned by

           1.  the dog’s owner; or

           2.  another person who has consented to the presence of the dog;

B. When, after receipt of a written request of any person, the Durham Town Administrator gives written consent, under such conditions that he shall set forth by written directive, for a variance from the requirements of section 49-1 for a particular occasion or event that, in the judgment of the administrator, justifies such variance; or

C.  Federal or state law requires otherwise.

49-3.  Impoundment.

A police officer or person designated as the Animal Control Officer is authorized to apprehend any dog not restrained as required by this chapter and impound it at a suitable animal shelter authorized by the Town. 

49-4.   Notice and Redemption

When a dog is impounded, the person who owns, keeps or harbors such dog shall be notified forthwith.  This person may reclaim the dog upon payment of all costs and charges incurred by the Town but in no event  less than $50.00.  If the dog is unclaimed at the end of seven days, the dog shall be turned over to the SPCA or other sanctioned facility.                      
 

49-5.   Removal of excrement/feces

A. Definition:  For the purpose of this section, the reference to a mechanical or other device shall include, without limitation, a pooper scooper, a trowel, a shovel, a plastic bag or other appropriate container.

B. Removal from public property. Any owner or person having custody of any dog shall not permit the dog on public grounds, including public streets, sidewalks, parks, or any other public grounds within the town, unless the owner or person in control has in their possession a mechanical or other device for the removal of excrement/feces, nor shall such owner or person in control fail to expeditiously remove any such excrement/feces deposited by the dog in any such place, and subsequently dispose of said waste in a public trash receptacle, public dog waste receptacle, or by other means on property owned or occupied by the dog owner or the person with custody of the dog.                                                                                  

49-6. Penalty.

Pursuant to RSA 31:39, III, any person  guilty of violating this ordinance shall be fined as follows:

      1st offense:                                $ 25.00

      2nd offense:                               $ 50.00

      3rd & subsequent offenses:    $150.00               

( Chapter 49 amended by Ord. #2001-10 dated 9/24/01 Ord. #2018-5 dated 10/15/18)

50-1.  Purpose and Intent.

The Town of Durham adopts the provisions of NH RSA 202-A:4-c authorizing indefinitely, until specific rescission of such authority, the Durham Board of Library Trustees to apply for, accept and spend, without further action by the Town Council, unanticipated money from a state, federal or other governmental unit or a private source which becomes available during the fiscal year.  Such money shall be used only for legal purposes for which a Town may appropriate money.

50-2.  Procedure.

The Durham Public Library Board of Trustees shall hold a prior public hearing on the action to be taken.  Notice of the time, place, and subject of such hearing shall be published in a newspaper of general circulation in the Town of Durham at least 7 days before the hearing is held.

50-3.  Authority.

The Town of Durham, through the Town Council authorizes the Durham Public Library Board of Trustees to apply for, to accept and spend, without further action by the Town Council, unanticipated money from a state, federal or other governmental unit or a private source which becomes available during the fiscal year. Such money shall be used only for legal purposes for which a Town may appropriate money.

51-1.  Authority.

A.  The Town Council of the Town of Durham is invested with all powers conferred upon and may discharge all the duties conferred upon Town Councils, Town Meetings, Boards of Mayor and Alderman and Selectmen of Towns by law.

B.  The Town Council of the Town of Durham pursuant to RSA 202-A:4-d authorizes the Durham Public Library Board of Trustees to accept gifts of personal property, other than money, which may be offered to the library for any public purpose, and such authorization shall remain in effect until rescinded by vote of Town Council of the Town of Durham; and

C.  No acceptance of any personal property under the authority of this ordinance shall be deemed to bind the Town or the Durham Public Library Board of Trustees to raise, appropriate, or expend any public funds for the operation, maintenance, repair, or replacement of such personal property,

D.  The Town of Durham, through the Town Council authorizes the Durham Public Library Board of Trustees to accept gifts of personal property, other than money, with such authorization to remain in effect until rescinded by vote of the Town Council of the Town of Durham.

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-04 dated February 3, 2020].

55-1.    General Provisions

This ordinance shall govern the use of all motorized devices, such as scooters, within the Town of Durham.  Motorized devices are not considered motorized vehicles per NH motor vehicles laws.

55-2.    Definition

For the purpose of this ordinance the term ‘motorized devices’ shall mean any device with a gas or electric engine and wheels joined to the bottom of a narrow platform that may or may not have vertical handles fixed to the platform, frame or wheels that is powered without the assistance of human peddling, pushing or gliding.  It shall not include mobility devices used by the elderly or those with disabilities.

55-3.    Obedience to traffic control ordinances; effect of conflict

Any person operating a motorized device operated upon any public roadway within the Town shall be operated in accordance with all the provisions contained in the traffic ordinances of the Town and with the provisions of New Hampshire Chapter 265-Rules of the Road, except that when any provision contained in such ordinances conflicts with any provision in this chapter, the provisions of this chapter shall predominate, or when by their nature they can have no application thereto. Operation of these devices upon any Town sidewalk is strictly prohibited.  Use of motorized devices on University of New Hampshire multi-use trails, sidewalks or roadways shall be subject to regulations of the University of New Hampshire

55-4.    Obedience to traffic control ordinances; exceptions

Drivers of motorized vehicles must obey all official traffic signals, signs, and other control devices within the Town used in regulating and directing traffic, unless otherwise directed by a police officer; and on public roadways where authorized signs are erected, no person or persons operating a motorized device in the Town shall disobey the regulation contained therein, except that when such person dismounts from the motorized device to make any such maneuver, the operator shall obey all the traffic ordinances provisions applicable to pedestrians.

55-5.    Age Requirements

The use of a motorized device on public rights of way by individuals under the age of 16 is strictly prohibited.

55-6.    Equipment Required

No person shall operate a motorized device unless it is equipped with a brake, lights, and bell or audible alert.

Any motorized devices operated upon any public roadway during the period one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, and whenever rain, snow or fog shall interfere with the proper view of the road shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the motorized device and with a red reflector on the rear that will be visible from a distance of 300 feet to the rear when directly in front of the headlamps of a vehicle.

55-7.   Speed; direction

Motorized devices shall not be operated within the Town at a speed greater than is reasonable and prudent under the conditions then existing and in no event shall they exceed 15MPH and shall be operated as near the right-hand side of the roadway as practicable, exercising due care when passing a parked vehicle or a vehicle proceeding in the same direction.

55-8.    Yielding Right-of-Way

Motorized devices emerging from a driveway or building shall upon approaching a sidewalk or roadway yield the right-of-way to all pedestrians approaching on the said sidewalk area; and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

55-9.    Parking of Unattended Motorized Devices

Unattended motorized devices may only be parked on streets, sidewalks or other Town properties in the following areas:

•      Areas specifically designated and marked by the Town for the parking of such devices, including but not limited to corrals, pods, bike racks, or other locations designated by the Town of Durham for the parking of mobile devices; or

•      Areas in which a shared mobile device provider has received written approval from the Town for the creation of sidewalk encumbrances for the purpose of parking shared motorized devices

If any motorized device is found unattended in violation of the provisions of this ordinance by any Town official, then;

•      The Town registration information will be utilized to contact the owner, who shall be given two (2) hours to properly park the motorized device and a violation notice shall be placed on the device; or

•      If the motorized device does not contain the required registration information or if two (2) hours has passed since an attempt has been made to notify the owner that the motorized device is improperly parked, then the Town shall remove the motorized device from the street, sidewalk or, other location of improper parking and secure the motorized device in a location to be determined by the Town.

