TITLE III
TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES

Chapter 47
POWERS OF CITY COUNCILS

Section 47:1

    47:1 In General. – All the powers vested by law in towns, or in the inhabitants thereof, shall be exercised by the city councils by concurrent vote, each board having a negative on the other.

Source. 1846, 384:14. 1855, 1699:16. GS 44:1. GL 48:1. PS 50:1. PL 54:1. RL 66:1.

Section 47:1-a

    47:1-a Contracts With Firefighting Units. – Notwithstanding any other provision of law to the contrary, no city council shall contract with any private firefighting unit unless said unit has been certified by the state fire marshal pursuant to RSA 153:4-a.

Source. 1983, 101:1, eff. May 24, 1983.

Section 47:1-b

    47:1-b Special Revenue Funds. – Cities may, pursuant to RSA 47:1-c, vote to restrict revenues from a specific source to expenditures for specific purposes. Such revenues and expenditures shall be accounted for in a special revenue fund separate from the general fund. Any surplus in such fund shall not be deemed part of the general fund accumulated surplus nor shall any surplus be expended for any purpose or transferred to any appropriation until such time as the legislative body shall have voted to appropriate a specific amount from said fund for a specific purpose related to the purpose or source of the revenue. This section shall not be construed to prohibit the establishment of capital reserve funds pursuant to RSA 34 or city created trust funds pursuant to RSA 31:19-a. The provisions of this section shall be limited to those municipal activities funded primarily through user fees including, but not limited to, municipal airports and solid waste facilities.

Source. 1989, 279:2, eff. July 28, 1989.

Section 47:1-c

    47:1-c Procedure for Adoption. –
I. Any city may adopt the provisions of RSA 47:1-b to restrict revenues from a specific source to expenditures for specific purposes in the following manner:
(a) The legislative body may consider and act upon the question in accordance with their normal procedures for passage of resolutions, ordinances, and other legislation. The question shall not be placed on the official ballot.
(b) The city council shall hold a public hearing on the question at least 15 days but not more than 30 days before the question is to be voted on. Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(c) The wording of the question shall be: "Shall we adopt the provisions of RSA 47:1-b to restrict revenues from (here insert source) to expenditures for the purpose of (here insert purpose)? Such revenues and expenditures shall be accounted for in a special revenue fund to be known as the ( ___ ) fund, separate from the general fund. Any surplus in said fund shall not be deemed part of the general fund accumulated surplus and shall be expended only after a vote by the legislative body to appropriate a specific amount from said fund for a specific purpose related to the purpose of the fund or source of the revenue."
II. If a majority of those voting on the question vote "Yes", RSA 47:1-b shall apply within the city on a date set by the city council.
III. If the question is not approved, the question may later be voted upon according to the provisions of RSA 47:1-c, I.
IV. (a) Any city which has adopted RSA 47:1-b may consider rescinding its action in the manner described in RSA 47:1-c, I(a) and (b). The wording of the question shall be the same as set out in RSA 47:1-c, I(c), except the word "adopt" shall be changed to "rescind."
(b) If a majority of those voting on the question vote "Yes", RSA 47:1-b shall not apply within the city following the date of the vote.

Source. 1989, 279:2, eff. July 28, 1989.

Section 47:2

    47:2 Prescribing Offices; Disqualification. – The city councils shall have the power to provide for the appointment or election of all necessary officers for the good government of the city not otherwise provided for, and to prescribe their duties and fix their compensation; but no person who is a member of the city councils shall be elected by the city councils or appointed by the mayor and aldermen to any office pertaining to elections, or where the remuneration of the office exceeds $100 in any one year. In case of the election or appointment of any member of the city councils to any office where the remuneration of the office does not exceed $100 in any one year, the member shall not be present or vote when the member's election or appointment is made.

Source. 1846, 384:21. 1855, 1699:20. GS 44:2. GL 48:2. PS 50:2. 1921, 100:1. PL 54:2. RL 66:2. 1996, 268:2, eff. Aug. 9, 1996.

