Code Of The Town Of Rye - Rye, New Hampshire
Code of the Town of Rye COUNTY OF ROCKINGHAM NEW HAMPSHIRE SERIAL NO. . . . . . . . . . . . GENERAL CODE A Member of the ICC Family of Solutions www.generalcode.com 2020
PREFACE The recording of local law is an aspect of community history; as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this evercontinuing process. Legislation must be available and logically arranged for convenient use and must be kept up to date. Contents of Code The various chapters of the Code contain all currently effective legislation of a general and permanent nature, including revisions or amendments. The Disposition List contains a listing of legislation and its placement in the Code or the reason for its exclusion, and indicates the most recent legislation reviewed for inclusion in the Code. The Appendix is reserved for certain forms of local legislation that are not general and permanent in nature but are of significance to the community or conduct of government. Reserved Chapters Unassigned chapter numbers do not appear in the Table of Contents but are available for assignment to new subject matter in a way that maintains the Code structure. Numbering of Sections A numbering system is applied to all sections. The first number indicates the chapter number and the second number indicates the location of the section within that chapter. Histories Histories indicate the specific legislative source from which the content was derived, including the enactment number, if pertinent, and the date of adoption. Legislative histories may be found at the chapter, article, section and/or subsection level, as appropriate. Acknowledgment The assistance of the community officials is gratefully acknowledged by the editor. The codification of legislation reflects an appreciation of the needs of a progressive and expanding community. It is the profound conviction of General Code that this publication will contribute significantly to the efficient administration of local government. i Publication, Mar 2020
TABLE OF CONTENTS PART I: TOWN ORDINANCES 1. General Provisions . 1:1 Article I Article II Article III Article IV Article V Adoption of Code by Town Meeting Adoption of Code by Board of Sewer Commissioners Adoption of Chapter 190, Zoning Adoption of Chapter 35, Building Code Adoption of Chapter 60, Floodplain Management 6. Alarm Systems . 6:1 9. Alcoholic Beverages . 9:1 Article I Article II 12. Amusements . 12:1 Article I 15. Mechanical Amusement Devices Animals . 12:1 Article I Article II 22. Beaches and Parking Lots Public Consumption and Open Containers Control of Dogs in Public Areas Leashing of Dogs in Town Forest Beaches and Recreational Areas . 22:1 Article I Article II Use Regulations Vehicles on Recreation Field 28. Blasting . 28:1 35. Building Code . 35:1 38. Building Numbers . 38:1 52. Fires and Fire Prevention . 52:1 Article I Burning Permits 55. Fireworks . 55:1 60. Floodplain Management . 60:1 89. Litter Control and Animal Waste Removal . 89:1 100. Noise . 100:1 Article I Article II 126. Motor Vehicle Noise Noise Restrictions Sewage Disposal . 126:1 Article I Parsons Creek Watershed iii Publication, Mar 2020
RYE CODE 129. Sewers . 129:1 Article I Article II Sewer Use Sewer User Charges 137. Soliciting and Canvassing. 137:1 140. Solid Waste . 140:1 Article I 146. Solid Waste Facilities Streets and Sidewalks . 146:1 Article I Article II Bicycles, Play Vehicles and Pedestrians Snow Obstruction 157. Town Lands, Use of . 157:1 162. Traffic and Parking . 162:1 Article I Article II Article III Article IV Article V 174. Vehicle Registration . 174:1 Article I 190. Night Parking Parking Restrictions Stop and Yield Signs Trucks on Public Ways Temporary Weight Limits POW Registration Fee Zoning . 190:1 PART II: RULES AND REGULATIONS 200. Board of Adjustment Rules of Procedure . 200:1 201. Planning Board Rules of Procedure . 201:1 202. Land Development Regulations. 202:1 RYE BEACH VILLAGE DISTRICT RB. Rye Beach Acts and Petition . RB:1 RBS. Rye Beach Subdivision Regulations .RBS:1 RBZ. Rye Beach Zoning Ordinance . RBZ:1 APPENDIX A500. Board of Selectmen Policies . A500:1 Article I Policy Concerning the Town Seal iv Publication, Mar 2020
TABLE OF CONTENTS A501. Statutes Adopted . A501:1 DISPOSITION LIST INDEX v Publication, Mar 2020
PART I TOWN ORDINANCES