If a motorized device is left unattended in a manner which blocks pedestrian passage on a sidewalk or street or otherwise presents a public safety hazard, it shall be removed immediately by the Town and secured in a location to be determined by the Town.

Whenever a device has been removed from the street, sidewalk, or other public area by the Town, it shall be removed and impounded at the owner's risk and expense and shall not be released until authorized by the Durham Police Department and after the owner has provided satisfactory proof that the person making the request owns the motorized device and has paid any and all costs incurred by the Town in impounding the motorized device as well as any other penalties due as a result of the illegal parking.

Any motorized device that has been removed from the street, sidewalk, or other public area in the Town and not redeemed as allowed by this ordinance within thirty (30) days shall be disposed of by the Town without compensation to the owner.

55-10.  Rental

No person shall rent, or offer for rent, any motorized device within the Town unless it is properly registered and equipped in accordance with the provision of this chapter.

55-11.  Registry Required

No person shall ride or propel a motorized device on any public roadway within the Town, or upon any other public path established for the exclusive use of bicycles, unless such motorized device has been properly registered as herein provided. 

55-12.  Penalties

Any person or persons violating any act or provision of this ordinance shall be fined not more than $100 for the first offense and $150 for the second offense. Also any person or persons violating this ordinance a third time faces a summons as well as impoundment of the motorized device and any cost of towing and storage.

55-13.  Application

Any person or corporation requiring a motorized devices registration shall submit application in writing to the Chief of Police, or their authorized agents. Each application shall be made on an approved form to be provided by the Police Department as it may deem necessary for the proper enforcement of this chapter.

55-14.  Issuance

It shall be the duty of the Chief of Police or their agents to act on all motorized devices registration applications received and to issue the same when the provisions of this chapter have been met by the applicant, including the certification by the applicant that the motorized device is in good state and safe mechanical condition.

55-15.  Fee; Duration

A.   The fee for each motorized device registration issued shall be established by the Town Administrator and included in the Town-wide Master Fee Schedule. A motorized device shall be considered registered for the entire life of the motorized device, unless the sticker provided by the Chief of Police has been mutilated, destroyed, altered, lost, or removed. If a new sticker is required, there will be a $5.00 fee

B.    Upon transfer of ownership of the motorized device the new owner shall re-register the motorized device for a fee to be established by the Town Administrator and included in the Town-wide Master Fee Schedule

58-1.       Purpose and Intent.

It is the intent of this chapter to establish a penalty assessment for unreasonable numbers of false alarms or any malicious false alarm for the following reasons:

     A.  The Town of Durham is cognizant of hazards posed by and the fiscal impact of false alarms; and

     B.  Needless false alarms can often be reduced via proper maintenance, education and a concern for their prevention.

58-2.  Administration.

     A.  TITLE.   The title of this chapter shall be the " False Alarms."

     B.  PURPOSE.  The purpose of this chapter is to reduce undesirable environmental, medical, burglar or security and fire alarm activations which tax the Fire and Police Departments' abilities to provide adequate services for true emergencies and other essential business operations.   Additionally,  it is the intent of  this chapter to reduce the fiscal impact false alarms have upon the Town.

C.  SCOPE. This chapter applies to all alarm systems in the Town of Durham, regardless of reporting method, in which more than five (5) false alarms are received in the twelve (12) month period of January 1 to December 31 inclusively, and to all malicious false alarms.

58-3.  Definition

Malicious False Alarms: Means the negligent or intentional misuse of a device resulting in the activations of the system, but does not include the activation of an alarm system under circumstances that would have caused a careful or prudent person to believe that an emergency was in progress at the owner’s building or in circumstances where the owner has notified the Fire or Police Department in advance of work being done on the alarm system that could cause a false alarm.

58-4.  Application.

A.  The Fire and Police Departments shall track false alarm responses in calendar years. The appropriate department will inform the responsible property owner of the incidence of a false alarm and the potential penalties under this chapter. False alarms in excess of five (5) per calendar year shall be submitted to the Business Office for penalty assessment and billing. False alarms caused by an Act of God such as electrical storms, storm flooding, etc. shall not be counted for the purpose of this chapter.

B.     The Fire and Police Departments shall submit their reports to the Business Office on a monthly basis and shall initiate invoices for fines due within thirty (30) days of their occurrence. Penalties will be due 30 days from the billing date.

C.     Fines shall be assessed for false alarms which shall be included within the Town-wide Master Fee Schedule as established by the Administrator with the advice and consent of the Town Council.

D.  New alarm installations shall be granted a waiver period of forty‑five (45) days following initial completion of the alarm system installation to provide for necessary maintenance, adjustments, etc. to the system.

58-5. Appeals

Any party aggrieved by the decision of the Fire or Police Department relating to an administrative decision in the assessment or collection of the fine or fines authorized by this section may appeal such decision to the Town Administrator within five (5) business days of the decision. The Town Administrator shall have the authority to affirm, reverse, or modify the administrative decision.

(Chapter 58 was amended by Ord. #2012-05 dated 6/4/12)

59-1     Purpose and Intent.

It is the intent of this chapter to define non-emergency service calls and establish a service charge for all non-emergency service related calls for the following reasons:

A.        The Town of Durham is cognizant of the fiscal impact of service calls; and

B.        The Town of Durham wishes to improve the management of non-emergency service calls and their fiscal impact.

59-2     Definitions.

As used in this Article, the following term shall have the meaning indicated:

SERVICE CALL – A non-emergency response by the Fire Department covered in Section 5 of the National Fire Incident Reporting System as amended from time to time, including: lock-outs, alarm trouble signals, water evacuation, smoke/odor removal, domestic animal rescue, unauthorized burning and non-emergency medical/welfare responses.  (Excluding cover assignment, standby at the Fire Station, and move-up to a mutual aid company.)

59-3     Administration.

A.        TITLE.  The title of this chapter shall be, “Fire Department Non-Emergency Service Call Fees.”

B.        PURPOSE.  The purpose of this chapter is to establish a service fee for all non-emergency service related calls by any one property or individual.  Additionally, it is the intent of this chapter to reduce the fiscal impact Fire Department non-emergency service calls have on the community.

C.        SCOPE.  This chapter applies to all properties and/or residents within the Town of Durham, with the exception of Town of Durham and University of New Hampshire agencies, personnel and properties.

59-4     Application.

A.        Any resident of the Town of Durham who in the course of the calendar year calls the Durham Fire Department for more than five (5) service calls, shall be assessed for all such excess service calls as provided in Paragraph D below.

B.        The Fire Department will track service call responses in each calendar year.  The Fire Department will inform the responsible property owner, resident or business owner in writing after the third (3rd) service call response within the calendar year. Such notification will include a copy of this ordinance. Service calls caused by an “act of God.,” such as electrical storms, storm related flooding, etc. shall not be counted for the purpose of this chapter.

C.        An invoice shall be initiated by the Fire Department for fees due thirty (30) days of their occurrence. Fees will be due thirty (30) days from the billing date.