Section 47:3

    47:3 Election of Officers. – The city councils shall, at the times fixed by ordinance for that purpose, meet in convention, and by joint ballot elect a city treasurer and all other subordinate officers who are not chosen in the ward meetings, appointed by the mayor and aldermen or otherwise appointed by law; and all such officers shall hold their respective offices until others are elected or appointed and qualified in their stead.

Source. 1846, 384:23. GS 44:3. GL 48:3. PS 50:3. PL 54:3. RL 66:4.

Section 47:4

    47:4 Vacancies. – At a like convention, held by request of either branch of the city councils, they shall fill all vacancies that shall exist in the boards of assessors, overseers of the public welfare or school board, until an election shall be had, and all vacancies in any office to which they have power to elect.

Source. 1846, 384:23. GS 44:4. GL 48:4. PS 50:4. PL 54:4. RL 66:5. RSA 47:4. 1957, 198:3.

Section 47:5

    47:5 City Property. – The city councils shall have the care and superintendence of the city buildings, all city property and all public squares and streets; and the power to sell or let what may be legally so disposed of, and to purchase property, real or personal, for the use of the city, whenever the interests or convenience of the city shall require it.

Source. 1846, 384:18. 1855, 1699:18. GS 44:5. GL 48:5. PS 50:5. PL 54:5. RL 66:6.

Section 47:6

    47:6 Financial Supervision. –
I. The city councils shall take proper care that no money be paid from the city treasury unless previously granted and appropriated, and shall secure a just and prompt accountability from all persons entrusted with the receipt, custody or disbursement of the money or funds of the city, or the care of its property.
II. At least yearly, the city council or board of aldermen shall review and adopt an investment policy for the investment of public funds in conformance with the provisions of applicable statutes and shall advise the treasurer of such policies.

Source. 1846, 384:18. 1855, 1699:18. GS 44:6. GL 48:6. PS 50:6. PL 54:6. RL 66:7. 2007, 246:8, eff. Aug. 27, 2007.

Section 47:7

    47:7 Auditor. – Any city may, by vote of its councils, establish the office of auditor for the city, and may prescribe the auditor's duties, and fix the compensation and term of service.

Source. 1895, 8:1. PL 54:7. RL 66:8. 1996, 268:3, eff. Aug. 9, 1996.

Section 47:8

    47:8 Appointment. – The auditor shall be appointed by the mayor, with the approval of the board of aldermen, or, where there is no board of aldermen, of the city council.

Source. 1895, 8:2. PL 54:8. RL 66:9.

Section 47:9

    47:9 Fire Chief; Deputy Chief. – The city councils of any city shall have the power to pass an ordinance which shall provide that the chief, or any deputy chief, of the fire department of such city shall be appointed for an indefinite period of time, that no person shall be appointed to such office except one technically qualified by training or experience, and that the appointee shall be removed only for just cause and after hearing with reasonable notice in writing of the charges against the appointee.

Source. 1945, 110:2. 1996, 268:4, eff. Aug. 9, 1996.

Section 47:10

    47:10 City Report. – The city councils shall, once in every year at least, publish, for the use and information of the inhabitants, a particular account of the receipts and expenditures of the city and a schedule of its debts and property.

Source. 1846, 384:18. 1855, 1699:18. GS 44:7. GL 48:7. PS 50:7. PL 54:9. RL 66:10.

Section 47:11

    47:11 Sewers. – The city councils shall have power to construct drains and common sewers through highways, streets or private lands, paying the owners such damages as they shall sustain thereby, the damages to be assessed by the mayor and aldermen in the same manner and with the same right of appeal from their decision as in case of the laying out of highways; and may require all persons to pay a reasonable sum for the right to open any drain into any public drain or common sewer.

Source. 1846, 384:19. 1855, 1699:19. GS 44:9. GL 48:8. PS 50:8. PL 54:10. RL 66:11.