Chapter 1 GENERAL PROVISIONS ARTICLE I Adoption of Code by Town Meeting § 1-20. Changes in previously adopted ordinances. § 1-21. When effective. § 1-1. Adoption of Code. § 1-22. Incorporation of provisions into Code. § 1-2. Code supersedes prior ordinances. § 1-3. Continuation of existing provisions. ARTICLE III Adoption of Chapter 190, Zoning § 1-4. Copy of Code on file. § 1-23. Adoption of codified Zoning Ordinance. § 1-5. Amendments to Code. § 1-6. Publication; filing. § 1-7. Code book to be kept up-to-date. § 1-24. Continuation of existing provisions. § 1-8. Sale of Code. § 1-25. Severability of Code provisions. § 1-9. Altering or tampering with Code; penalties for violation. § 1-26. Severability of ordinance provisions. § 1-10. Severability of Code provisions. § 1-27. Changes in previously adopted ordinances. § 1-11. Severability of ordinance provisions. § 1-28. When effective. § 1-12. Repealer. § 1-29. Incorporation of provisions into Code. § 1-13. Changes in previously adopted ordinances. ARTICLE IV Adoption of Chapter 35, Building Code § 1-14. When effective. § 1-15. Incorporation of provisions into Code. § 1-30. Adoption of codified Building Code. ARTICLE II Adoption of Code by Board of Sewer Commissioners § 1-31. Continuation of existing provisions. § 1-32. Severability of Code provisions. § 1-16. Adoption of codified ordinances. § 1-33. Severability of ordinance provisions. § 1-17. Continuation of existing provisions. § 1-34. Changes in previously adopted ordinances. § 1-18. Severability of Code provisions. § 1-35. When effective. § 1-19. Severability of ordinance provisions. § 1-36. Incorporation of provisions into Code. 1:1 Publication, Mar 2020
§ 1-1 RYE CODE ARTICLE V Adoption of Chapter 60, Floodplain Management § 1-4 § 1-39. Severability of Code provisions. § 1-40. Severability of ordinance provisions. § 1-41. Changes in previously adopted ordinances. § 1-37. Adoption of codified Floodplain Development and Building Ordinance. § 1-42. When effective. § 1-43. Incorporation of provisions into Code. § 1-38. Continuation of existing provisions. [HISTORY: Adopted by the Town of Rye as indicated in article histories. Amendments noted where applicable.] ARTICLE I Adoption of Code by Town Meeting [Adopted 3-10-2020 by Art. 28] § 1-1. Adoption of Code. The ordinances of the Town of Rye of a general and permanent nature adopted by the Town Meeting and Board of Selectmen of the Town of Rye, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 28, Chapters 38 through 55, Chapters 89 through 126, and Chapters 137 through 174, are hereby approved, adopted, ordained and enacted as the Code of the Town of Rye, hereinafter referred to as the "Code." § 1-2. Code supersedes prior ordinances. This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force. § 1-3. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. § 1-4. Copy of Code on file. A copy of the Code has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance, and if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Town of Rye by impressing thereon the Seal of the Town, as provided by law, and such certified copy shall remain on file in the office of the Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. 1:2 Publication, Mar 2020
§ 1-5 GENERAL PROVISIONS § 1-10 § 1-5. Amendments to Code. Any and all additions, deletions, or amendments to the Code, when adopted in such form as to indicate the intention of the Town Meeting or Board of Selectmen to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Rye" shall be understood and intended to include such additions, deletions, or amendments. Whenever such additions, deletions, or amendments to the Code shall be adopted, they shall thereafter be inserted in the Code as amendments and supplements thereto. § 1-6. Publication; filing. The Clerk of the Town of Rye, pursuant to law, shall cause to be published, in the manner required by law, notice of the adoption of this ordinance. A copy of the Code of the Town of Rye shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. § 1-7. Code book to be kept up-to-date. It shall be the duty of the Town Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are included as supplements to said Code. § 1-8. Sale of Code. Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Board of Selectmen. The Clerk may also arrange for procedures for the periodic supplementation of the Code. § 1-9. Altering or tampering with Code; penalties for violation. It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Rye to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine or penalty of 50. § 1-10. Severability of Code provisions. Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any 1:3 Publication, Mar 2020
§ 1-10 RYE CODE § 1-15 other sections or parts thereof. If any provision of the Code of the Town of Rye or the application thereof to any person or circumstances is held invalid, the remainder of the Code and the application of such provision to other persons or circumstances shall not be affected thereby. § 1-11. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-12. Repealer. All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Rye which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect. Ordinance No. 12, Beach Safety, adopted at the March 1984 Town Meeting, is specifically repealed (now covered by Chapter 22, Article I, § 22-3). § 1-13. Changes in previously adopted ordinances. A. In compiling and preparing the ordinances for publication as the Code of the Town of Rye, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain other minor nonsubstantive changes were made to correct spelling and grammatical errors. It is the intention of the Town Meeting that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. B. The amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)1 § 1-14. When effective. This ordinance shall take effect upon passage and publication as required by law. § 1-15. Incorporation of provisions into Code. The provisions of this ordinance are hereby made part of Chapter 1 of the Code of the Town of Rye, to be titled "General Provisions, Article I, Adoption of Code by Town Meeting." 1. Editor's Note: Schedule A is on file at the Town Clerk's office. 1:4 Publication, Mar 2020