D.        Service calls as described in Paragraph A above shall be assessed fees as outlined in the Town of Durham Master Fee Schedule for apparatus responses, as these fees may be amended from time to time. 

(Established by Ord. #2000-12(A) dated 12/18/00. Amended by Ord. #2005-05 dated 08/01/05)

72-1.    Enforcing Authority

The Town of Durham Fire Chief is hereby designated to perform the duties of interpreting, administering, and enforcing this ordinance, in addition to the Chief’s other duties.  The Fire Chief may delegate some or all of the duties under this ordinance to a deputy or to other employees in the department; however, the Fire Chief shall be ultimately responsible for interpreting, administering, and enforcing this ordinance.

72-2.    Powers of Enforcing Authority

The Durham Fire Chief, and his/her designees as set forth in Section I of this ordinance, in performing his/her duties under this ordinance, shall be authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter including, but not limited to, the following powers:

A. To investigate the dwelling conditions in the municipality in order to determine which dwellings therein are unfit for human habitation;

B. To administer affirmations, examine witnesses and receive evidence;

C. To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to minimize  inconvenience to the persons in possession, and to obtain an administrative inspection warrant under RSA 595-B for this purpose from a court of competent jurisdiction in the event entry is denied or resisted;

D.  To collect inspection fees for:

1.   Each property to be inspected under this ordinance,

2.   Each separate dwelling unit on the property when there is more than one dwelling unit,

3.   Each additional re-inspection when violations are not reasonably and properly corrected subsequent to the first re-inspection, and

4.   An administration fee for self-certification as provided for in Section IV- H of this ordinance.

Said fees shall be established and adjusted annually as part of the Town of Durham Master Fee Schedule by the Town Administrator with the advice and consent of the Town Council and shall reasonably reflect the estimated annual cost for staffing and administration of this ordinance.

E.  To impose fines for noncompliance with this ordinance.  Said fines may be imposed after individual properties and/or dwelling units have been inspected more than two times and violations remain unabated as a result of lack of good faith efforts by the property owner as specified in Section IV- F of this ordinance.  Fines of $250 per day for each offense may be imposed pursuant to RSA 31:39-c and/or RSA 31:39-d and are in addition to other remedies provided by this ordinance.

72-3.    Minimum Standards 

A.  The Durham Fire Chief may determine that a dwelling is unfit for human habitation if it is found that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of such municipality.  Such conditions may include the following:

1.  Defects which increase beyond normal the hazards of fire, accident, or other calamities;

2.  Lack of reasonable adequate ventilation, light, or sanitary facilities;

3.  Dilapidation; disrepair, dangerous structural defects;

4.  Uncleanliness;

5.  Over-crowding; inadequate ingress and egress;

6.  Inadequate drainage; or

7.  Any violation of other health, fire or safety regulations.

B.              In addition, pursuant to RSA 48-A, no residential rental property owner renting or leasing a residential dwelling shall maintain those rented premises in a condition in which:

1.  The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and eradication program;

2.  There is defective internal plumbing or a back-up of sewage caused by a faulty septic or sewage system;

3.  There are exposed wires, improper connectors, defective switches or outlets or other conditions which create a danger of electrical shock or fire;

4.  The roof or walls leak consistently;

5.  The plaster is falling or has fallen from the walls or ceilings;

6.  The floors, walls or ceilings contain substantial holes that seriously reduce their function or render them dangerous to the inhabitants;

7.  The porches, stairs or railings are not structurally sound;

8.  There is an accumulation of garbage or rubbish in common areas resulting from the failure of the landlord to remove or provide a sufficient number of receptacles for storage prior to removal unless the tenant has agreed to be responsible for removal under the rental agreement and the landlord has removed all garbage at the beginning of the tenancy;

9.  There is an inadequate supply of water or whatever equipment that is available to heat water is not properly operating;

10. There are leaks in any gas lines or leaks or defective pilot lights in any appliances furnished by the landlord; or

11. The premises do not have heating facilities that are properly installed, safely maintained and in good working condition, or are not capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 65 degrees F.; or, when the landlord supplies heat in consideration for the rent, the premises are not actually maintained at a minimum average room temperature of 65 degrees F. in all habitable rooms.

C.  The Durham Fire Chief shall develop a detailed inspection checklist to be used for all inspections performed under the authority of this ordinance.  Said checklist shall address the minimum standards identified in this section, shall reference specific sections of applicable codes, and shall be reviewed and approved by the Town Administrator.

72-4.    Inspection

A.  In order to facilitate the investigation of dwelling conditions as well as the enforcement of the standards set forth in Section III of this ordinance, all owners of residential rental property in Durham shall request inspections by the Fire Department as follows:

1.   All owners of residential rental properties shall identify the property and request an inspection from the Fire Department of all of their residential rental properties and dwelling units within 60 days of adoption of this ordinance.

2.   The owner of any property that is proposed for residential rental in Durham after the adoption of this ordinance shall request an inspection of the property and each individual dwelling unit therein from the Fire Department and shall receive a Certificate of Housing Code Compliance before the residential rental unit is occupied.

3.   Whenever ownership of a residential rental property is transferred to a new owner after the effective date of this ordinance, the new owner shall request an inspection of the property and each individual dwelling unit therein from the Fire Department within 60 days of the change in ownership. 

4.   Newly constructed residential rental units that have received a building permit and certificate of occupancy by the Town of Durham after the effective date of this ordinance shall not be required to request an inspection under this Section of this ordinance for a period of two (2) years from the date of issuance of the certificate of occupancy. 

Any residential rental property owner who fails to request the inspection within the specified time frame shall be subject to a $1,000 civil penalty. 

B.  The term residential rental property owner as used herein shall not include the owners of dormitories at the University of New Hampshire, hotels, inns or bed and breakfasts, but shall include the owners of fraternities and sororities. 

C.  Beginning on the effective date of this ordinance, every residential rental property shall be inspected at least once every two years.  Inspections may also take place upon receipt of any complaint or petition regarding the property.

D.  If a mutually agreed inspection date and time cannot be reached with the owner or renter then a written notice of the inspection of any property shall be provided to the owner and delivered by hand or registered U.S. Mail at least forty-eight (48) hours prior to the inspection.  The owner shall be responsible for notifying building tenants and securing permission to inspect individual dwelling units in accordance with the written notice of inspection.  Alternatively, tenants may directly authorize inspection of their dwelling unit by the Fire Department.  Should the owner be nonresponsive or refuse entry to the Town, the Town may seek an administrative search warrant to authorize the inspection. 

E.  The purpose of said inspections shall be to determine compliance with this ordinance; however, should violations of other codes or ordinances be discovered during the course of such investigations, those violations may be prosecuted by the Town. 

F.  Notice of any violation of the ordinances of the Town of Durham shall be given to the owner and tenant(s) and as set forth in Section V(A).The Town shall re-inspect on or about 30 days from the inspection date for any non-life threatening violations, any life threatening violations shall be corrected immediately and shall be re-inspected as outlined by the Town.  Should the violations remain upon subsequent re-inspections of the property, the Fire Chief may determine that the owner and/or tenant(s) are not acting in good faith to remedy the violations after which the Town may pursue any and all legal avenues available to it including the imposition of fines in accordance with Section II-E of this ordinance and/or building repairs, condemnation and /or removal as prescribed in this ordinance.

