Chesterfield Town Ordinances

TOWN OF CHESTERFIELD

Town Ordinances

It is the intent of these ordinances to promote a safe and orderly way of life for the inhabitants of, and visitors to the Town of Chesterfield. These Ordinances are intended to fill the void where State or Federal Law does not adequately cover a situation that exists within the Town.

The enclosed Ordinances are to be considered separable from themselves. If any word, phrase or sentence is found to be unconstitutional, such word, phrase or sentence shall be removed from the Ordinance, leaving the remainder of the Ordinance in place until such time as appropriate wording, phrasing or sentencing can be substituted.

Table of Contents

Section I Ordinances Relating to Alcohol
A. Open Container

B. Alcohol Prohibited on Town or School Property

Section II Ordinances Relating to Animals

A. Leash Law Relating to Dogs

Section III Ordinances Relating to Highways

A. Prohibition On Use of Skateboards, Scooters and Roller-skates

B. Parking Limitations

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ORDINANCES RELATING TO ALCOHOL BEVERAGES

A. Definitions:

For the purposes of this Ordinance the following words, terms and phrases shall have the meaning given herein. The word “shall” is to be construed as mandatory and not merely directory.

1. School Property:

To include the Chesterfield School Building and the area surrounding same. This shall include the area in front of the school bordered by Route 63 and the Old Chesterfield Road and the ball field area located to the east of the school building.

2. Town Property:

To include any and all buildings owned by the Town of Chesterfield whether posted or not. This shall include but is not limited to Town Hall, Town Library, Town Offices, Town Garage, Police Station, Wares Grove Beach, North Shore Beach, Spaulding Property, Town Office property and the Town Transfer Station area.

B. Open Container Possession

1. Open Container:

No person shall have in his/her possession, any glass, can or open container, containing an alcoholic beverage while on any way as defined by RSA 259:125.

2. Open Container in a Motor Vehicle:

No person shall have in his/her possession an open container, can or glass, containing an alcoholic beverage within or on a motor vehicle, to include motorcycles, while parked or standing on any way as defined by RSA 259:125.

3. Penalties:

Any person who violates any provision of Chesterfield Town Ordinance Section IA: 1 or 2 shall be guilty of a violation and shall be fined not more than one hundred ($100.00) dollars and further shall be subject to the immediate confiscation of all pertinent contraband.

C. Consumption of Alcoholic Beverage

1. School Property:

No person or groups of persons shall consume, sell, or offer for consumption, any alcoholic beverage while on pretty owned, leased or rented by the Chesterfield School District or by the Town of Chesterfield for use by the Chesterfield Scholl District.

2. Town Property:

No person shall, either singularly or as part of a group, consume, sell, or offer for consumption, any alcoholic beverage while on property owned, leased or rented by the Town of Chesterfield.

3. Exceptions:

A permit to consume alcoholic beverages on property owned by the Town of Chesterfield or the Chesterfield School District by any publicly recognized organization or group or any family group to exempt them from the provisions of this ordinance. This permit shall be for a length of time not to exceed twelve continuous hours. No permit shall be granted for consumption of alcoholic beverages inside the Chesterfield School Building.

4. Penalties:

Any person or group that violates the provisions of Chesterfield Town Ordinance Section 1B: 1 or 2 shall be guilty of a violation and shall be fined not more than one hundred ($100.00) dollars, and further shall subject to the immediate confiscation of any and all pertinent contraband or evidence.

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ORDINANCES REGARDING ANIMALS

A. Year Round Leash Ordinance

1. Leash Law:

All dogs within the Town of Chesterfield must be kept on a leash or under its owner’s direct and immediate control at all times. This shall include dogs at large as well as noisy or nuisance dogs.

2. Penalties:

The owner of any dog found in violation of Chesterfield Town Ordinance Section IIA:1 shall be subject to any or all of the following:

a. Immediate pickup and impoundment of the animal at the Cheshire County Humane Shelter. The owner shall be responsible for the $25.00 dollar pick up fee as well as any boarding fees imposed by the Humane Shelter before the animal is released.

b. Subsequent offenses may result in court action against the owner of the animal in which case the owner would be du subject to a fine not to exceed $100.

c. Any animal seen running deer or threatening livestock or other pets may be killed if no other means of apprehension can be determined. The owner of any such animal may be subject to Court action if deemed necessary by any Police Officer or Fish & Game Officer.

3. Definitions:

For the purpose of this Ordinance, the following words, terms and phrases shall have the meaning given within. The word “shall” is to be construed as mandatory and not merely directory.

a. Control: Shall mean that the owner or master of any dog within the Town will be able to bring said dog to his side or in hand immediately upon verbal or hand signal. To include but not limited to a dogs running, jumping or barking.

b. Dog at large: Is any dog found to be outside of it’s owner’s direct or immediate control.

c. Nuisance: Shall mean any or all of the following actions, running, jumping, barking excessively, knocking over garbage cans, damaging or destroying the property of another.

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ORDINANCE RELATING TO THE USE OF SKATEBOARDS, ROLLER SKATES, SCOOTERS

A. Skateboards, Roller Skates, Scooters:

The use of skateboard, roller skates or scooters on any way as defined in RSA 259:125.