§ 1-15 GENERAL PROVISIONS § 1-20 ARTICLE II Adoption of Code by Board of Sewer Commissioners [Adopted 2-11-2020] § 1-16. Adoption of codified ordinances. The Sewer Use Ordinance and the Sewer User Charge Ordinance adopted July 15, 1993, as renumbered, revised and codified as Chapter 129, Sewers, Article I, Sewer Use, and Article II, Sewer User Charges, of the Code of the Town of Rye, are hereby approved and adopted. § 1-17. Continuation of existing provisions. The provisions of Chapter 129, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of Chapter 129 by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. § 1-18. Severability of Code provisions. Each section of Chapter 129 and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of Chapter 129 or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. § 1-19. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-20. Changes in previously adopted ordinances. A. In compiling and preparing the ordinances for publication as Chapter 129 of the Code of the Town of Rye, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain other minor nonsubstantive changes were made to correct spelling and grammatical errors. It is the intention of the Board of Sewer Commissioners that all such changes be adopted as part of Chapter 129 as if the ordinances had been previously formally amended to read as such. B. The amendments and/or additions as set forth in Schedule B attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this 1:5 Publication, Mar 2020
§ 1-20 RYE CODE § 1-25 ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)2 § 1-21. When effective. This ordinance shall take effect upon passage and publication as required by law, provided the March 10, 2010, Town Meeting adopts the Code of the Town of Rye. § 1-22. Incorporation of provisions into Code. The provisions of this ordinance are hereby made part of Chapter 1 of the Code of the Town of Rye, to be titled "General Provisions, Article II, Adoption of Code by Board of Sewer Commissioners." ARTICLE III Adoption of Chapter 190, Zoning [Adopted 3-10-2020 by Art. 3] § 1-23. Adoption of codified Zoning Ordinance. The Rye Zoning Ordinance adopted March 10, 1987, as amended through March 12, 2019, as renumbered, revised and codified as Chapter 190, Zoning, of the Code of the Town of Rye, is hereby approved and adopted. This ordinance and Chapter 190 shall supersede all other Zoning Ordinances enacted prior to the enactment of this ordinance. § 1-24. Continuation of existing provisions. The provisions of Chapter 190, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of Chapter 190 by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. § 1-25. Severability of Code provisions. Each section of Chapter 190 and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of Chapter 190 or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. 2. Editor's Note: Schedule B is on file at the Town Clerk's office. 1:6 Publication, Mar 2020
§ 1-26 GENERAL PROVISIONS § 1-30 § 1-26. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-27. Changes in previously adopted ordinances. A. In compiling and preparing the ordinances for publication as Chapter 190 of the Code of the Town of Rye, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain other minor nonsubstantive changes were made to correct spelling and grammatical errors. It is the intention that all such changes be adopted as part of Chapter 190 as if the ordinances had been previously formally amended to read as such. B. The amendments and/or additions as set forth in Schedule C attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)3 § 1-28. When effective. This ordinance shall take effect upon passage, provided the March 10, 2020, Town Meeting adopts the Code of the Town of Rye. § 1-29. Incorporation of provisions into Code. The provisions of this ordinance are hereby made part of Chapter 1 of the Code of the Town of Rye, to be titled "General Provisions, Adoption of Chapter 190 of the Code of the Town of Rye." ARTICLE IV Adoption of Chapter 35, Building Code [Adopted 3-10-2020 by Art. 4] § 1-30. Adoption of codified Building Code. The Rye Building Code adopted March 14, 2000, as amended through March 12, 2019, as renumbered, revised and codified as Chapter 35 of the Code of the Town of Rye, is hereby approved and adopted. This ordinance and Chapter 35 shall supersede all other Building Codes enacted prior to the enactment of this ordinance. 3. Editor's Note: Schedule C is on file at the Town Clerk's office. 1:7 Publication, Mar 2020