G.  When a property and individual dwelling units have been inspected and found to be in compliance with this ordinance, the Fire Chief shall cause to be issued a Certificate of Housing Code Compliance for the property and each separate dwelling unit therein.  Said Certificate shall be kept on the premises and be available for examination to tenants, prospective tenants, and Town inspection officials upon request.  Said certificate shall include at a minimum the date of issuance of the Certificate together with the address and dwelling unit numbers

H.  When periodic regularly scheduled inspections of an individual residential rental property have been completed and the property found to be in substantial compliance with the Minimum Standards of this ordinance, the Fire Chief may determine that the property owner is diligent in ensuring compliance with the Minimum Standards and permit the owner of the property to self-certify that the property is in compliance with the Minimum Standards.  This self-certification may be permitted on alternating inspection cycles of the anticipated two year town-wide inspection cycle (see paragraph C above) after the Fire Chief has given permission for self-certification and the property owner has completed a residential rental property Inspection checklist (Section III-C), attested to its accuracy and completeness and submitted it to the Fire Chief for review and acceptance.   A self-certification administrative filing fee, established as part of the Town of Durham Master Fee Schedule, shall be paid to the Fire Department prior to acceptance of the self-certification by the Fire Chief.  Self-certification acceptance does not waive the Fire Chief’s right to subsequently investigate complaints or pursue concerns about violations of this ordinance and perform subsequent inspections of the property.

72-5.    Enforcement Process

A.  In addition or as an alternative to the power to impose and enforce penalties set forth in Section II, herein, whenever a petition is filed with the Fire Chief by at least 10 residents of the town charging that any dwelling is unfit for human habitation or whenever it appears to the Fire Chief by inspection that any dwelling is unfit for human habitation, the Fire Chief shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such dwelling (including persons in possession) a complaint stating the charges in that respect.

1.  Service may be made by registered mail for persons residing outside the state; and if there are any unascertained persons having an interest in said dwelling, notice may be given them by publication in a newspaper having general circulation in the town, such publication to be at least 10 days before the date set for the hearing. 

2.  Such complaint shall contain a notice that a hearing will be held before the Fire Chief at a place therein fixed not less than 10 days nor more than 30 days after the serving of said complaint; that the owner, mortgagee and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before such public agency.

B.        If, after such notice and hearing, the Fire Chief determines that the dwelling under consideration is unfit for human habitation, the Chief shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which, if the repair, alteration or improvement of the said dwelling can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or if the repair, alteration or improvement of the said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to remove or demolish such dwelling.

72-6.    Appeal

If an owner is aggrieved by an order of the Fire Chief, the owner may appeal to the Town Council.  The Town Council shall hold a public hearing upon said appeal, notice of said hearing having first been given to the Fire Chief and to the owner at least 10 but no more than 30 days prior to the hearing date.  The Town Council may affirm or revoke the order of the Fire Chief, or it may modify the same in accordance with its findings.  If it shall affirm or modify such order, the Fire Chief shall proceed to enforce said order as affirmed or so modified, in the manner prescribed in RSA 48-A:4 and as set forth herein. If the Town Council shall revoke said order, the proceedings shall be terminated.

72-7.    Superior Court Petition

If the owner fails to comply with an order, made pursuant to the provisions of RSA 48-A:3 and Section V, above, to repair, alter, improve or to vacate and close the dwelling, or to remove or demolish the dwelling, the Fire Chief may file a petition in the Strafford County Superior Court which shall set forth the charges issued, as well as any other allegations bearing upon the unfitness of the dwelling for human habitation.  The court will proceed pursuant to RSA 48-A:4 and RSA 48-A:5.  If the court finds the dwelling complained against is unfit for human habitation due to any of the causes or conditions enumerated, such order shall direct the Fire Chief to repair, alter, or improve such dwelling to render it fit for human habitation if such repair, alteration or improvement can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost; or if the repair, alteration or improvement of said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, to remove or demolish such dwelling.  If the court shall find in favor of the owner, it shall award to the owner reasonable costs and expenses, including counsel fees, all as determined by the court, incurred by him in his defense of the action in the superior court.

72-8.    Liens

A.  Whenever the Fire Chief shall incur cost for the repair, alteration, improvement, vacating or closing, or for the removal or demolition of a dwelling, pursuant to an order of the superior court, the amount of such costs shall be a lien against the real property as to which such cost was incurred and such lien, including as part thereof upon allowance of the Town’s costs and necessary attorneys' fees, may be foreclosed upon order of the superior court made pursuant to a petition for that purpose filed in said court.  Such lien shall be subordinate to mortgages of record made before the institution of proceedings under this chapter.  Notice of said lien shall be filed with the register of deeds for the county in which the real estate is situated, and shall be recorded therein.  If the dwelling is demolished by the Fire Chief, the materials of such dwelling shall be sold and the proceeds of such sale shall be paid over to the superior court, for distribution to such persons as the court shall find entitled thereto.

B.  Whenever a court of competent jurisdiction enters a fine against a property owner for violation of the minimum standards established by this ordinance, the amount of said fine shall be a lien against the real property, and such lien, including as part thereof costs and necessary attorneys’ fees may be foreclosed upon order of the superior court pursuant to a petition for that purpose filed in said court.  Such lien may be filed after 45 days following the entry of the fine.  Notice of said lien shall be filed with the register of deeds for the county in which the real estate is situated, and shall be recorded by the registrar.  Such lien shall be subordinate to any mortgage, tax lien, or encumbrance of record filed prior to the municipality's lien.  If the lien authorized by this section is not satisfied within 120 days of the recording of the judgment in the registry of deeds in which the property is located, it may be foreclosed upon in accordance with the provisions of RSA 48-A:6 and Section VII(A), above.

72-9.    Effective Date

This ordinance shall take effect upon adoption by the Town Council.

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-12 dated  September 14, 2020]

No person shall ride a horse on any property owned by the Town of Durham

71.1     Authority

This ordinance has been enacted pursuant to the authority granted the Durham Town Council by NH RSA 41:11-a (Town Property), which allows the Durham Town Council to adopt ordinances to regulate the use of Town owned lands.

71.2     Purpose and Intent

A.  To prevent potential conflict of the pedestrian users of Town property that may result from horseback riding at these locations.

B.  To prevent damage to Town property including, trails, parking areas, wetlands, activity areas and other improvements such as bridges designed for pedestrians, thereby reducing the cost to the taxpayers of Durham for operating and managing these facilities.

C.  To prevent soil erosion, damage to vegetation and turf, and other injury to the environment.

D.  To limit the Town’s exposure to liability for any injuries that might result from the act of horseback riding on Town property.

E.   Such prohibitions shall not include:

The use of horses in the harvesting of trees on Town owned property if approved by the Town of Durham

71.3     Definitions

“Town-owned Land” shall mean any and all land acquired by the Town of Durham whether by purchase, gift, tax deeding, or any other means in accordance with the laws of the State of NH, which may include but not be limited to recreational facilities and sports fields.

71.4     Penalties

The penalty for the violation of this ordinance shall be a fine not to exceed one hundred dollars ($100.00) for each instance.

75-1. Authority

These regulations are authorized by New Hampshire RSA 674:21, V, and other pertinent state law, as an innovative land use control.  Under this authority, new development in the Town of Durham may be assessed impact fees in proportion to its demand on the capital facilities of the Town and its School District.