1. Penalties:

Any person found to be in violation of Chesterfield Town Ordinance Section IIIA:1 shall be guilty of a violation and may face Court action. Any person found to be in violation two or more times shall be subject to impoundment of the skateboard, roller skates or scooter. If the person found to be in violation is a minor, he/she will be transported to the Police Station where his/her parent or legal guardian will be called to pick u the juvenile. If Court action is taken the person shall be fined not more than $50.00.

2. Definitions:

For the purposes of this Ordinance, the following words, terms or phrases shall have the meaning given herein. The word “shall” is to be construed as mandatory and not merely directory.

a. Skateboard:

Any device used solely for the recreational transportation of a single rider containing a flat surface to stand on and mounted on small diameter wheels.

b. Scooter:

Any device used solely for the recreational transportation of one or more riders, consisting of a flat surface with handlebars and mounted on small diameter wheels.

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ORDINANCE RELATING TO PARKING IN THE TOWN

A. Parking Requirements:

When parking a vehicle on the side of any way in the villages of Chesterfield, Spofford or West Chesterfield, the operator must park his or her vehicle completely off the travel portion of the road. In the event that the way in question is paved, this shall mean the entire paved area of the way.

B. Obedience to Signs:

The operator of any vehicle wishing to park on the side of any way in the Town of Chesterfield must check the area for any posted signs restricting parking; if such a sign is posted the operator will not park his or her vehicle in that area.

C. Exceptions:

Exceptions to the parking requirements listed in Sections 1 and 2 are in the event of an emergency of breakdown. If an operator leaves a vehicle in a breakdown area, the vehicle must be removed as soon as possible.

D. Penalties:

Any vehicle found to be in violation of Chesterfield Town Ordinance Section IIIB 1 or 2 shall be subject to a parking fine in the amount of ten dollars ($10.00). Any vehicle found to be an obstruction or hazard traffic will receive the parking fine listed above and at the discretion of the Law Enforcement Officer, may be removed at the owners expense. Failure to honor a parking violation ticket may subject that person to Court action.

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DRUG PARAPHERNALIA

Possession of Drug Paraphernalia: It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body controlled substances in violation of New Hampshire Revised Statutes Annotated. Any person violating this section shall be guilty of a violation.

Manufacture of Delivery of Drug Paraphernalia: It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test. Analyze, pack, repack, store, contained conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of New Hampshire Revised Statutes Annotated. Any person violating this section shall be guilty of a violation.

Delivery of Drug Paraphernalia to a Minor: It shall be unlawful for any person 18 years of age or older to knowingly deliver, or solicit, direct, or hire someone to deliver any drug paraphernalia as defined on Section Definitions, to a person 17 years of age or younger. Any person violating this section shall be guilty of a violation.

Advertisement of Drug Paraphernalia: It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, when viewed in whole or in part, is to promote the sale of objects intended for use or customarily intended for use as drug paraphernalia. Any person violating this section shall be guilty of a Violation.

Definitions: The term “drug paraphernalia” means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the New Hampshire Revised Statutes Annotated. It includes, but is not limited to:

(a) Kits used or intended for use or customarily intended for use in planting, propagating, cultivation, growing or harvesting of any species of plant which is a controlled substance of from which a controlled substance can be delivered.

(b) Kits including but not limited to cocaine kits, used or intended for use or customarily intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

(c) Isomerization devices used or intended for use or customarily intended for use in increasing the potency of any species of plant which is a controlled substance.

(d) Testing equipment used or intended for use or customarily intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(e) Scales and balances used or intended for use or customarily intended for use in weighting or measuring controlled substances.

(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use or customarily intended for use in cutting controlled substances.

(g) Separation gins and sifters used or intended for use or customarily intended for use in removing twigs and seeds from, or in otherwise cleaning refining, marijuana.

(h) Blenders, bowls, container, spoons and mixing devices used or intended for use or customarily intended for use in compounding controlled substances.

(i) Capsules, balloons, envelopes and other containers used or intended for use or customarily intended for use in packaging small quantities of controlled substances.

(j) Containers and other objects used or intended for use or customarily intended for use in storing or concealing controlled substances.

(k) Objects used or intended for use or customarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(2) Water pipes;

(3) Carburetion tubes and devices;

(4) Smoking and carburetion masks;

(5) Chamber pipes;

(6) Carburetor pipes;

(7) Electric pipes;

(8) Air-driven pipes;

(9) Chillums;

(10) Bongs;

(11) Ice pipes or chillers;

Determination: In determining whether an object is drug paraphernalia under this ordinance, a court or other authority should consider, in addition to all other logically relevant factors, the following;

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(c) The proximity of the object, in time and space, to a direct violation of the New Hampshire Revised Statutes Annotated;

(d) The proximity of the object to any controlled substances;

(e) The proximity of any residue of controlled substances;

(f) The existence of any residue of controlled substances on the object;

(g) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of the New Hampshire Revised Statutes Annotated; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the New Hampshire Revised statutes Annotated shall not prevent a finding that the object is intended for use as drug paraphernalia;

(h) Instructions, oral or written, provided with the object concerning its use;

(i) Descriptive materials accompanying the object which explain or depict its use;

(j) National and local advertising concerning its use;

(k) The manner in which the object is displayed for sale;

(l) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;

(m) Whether the object is customarily intended for use as drug paraphernalia and the existence and scope of other legitimate uses for the object in the community; and

(n) Expert testimony concerning its use.

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