Section 47:11-a

    47:11-a Mass Transportation for Cities. –
I.
Power to Appropriate. The governing body of any city may, subject to the provisions of paragraphs II and III, raise and appropriate such sums of money as public convenience or necessity may require, to aid or to contribute to a mass transportation system.
II.
Optional Referendum. If the governing body of a city should desire to place the question of whether or not to appropriate a certain sum of money pursuant to the provisions of paragraph I, they may place said question on a referendum to be voted upon at any regular municipal election, or at a special election called for the purpose of voting on said question. Should a referendum be held, the following questions shall be submitted "Shall the governing body of the city of ( ) be instructed to appropriate ($ ) for the purpose of aiding mass transportation?" The governing body shall be bound by the outcome of the referendum.
III.
Two-Thirds Vote. If the governing body of a city should decide not to place the question of whether or not to appropriate a certain sum of money pursuant to the provisions of paragraph I on a referendum, a 2/3 vote of the entire membership of the governing body shall be necessary in order to approve said appropriation.

Source. 1969, 365:1. 1974, 15:4, eff. April 2, 1974.

Section 47:11-b

    47:11-b Group Homes. – The city councils may appropriate money to support or aid group homes. For the purposes of this section, a group home is an institution or home which is supervised and licensed pursuant to the provisions of RSA 161:2, IV, and provides residential and counseling services to persons under the age of 21.

Source. 1974, 15:6, eff. April 2, 1974.

Section 47:11-c

    47:11-c Geographic Information Systems. – Any city may establish computer-based geographic information systems and control the distribution of that information, subject to RSA 91-A. The city may finance the completion and perpetuation of the system through establishing a special revenue fund under RSA 47:1-b and 47:1-c or through nonprofit corporations. The city may charge fees for the use of the system.

Source. 1994, 76:3, eff. July 5, 1994.

Section 47:12

    47:12 Health. – All the powers vested in the board of health of towns shall be vested in the city councils, and shall be carried into execution in such manner, by such officers and with such powers, as the city councils shall determine.

Source. 1846, 384:20. 1855, 1699:20. GS 44:10. GL 48:9. PS 50:9. PL 54:11. RL 66:12.

Section 47:12-a

    47:12-a Life and Health Insurance. – The city councils may appropriate money to provide, wholly or in part, group plan life, accident, medical, surgical and hospitalization insurance benefits, or any combinations of such benefits, for all regular employees of the city and their dependents. Any provision in a city charter inconsistent with the provisions of this section shall be repealed to the extent of such inconsistency.

Source. 1963, 90:2, eff. July 23, 1963.

Aldermen

Section 47:13

    47:13 Executive Powers. – The executive powers of the city and the administration of police, except where vested in the mayor, shall be exercised by the mayor and aldermen; and they shall have the powers, and do and perform all the duties, which the selectmen of towns have, and are authorized or required to do and perform in regard to their towns, unless it is otherwise provided by law.

Source. 1846, 384:11. 1855, 1699:14. GS 42:14. GL 46:14. PS 48:14. PL 52:11. RL 64:11.

Section 47:14

    47:14 Appointive Officers. – They shall appoint a city marshal, and one or more assistant marshals if they think it necessary, a collector of taxes, constables, police officers and watchmen, and may remove them from office for sufficient cause; and may require the marshal and constables, before entering on their duties, to give bonds, with sufficient sureties to any reasonable amount, upon which like proceedings and remedies may be had as in case of bonds required to be given by constables of towns.

Source. 1846, 384:11. 1851, 1123:1. GS 42:15. GL 46:15. PS 48:15. PL 52:12. RL 64:12.

Section 47:15

    47:15 Police Uniform. – It shall be the duty of the mayor and aldermen to fix and determine a suitable and appropriate uniform for the marshal, assistant marshal and police officers by them appointed, and to designate such badges and other marks of their official character as they may deem expedient.

Source. 1872, 20:1. GL 46:16. PS 48:16. PL 52:13. RL 64:13.

Section 47:16

    47:16 General Meeting. – The mayor and aldermen shall issue their warrant for a general meeting of the voters, for any constitutional or legal purpose, whenever requested to do so, in writing, by 100 legal voters.