75-2. Findings 

A.        The Town Administrator, with assistance from all department heads and the Planning Board, has prepared and regularly updates a Capital Improvements Program and Budget as authorized under the Town Charter of March 10, 1987, which took effect in January 1988.

B.        The Master Plan and Capital Improvements Program demonstrate that new growth and development are anticipated in residential and non-residential sectors which will necessitate increased public expenditures to provide adequate public facilities.

C.        The Town of Durham is responsible for and committed to the provision of public facilities and services at standards determined to be necessary by the Town, to support residential and non-residential growth and development in a manner which protects and promotes the public health, safety, and welfare.

75-3. Purpose.           

The following regulations shall govern the assessment of impact fees for public capital facilities to accommodate the demands of new development on these facilities.  These provisions are intended to:

A.        Assist in the implementation of the Master Plan;

B.        Provide for the public capital facilities necessitated by new development;

C.        Assess an equitable share of the growth-related cost of new and expanded public capital facilities to new development in proportion to the facility demands created by that development.

75-4. Definitions.

A.        Fee payer means the applicant for a subdivision or site plan approval, or a building permit that would create new development as defined in this Article.

B.        Impact fee means a fee or assessment imposed upon development, including subdivision, building construction or other land use change, in order to help meet the needs occasioned by the development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality’s proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreation facilities, not including public open space.

C.        New development means an activity that results in:

(1)        The creation of a new dwelling unit or units in the habitable portion of a residential building; or

(2)        The conversion of a legally existing use, or additions thereto, which would result in a net increase in the number of dwelling units; or

(3)        Construction resulting in a new non-residential building or a net increase in the floor area of any non-residential building; or

(4)        The conversion of a lawful existing use to another use if such change would result in a net increase in the demand on public capital facilities that are the subject of impact fee assessment; however,

(5)        New development shall not include the replacement of an existing manufactured housing unit or the reconstruction of a structure that has been destroyed by fire or natural disaster where there is no change in size, density, or type of use that would increase the demand on capital facilities for which impact fees are assessed. 

D.        Off-site improvements means those improvements that are necessitated by a development, but which are located outside the boundaries of a property that is subject to a subdivision plat or site plan approval by the Planning Board.

E.         Public open space means a parcel of land essentially unimproved and available to the public only for passive recreational uses such as walking, sitting, picnicking, table games, natural resource conservation, and similar uses.  Town parks which do not include “public recreation facilities” constitute public open space within the meaning of this Article.

F.         Public recreation facilities means the land and facilities owned or operated by the Town of Durham, other than public open space, which are designed for the conduct of recreational sports or other active leisure time uses of an organized nature, which include equipment or substantial improvements to the land to provide active indoor or outdoor public recreation programs.

G.        School District means the Oyster River School District, of which the Town of Durham is a member municipality.

75-5. Authority to Assess Impact Fees. 

The Planning Board is hereby authorized to assess impact fees, as herein defined, and in accordance with the standards herein set forth.  The Planning Board shall have the authority to adopt regulations to implement the provisions of this ordinance and to delegate the administrative functions of impact fee assessment, collection and disbursement. 

75-6. Standards and Basis of Assessment.

A.        The amount of any impact fee shall be a proportional share of public facility improvement costs which are reasonably related to the capital needs created by the development, and to the benefits accruing to the development from the capital improvements financed by the fee.

B.        The Planning Board may prepare, adopt, or amend studies, reports, or cost allocation procedures that are consistent with the above standards, and which define a basis for impact fee assessment for public capital facilities, and the impact fee assessment schedules therefore. The methodologies and schedule will be approved by the Town Council.

C.        No methodology, cost allocation procedure, or other basis of assessment, nor related impact fee schedules, or changes in the basis of assessment or the fee schedules, shall become effective until it shall have been the subject of a public hearing before the Planning Board.

D.        In the case of new development created by conversion or modification of an existing use, the impact fee shall be based upon the net positive increase in the impact fee assessed for the new use as compared to the highest impact fee that was or would have been assessed for the previous use in existence on or after the effective date of this Ordinance.  

E.         Upgrading of existing facilities and infrastructures, the need for which is not created by new development, shall not be paid for by impact fees.

75-7. Review and Change in Assessment Schedules.

The impact fee assessment schedules shall be reviewed annually by the Planning Board, along with the foundation documents that provide the basis for the assessment schedules.  Such review may result in recommended adjustments in one or more of the fees based on the most recent data as they affect the variables in the fee calculations. Changes in the impact fee assessment schedules shall be effective only where the change in the basis of assessment or the fee schedule is adopted following a public hearing by the Planning Board on the proposed change and approved by the Town Council. 

75-8. Assessment and Collection of Impact Fees.

A.        Where subdivision or site plan approval is required for new development, impact fees shall be assessed at the time of Planning Board approval of a subdivision plat or site plan.

B.        When no Planning Board approval is required, or has been made prior to the adoption or amendment of the impact fee ordinance, impact fees shall be assessed prior to, or as a condition for, the issuance of a building permit.  

C.        Impact fees shall be collected at the time a certificate of occupancy is issued.  If no certificate of occupancy is required, impact fees shall be collected at the time when the development is ready for its intended use. 

D.        The Planning Board and the fee payer may establish an alternate, mutually acceptable schedule of payment of impact fees.    If an alternate schedule of payment is established, the Planning Board may require the applicant to post surety, in the form of a cash bond, letter of credit, or performance bond so as to guaranty future payment of assessed impact fees.

75-9. Waivers.

The Planning Board may grant full or partial waivers of impact fees where the Board finds that one or more of the following criteria are met with respect to the particular public capital facilities for which impact fees are normally assessed:   

A.        A fee payer may request a full or partial waiver of public school impact fees for those residential units that are lawfully restricted to occupancy by senior citizens age 55 or over in a development that is also maintained in compliance with the provisions of RSA 354-A: 15, Housing For Older Persons.   The Planning Board may waive school impact fee assessments on restricted-occupancy units where it finds that the property will be bound by lawful deeded restrictions on occupancy by senior citizens age 55 or over for a period of at least 20 years.

B.        A person may request, from the Planning Board, a full or partial waiver of impact fee assessments imposed by this ordinance.  The amount of such a waiver shall not exceed the value of land, facilities construction, or other contributions to be made by that person toward public capital facilities. The value of on-site and off-site improvements which are required by the planning board as a result of subdivision or site plan review, and which would have to be completed by the developer, regardless of the impact fee provisions, shall not be considered eligible for waiver under this Ordinance.  The value of contributions or improvements shall be credited only toward facilities of like kind, and may not be credited to other categories of impact fee assessment.   All costs incurred by the Town for the review of a proposed waiver, including consultant and counsel fees, shall be paid by the person or entity requesting the waiver.

C.        A fee payer may apply to the Planning Board for a waiver of a portion or the full amount of the impact fee, where such waiver application is accompanied by an independent fee calculation that documents the proportionate capital cost impact of the new development. The Planning Board shall review such study and render its decision.  All costs incurred by the Town for the review of such a study shall be paid by the fee payer.   

75-10. Appeals Under This Article.

A.        A party aggrieved by a decision made by the Code Enforcement Officer  relating to administrative decisions in the assessment or collection of impact fees authorized by this Section may appeal such decision to the Planning Board.