§ 1-31 RYE CODE § 1-35 § 1-31. Continuation of existing provisions. The provisions of Chapter 35, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of Chapter 35 by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. § 1-32. Severability of Code provisions. Each section of Chapter 35 and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of Chapter 35 or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. § 1-33. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-34. Changes in previously adopted ordinances. A. In compiling and preparing the ordinances for publication as Chapter 35 of the Code of the Town of Rye, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain other minor nonsubstantive changes were made to correct spelling and grammatical errors. It is the intention that all such changes be adopted as part of Chapter 35 as if the ordinances had been previously formally amended to read as such. B. The amendments and/or additions as set forth in Schedule D attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)4 § 1-35. When effective. This ordinance shall take effect upon passage, provided the March 10, 2020, Town Meeting adopts the Code of the Town of Rye. 4. Editor's Note: Schedule D is on file at the Town Clerk's office. 1:8 Publication, Mar 2020
§ 1-36 GENERAL PROVISIONS § 1-41 § 1-36. Incorporation of provisions into Code. The provisions of this ordinance are hereby made part of Chapter 1 of the Code of the Town of Rye, to be titled "General Provisions, Adoption of Chapter 35 of the Code of the Town of Rye." ARTICLE V Adoption of Chapter 60, Floodplain Management [Adopted 3-10-2020 by Art. 5] § 1-37. Adoption of codified Floodplain Development and Building Ordinance. The Rye Floodplain Development and Building Ordinance adopted March 12, 2019, as renumbered, revised and codified as Chapter 60 of the Code of the Town of Rye, is hereby approved and adopted. This ordinance and Chapter 60 shall supersede all other Floodplain Development and Building Ordinances enacted prior to the enactment of this ordinance. § 1-38. Continuation of existing provisions. The provisions of Chapter 60, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of Chapter 60 by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. § 1-39. Severability of Code provisions. Each section of Chapter 60 and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of Chapter 60 or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. § 1-40. Severability of ordinance provisions. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. § 1-41. Changes in previously adopted ordinances. A. In compiling and preparing the ordinances for publication as Chapter 60 of the Code of the Town of Rye, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain other minor nonsubstantive changes were made to correct spelling and grammatical errors. It is the intention that all such changes be adopted as part of Chapter 60 as if the ordinances had been previously formally amended to read as such. 1:9 Publication, Mar 2020
§ 1-41 B. RYE CODE § 1-43 The amendments and/or additions as set forth in Schedule E attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)5 § 1-42. When effective. This ordinance shall take effect upon passage, provided the March 10, 2020, Town Meeting adopts the Code of the Town of Rye. § 1-43. Incorporation of provisions into Code. The provisions of this ordinance are hereby made part of Chapter 1 of the Code of the Town of Rye, to be titled "General Provisions, Adoption of Chapter 60 of the Code of the Town of Rye." 5. Editor's Note: Schedule E is on file at the Town Clerk's office. 1:10 Publication, Mar 2020
Chapter 6 ALARM SYSTEMS § 6-1. Definitions. § 6-4. Violations and penalties. § 6-2. Installation; inspection. § 6-5. Codes governing alarm installations. § 6-3. Maintenance. [HISTORY: Adopted by the Town Meeting of the Town of Rye 3-18-1995 by Art. 14 (Ord. No. 26).1 Amendments noted where applicable.] § 6-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGENT — Anyone who can hear an audible alarm or see a visual signal of alarm and notify the appropriate agency, i.e., a neighbor. FALSE ALARM — An alarm signal requiring a response by the fire or polic
[HISTORY: Adopted by the Town of Rye as indicated in article histories. Amendments noted where applicable.] ARTICLE I Adoption of Code by Town Meeting [Adopted 3-10-2020by Art. 28] § 1-1.Adoption of Code. The ordinances of the Town of Rye of a general and permanent nature adopted by the Town
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Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. 3 Crawford M., Marsh D. The driving force : food in human evolution and the future.