B.        A party aggrieved by a decision of the Planning Board under this Article may appeal such decision to the Superior Court as provided by RSA 677:15, as amended.

75-11. Administration of Impact Fees.

A.        All funds collected shall be properly identified and promptly transferred for deposit into an individual public capital facilities impact fee account for each of the facilities for which fees are assessed, and shall be used solely for the purposes specified in this Ordinance.  Impact fee accounts shall be special revenue fund accounts and under no circumstances shall such revenues accrue to the general fund.

B.        The Town Business Manager shall have custody of all fee accounts, and shall pay out the same only upon written instructions from the Town Administrator.

C.        The Town Business Manager shall record all fees paid, by date of payment and the name of the person making payment, and shall maintain an updated record of the current ownership, tax map and lot reference number of properties for which fees have been paid under this Ordinance for a period of at least six (6) years.

D.        At the end of each fiscal year, the Town’s Business Manager shall make a report to the Town Council and the School District, giving a particular account of all public capital facilities impact fee transactions during the year.

E.         Funds withdrawn from the public capital facilities impact fee accounts shall be used solely for the purpose of acquiring, constructing, expanding or equipping those public capital facilities identified in this Ordinance.

F.         In the event that bonds or similar debt instruments have been issued for public capital facilities which were constructed in anticipation of new development, or are issued for advanced provision of capital facilities identified in this Ordinance, impact fees may be used to pay debt service on such bonds or similar debt instruments.

75-12. Refund of Fees Paid.

A.    The owner of record of property for which an impact fee has been paid shall be entitled to a refund of that fee, plus accrued interest where:

(1)        The impact fee has not been encumbered or legally bound to be spent for the purpose for which it was collected within a period of six (6) years from the date of the final payment of the fee; or

(2)        The Town, or in the case of school impact fees the School District has failed, within the period of six (6) years from the date of the final payment of such fee, to appropriate the non-impact fee share of related capital improvement costs.

B.    The Town Council shall provide all owners of record who are due a refund, written notice of the amount due, including accrued interest. 

75-13. Other Authority Retained.

This ordinance shall not be deemed to affect other authority of the Planning Board over subdivisions and site plans, including, but not limited to:  

A.        The authority of the Planning Board to declare a development to be premature or scattered in accordance with the regulations of the Board and in accordance with RSA 674:36, II(a); or

B.        The authority of the Planning Board to require the payment of exactions for off-site improvements for highway, drainage, sewer and water upgrades necessitated by the development, in accordance with the provisions of RSA 674:21, V (j); or

C.Other authority of the Town of Durham to assess other fees under the authority of other statutes, ordinances of the Town of Durham or the Durham Planning Board Site Plan Review and Subdivision Regulations.

The restrictions in this ordinance are subject to the protections afforded certain lots under RSA 674:39

79-1.  Purpose and Intent.

The Town Council of the Town of Durham hereby adopts the provisions of NH RSA 31:105 and specifically indemnifies and holds harmless pursuant to that statute the newly constituted Durham Public Library Board of Trustees.  The Town Council also affirms this adoption of RSA 31:105 and indemnifies and holds harmless pursuant to that statute any person employed by the Town, any member or officer of its governing board, administrative staff, or agencies, including but not limited to, town councilors and all other officers, officials, trustees, and members of all other boards, commissions, and advisory bodies created or existing pursuant to statute, charter or general law authority, from personal financial loss or expense, including all reasonable legal fees and costs, arising out of any claim, demand, suit or judgment by reason of negligence or other act resulting in accidental injury to a person or accidental damage to or destruction of property if the indemnified person at the time of the accident resulting in injury, damage, or destruction was acting within the scope of his employment or office.

[History: Adopted by the Durham Town Council August 18, 2014 as Ord. No. 2014-08. This ordinance allows the use of metal detectors and dowsing rods on Town-owned property, with certain restrictions]. 

82-1.    The practice of metal detection and/or dowsing is prohibited on or in all Town-owned property if the site is an “historic property,” as defined by New Hampshire Revised Statutes Annotated (RSA) 227-C:1, VI.

82-2.    Otherwise, the practice of metal detecting or dowsing is permitted on or in Town-owned property with the following restrictions:

1.    A formal request for metal detection and/or dowsing activities must first be filed with and approved by the Town Administrator. The Administrator shall ensure the application does not involve an historic property or other Town parcel where metal detecting is prohibited and that the applicant understands the restrictions that are in effect in Durham as described herein.

2.   Unless otherwise exempted herein, any items discovered through this practice are and shall be the property of the Town of Durham.

3.   The Town of Durham reserves the right to prohibit metal detecting and/or dowsing on certain of its properties as it sees fit. The Town Administrator, in consultation with the appropriate boards and committees, shall make such determinations.

4.   Any items found while metal detecting shall be promptly reported to the Town.

5.   Exemptions to the Town’s legal right of ownership of items found while pursuing metal detecting and/or dowsing:

a.   If a person has lost the found item in question is jewelry or some other small, tangible item, then, prior to attempting to find it through metal detection or dowsing, he or she shall present to the Town Administrator an accurate description of said item and attest to its ownership and loss. If the owner of the lost item then locates said item as a result of metal detection or dowsing, then he or she shall bring the item to the Town Administrator, who shall determine whether the finder may take possession of it. recently lost by that person at or near the location where found, and the person who finds or locates said item can accurately describe said item and attests to those facts, the finder may take possession of the item.

b.   If the found item in question is an “historic resource”, as defined by New Hampshire Revised Statutes Annotated (RSA) 227-C:1, VII, the person finding or discovering shall take no further action to remove, dislodge, or uncover the item, shall leave it in its present condition, and shall report the discovery of the found item and its location to the Town of Durham and the New Hampshire Department of Cultural Resources. 

82-3.   The Town’s policy herein is to be interpreted in conjunction with any regulations validly enacted by the Town that pertain to Town forests pursuant to New Hampshire Revised Statutes Annotated (RSA) 31:112, Town parks pursuant to New Hampshire Revised Statutes Annotated (RSA) 35-B, conservation property pursuant to New Hampshire Revised Statutes Annotated (RSA) 36-A:4, and Town public libraries pursuant to New Hampshire Revised Statutes Annotated (RSA) 202-A:6.  If this policy conflicts with any of the preceding or any other state or local regulation or ordinance, the more stringent shall apply.   

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-06 dated February 3, 2020].

No person shall operate any Off-Highway Recreational Vehicle (OHRV) on any property owned by the Town of Durham

88-1.    Authority

This ordinance has been enacted pursuant to the authority granted the Durham Town Council by NH RSA 41:11-a (Town Property), which allows the Durham Town Council to adopt ordinances to regulate the use of Town owned lands.

88-2.    Purpose and Intent

• To protect the users of Town property from physical injury that may result from the unrestricted operation of motor vehicles at these locations.
• To prevent damage to Town property including playing fields, trails, parking areas, steep slopes, wetlands, activity areas and other improvements, thereby reducing the cost to the taxpayers of Durham for operating and managing these facilities.
• To prevent soil erosion, damage to vegetation and turf, and other injury to the environment.
• To reduce the risk of fire from motorized vehicles on Town property.
• To reduce the amount of unwanted noise, dust and flying debris.
• To encourage indigenous wildlife to inhabit Durham’s conservation areas.
• To protect the use and enjoyment of these areas for the users of these areas.
• To limit the Town’s exposure to liability for any injuries that might result from the unrestricted operation of motor vehicles on Town property.

88-3.    Definitions

“Off Highway Recreational Vehicle (OHRV)” shall mean any and all liquid petroleum, gasoline, propane or electrically powered vehicles which travel on one or more wheels or tracks, including but not limited to All-Terrain Vehicles (ATVs), Off Highway Recreational Vehicles (OHRVs), Utility Terrain Vehicles (UTVs), and  trail bikes as defined by RSA 215-A:1, as well as snowmobiles.

Such vehicles shall not include:

• Wheeled devices typically designed and intended for use by, and operated by the handicapped which were not originally manufactured as motor vehicles such as trail bikes or ATVs;
• Maintenance and repair equipment operated by or with the authorization of the Town of Durham:
• Any emergency vehicles operated by or under the direction of the Durham Police, Fire, and/or McGregor Ambulance service as well as similar vehicles of local, State or federal government agencies conducting similar activities;

“Town-owned Land” shall mean any and all land acquired by the Town of Durham whether by purchase, gift, tax deeding, or any other means in accordance with the laws of the State of New Hampshire, which may include but not be limited to recreational facilities and sports fields.

88-4.    Penalties

The penalty for the violation of this ordinance shall be a fine not to exceed one hundred dollars ($150.00) for each instance.

91-1. Description of land.

The Packers Falls Bridge Site consists of two and one-tenths (2.1) acres of land situated on the southerly side of Bennett Road and the easterly side of Packers Falls Road, on the northerly and southerly sides of the Lamprey River. The land was formerly a part of Parcel 224-20, which was known as the "Lord Property."

91-2. Purpose.

Because of its public ownership, its location and its attractive natural features, the land will invite a high level of use by the public at large. Due to this anticipated use by the public, certain rules governing the conduct of persons entering upon the land and certain rules defining periods of public accessibility are hereby established.

91-3. Permitted uses.

The town will allow the land to be used for the following purposes:

A.  Fishing in season.

B.  Hiking and jogging.

C.  Picnicking, sunbathing and other passive activities, except as prohibited within this chapter.

D.  Canoe portage.

91-4. Prohibited uses.

It shall be a violation of this chapter to engage in any of the following activities on the land or from the land:

A.  The possession or consumption of any liquor, wine or malt beverage, as defined by state statute.

B.  Horseback riding.

C.  Snowmobiling.

D.  Trespassing after closing.

E.   Nudity.

F.   Any other activity prohibited by statute, ordinance or rule.

91-5.  Parking; penalty.

The parking of a motor vehicle on the land in any location other than assigned parking spaces shall constitute a violation of this chapter and shall be punishable by a fine as set forth in Chapter 1, Article II, of this Code. In addition, parking anywhere on the property after closing shall constitute a similar violation. Motor vehicles in violation of this chapter shall be towed and stored at the risk and expense of the owner. Appropriate signs shall be posted.

91-6.  Littering; penalty.

The disposal of any article other than into containers provided by the town, including but not limited to trash, garbage or refuse, shall constitute a violation of this chapter and shall be punishable by a fine as set forth in Chapter 1, Article II, of this Code. This shall include the affixing of any object, such as a rope or swing, to any tree, bridge, rock or other portion of the property.

91-7.  Swimming.

The town will actively discourage swimming in the immediate vicinity, and the town will not be liable for any bodily injury sustained by anybody swimming, boating, floating on an inner tube or entering or leaving the water within the confines of the property.

91-8.  Fires.

All fires, including those in charcoal grills, are prohibited at all times.

91-9. Hours of use.

The property shall be open to the public between the hours of 7:00 a.m. and 9:00 p.m. from April 1 through September 30 and from 8:00 a.m. to 5:00 p.m. from October 1 through March 31.

91-10.     Posting of rules.

The town shall post these rules in a conspicuous place upon the property.

95-1. Permit required; rules and regulations.

It shall be unlawful for any person to go door to door to solicit funds at any residence in Durham without first obtaining a written permit from the Town Council or its designee. The Town Council shall establish reasonable rules governing the issuance of such permits and shall so inform applicants. These rules may be amended from time to time.

95-2. Violations and penalties.

Whoever violates this Article shall be subject to a fine as set forth in Chapter 1, Article II, of this Code. 

98-1.  Purpose and Intent.

A.  Issues associated with rental housing in the Town of Durham have been a matter of long standing concern to the Town, its government, and its residents;

B.  The Durham Town Council seeks, as a matter of public policy, to treat this issue comprehensively and in a cooperative fashion with all interested parties;

C.  The Durham Town Council finds that establishment of a Town of Durham rental housing commission will facilitate and further that public policy objective.

98-2.  Establishment. 

There is hereby established the Town of Durham Rental Housing Commission.

98-3.  Composition. 

The Town of Durham Rental Housing Commission shall consist of ten members and  be composed in the following manner:

A.    Two members shall be appointed by the Durham Landlords’ Association.  These members shall be owners of rental property in the Town of Durham.

B.  Two members shall be appointed by the University of New Hampshire.

C. The Durham Town Council shall appoint one member to represent the interests of tenants.

D.  One student representative shall be appointed by the University of New Hampshire Student Senate.

E.   A Town Council member shall be selected by the Town Council as liaison between the Town of Durham Rental Housing Commission and the Durham Town Council.

F.   The Durham Town Council shall appoint two members living in a neighborhood(s) including rental properties.

 (Section 98-3 amended by Ord. #2004-07 dated 11/01/04 and Ord. #2010-01 dated 2/1/10)

98-4. Organization.   

The Commission is charged with organizing itself and with adopting bylaws and rules of organization.  The Chair of the Town of Durham Rental Housing Commission will be selected by simple majority vote of the duly constituted Commission at its first meeting.  The Chair shall serve until a successor is chosen pursuant to the rules established by the Town of Durham Rental Housing Commission. 

98-5.  Duties. 

The Town of Durham Rental Housing Commission is charged generally with addressing and resolving on a continuing basis public policy issues associated with rental housing.  The Commission shall facilitate enforcement of Town  ordinances regarding rental housing  and foster positive communication between all constituent groups represented on the Commission.

A.  Minimum Duties. In discharging their duties, the Town of Durham Rental Housing Commission shall, at a minimum, do the following:

           1.  The Commission shall meet at least twice a year.

           2. The Commission will request members of the Durham Landlords Association to distribute copies of summaries of all relevant ordinances and other information relevant to rental housing in Durham and will take all steps reasonably required to see that this information is distributed in a manner that is reasonably calculated to reach all tenants in each unit of property.

           3. The Commission will meet regularly and will accept complaints from any party in the Town regarding violations of laws or codes.

           4. The Commission will refer these complaints without evaluation or comment to the appropriate town enforcement agents or other appropriate enforcement entities.

           5. The Commission will create a model lease satisfying the requirements and limitations set forth in the law of New Hampshire governing landlord/tenant relations. 

           6.  The Commission will report to appropriate University of New Hampshire authorities, on the basis of complaints received by the Commission, regarding conduct by fraternities and sororities.

           7.  The Commission will publish a report, directed to the Town Council, with copies to the University and all other interested parties identified by the Commission, on a semi-annual basis, reporting on its progress and activities.

           8.  The Commission will assist in contacting and gaining the cooperation of all existing and future landlords not now members of the Durham Landlord s Association.

           9. The Commission will recommend an advisory protocol regarding the release of names of tenants to public safety officials in emergency  situations.

           10. The Commission will develop an information packet which will be distributed to all current and future owners of rental property.  This information packet will outline pertinent town ordinances, the goals, history and procedures of the  Commission, information regarding the Durham Landlords’ Association,  and invite participation in the Commission and the Durham Landlords Association.  The Commission will distribute the information packet to all existing rental property owners and to future rental property owners as they become known through transfer of property or conversion of use.

B.  The Town of Durham Rental Housing Commission may exercise other duties to further the general charge it has been granted provided, however, that the Town of Durham Rental Housing Commission may not exercise any legislative or enforcement authority on behalf of the Town of Durham or otherwise. The Town of Durham specifically reserves all authority it enjoys to act in connection with rental housing.

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-14 dated December 7,  2020].

Article I
Adoption

102.1  Scenic Roads Established.  

The four roads listed below have been established as scenic roads.  Additional scenic roads may be established in the future in accordance with RSA 231:157.

• Bay Road (established 1996)
• Bennett Road (established 1971)
• Dame Road (established 2023)
• Durham Point Road (established 1972)
• Packers Falls Road (established 1971)
  Section 102.1 amended by Ord. #2023-04 dated 6/5/23

Article II
General Provisions

102-2.  Procedures for review of activity on scenic roads. 

Proposed activity on scenic roads shall be reviewed in accordance with RSA 231:158.  The Planning Board is designated as the body to review such proposed activity and may establish policies for such review in accordance with applicable statutes.

102-3.  Public Nuisance Trees. 

When there is a determination that any tree situated within the right of way of a scenic road: a) is dead; or b) is in poor condition and significantly declining without any reasonable likelihood of it regaining vitality, the Durham Tree Warden in consultation with the Town Administrator may declare the tree a public nuisance by reason of danger to the traveling public or spread of tree disease.  After such a declaration, the designated trees may be removed in accordance with RSA 231:145 and 231:146.  

102-4.  Trees presenting an imminent hazard to life or property. 

Whenever a tree presents an imminent hazard to life or property, that tree may be removed, cut, or trimmed without further review provided the determination is made by the Durham Tree Warden in consultation with the Town Administrator and a qualified arborist or forester.  Consultation with a qualified arborist or forester is not required if the Tree Warden is an arborist or forester.  Prior to removing, cutting or trimming such a tree the Durham Tree Warden or their designee shall make a good faith effort to contact the owner of the property on which the tree is located as far in advance as possible and inform the owner of plans to remove, cut, or trim the tree and inquire whether the owner wishes to keep the wood once it is cut.  In the case of an extreme hazard to life or property the Town Administrator may authorize the immediate removal, cutting, or trimming of the tree without any notice.  In that event the Durham Tree Warden or their designee shall contact the owner of the property on which the tree is located at their earliest opportunity following removal of the tree to inquire as to the owner’s desire to retain the wood.

This provision is adopted in accordance with 231:158.

110-1.     Purpose and Intent.

It is the intent of this chapter to enable the operation of sidewalk cafes within the public right-of-way in the downtown area while at the same time regulating their use in order to protect and promote the public health, safety and welfare of the Town's citizens.

110-2.     Permit Standards.

A "sidewalk cafe" is permitted as an extension of any permitted restaurant in the Central Business District after demonstration of compliance with the following standards:

A.  A detailed plan of the proposed seating arrangement and layout of pedestrian corridors; pedestrian corridors for sidewalk use and restaurant access shall be maintained in a manner that does not disrupt pedestrian traffic flow and have an unobstructed travel way that is a minimum of 4 feet in width;

B.  seats and tables shall be structurally sound;

C.  Placement of a sidewalk cafe or outdoor seating shall be limited to the area of sidewalk directly in front of the restaurant establishment;

D.  Provide proof of a $1,000,000 liability insurance policy which names the Town as a co-insured entity;

E.   Location of the seats and tables will not jeopardize the health, safety, license and welfare of the general public;

F.   sidewalk cafes shall not obstruct snow removal equipment or impede winter maintenance operations in anyway; and

110-3.     Duration.

Each sidewalk cafe area shall be permitted for a period not to exceed one year. Request for renewals shall be evaluated based on the previous year's compliance with the standards cited above and all other applicable local regulations.

110-4.     Licensing Process.

A.  License applications shall be made to the Town Administrator, or designee, on forms prescribed by the Town Administrator.  The application shall be reviewed based on the standards noted in section 1 of the ordinance.

B.  The license application shall be acted upon within thirty (30) days of submittal.  If not acted on within that time frame, the application will be considered approved.

C.  If the application is denied, the applicant shall be notified, in writing, within seven (7) days of the denial.  Such written notification will include an explanation of the reasons for denial.

D.  Each license granted under this ordinance is granted on the condition that all provisions of this ordinance shall be complied with.  Any violation of any term of this ordinance constitutes a violation of the conditional granting of the license itself.  If the Town believes that such a violation has occurred, it shall notify the holder of the license in writing of the nature of the violation.  The holder will be invited to reply in writing to the allegations within ten (10) days or to request a hearing to be held before the Town Administrator.  Within ten (10) days of the receipt of the response of the holder of the license or within ten (10) days after the close of any hearing held, the Town Administrator shall issue a written decision either warning the holder against future violations, suspending the license of the holder for a specified period of time not to exceed thirty (30) days or revoking the license for the remainder of its term.

110-5.     Licensing Fees.

The license fees shall be $25, or as amended from time to time by action of the Town Council.

110-6.     Appeal Process.

Applicants may appeal the denial of an application to the Town Council within fifteen (15) days of written notification by the Town that the application has been denied.  The Town Council shall hold a public hearing within thirty (30) days of the request for an appeal.  The decision of the Town Council shall be final.

110-7.     Damage to Obstructions.

Any damage to obstruction by any cause whatsoever, including snow plowing and removal, will be at the sole expense of the obstruction owner.

110-8.     Hold Harmless.

Every person or other entity which places or maintains an obstruction on a public sidewalk or street in the Town shall file a written statement with the Town Clerk satisfactory to the Town Attorney, whereby he/she, or it agrees to indemnify and hold harmless the Town, its officers, Council members and employees, from any loss or liability or damage, including expense and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of such obstruction.

110-9.     Injunction.

Any violation of this ordinance is hereby declared to be a nuisance.  In addition to any other relief provided by this ordinance, the Town Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuance of any violation of this ordinance. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction.  The Town Attorney may also sue for damages on behalf of the Town.

110-10.   Penalty.

Any person, firm or corporation violating any provision of this ordinance shall be fined $100 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

[HISTORY:  Adopted as Ordinance #93-14 on July 12, 1993 by the Durham Town Council. Established licensing for Sidewalk Cafes.  All amendments included at time of adoption of Code].

114-1.     Permission required.

Snow-traveling motorized vehicles shall be used in the Town of Durham only with written permission of the property owners.

[HISTORY: Adopted by the Annual Town Meeting 3-9-1971 as Art. II. Amendments noted where applicable.]