Source. 1846, 384:12. GS 42:17. GL 46:18. PS 48:17. PL 52:14. RL 64:14. 2003, 289:8, eff. Sept. 1, 2003.

Bylaws and Ordinances

Section 47:17

    47:17 Bylaws and Ordinances. –
The city councils shall have power to make all such salutary and needful bylaws as towns and the police officers of towns and engineers or firewards by law have power to make and to annex penalties, not exceeding $1,000, for the breach thereof; and may make, establish, publish, alter, modify, amend and repeal ordinances, rules, regulations, and bylaws for the purposes stated in this section. Provisions in this section granting authority to establish and collect fines for certain violations shall not be interpreted to limit the authority hereunder to establish and collect fines for any other violations:
I.
In General. To carry into effect all the powers by law vested in the city.
II.
Order and Police Duty. To regulate the police of the city; to prevent any riot, noise, disturbance, or disorderly assemblages; to regulate the ringing of bells, blowing of horns or bugles, and crying goods and other things; and to prescribe the powers and duties of police officers and watchmen.
III.
Disorderly Houses and Gaming. To suppress and restrain disorderly houses and houses of ill-fame, gambling houses and places, billiard tables, nine or ten pin alleys or tables and ball alleys, and all playing of cards, dice or other games of chance; to restrain and prohibit all descriptions of gaming and fraudulent devices; and to authorize the destruction and demolition of all instruments and devices used for the purpose of gaming.
IV.
Sale of Liquor. To establish regulations for groceries, stores, restaurants, and places of public amusement; to authorize the entry of proper officers into all such places to inspect the same, and the seizure and forfeiture of all liquors and the instruments used or designed to be used in the manufacture or sale of the same, in violation of law.
V.
Shows. To regulate or prohibit the exhibitions of natural or artificial curiosities, caravans, circuses, theatrical performances, or other shows.
VI.
Porters, Vehicles, Etc. To license and regulate porters, cartmen and cartage, runners for boats, stages, cars, and public houses, hackney coaches, cabs, and carriages, and their drivers; the care and conduct of all animals, carriages, and teams, standing or moving in the streets; to prevent horse-racing and immoderate riding or driving in streets and on bridges; and to prevent cruelty to animals.
VII.
Use of Public Ways. To regulate all streets and public ways, wharves, docks, and squares, and the use thereof, and the placing or leaving therein any carriages, sleds, boxes, lumber, wood, or any articles or materials, and the deposit of any waste or other thing whatever; the removal of any manure or other material therefrom; the erection of posts, signs, steps, public telephones, telephone booths, and other appurtenances thereto, or awnings; the digging up the ground by traffic thereon or in any other manner, or any other act by which the public travel may be incommoded or the city subjected to expense thereby; the securing by railings or otherwise any well, cellar, or other dangerous place in or near the line of any street; to prohibit the rolling of hoops, playing at ball or flying of kites, or any other amusement or practice having a tendency to annoy persons passing in the streets and sidewalks, or to frighten teams of horses within the same; and to compel persons to keep the snow, ice, and dirt from the sidewalks in front of the premises owned or occupied by them.
VIII.
Traffic Devices and Signals.
(a) To make special regulations as to the use of vehicles upon particular highways, except as to speed, and to exclude such vehicles altogether from certain ways; to regulate the use of class IV highways within the compact limits and class V highways by establishing stop intersections, by erecting stop signs, yield right of way signs, traffic signals and all other traffic control devices on those highways over which the city council has jurisdiction. The erection, removal and maintenance of all such devices shall conform to applicable state statutes and the latest edition of the Manual on Uniform Traffic Control Devices.
(b) The commissioner of transportation shall only approve the installation and modification of traffic signals as to type, size, installation, and method of operation.
IX.
Combustibles. To regulate the keeping, conveying and places of deposit of gunpowder and other combustible and dangerous materials; the use of candles, lights, and matches in barns, stables, and other buildings containing combustible and dangerous materials; to regulate the erection or use of buildings within the most compact part of the city, for any purpose which in the opinion of the city councils shall more immediately expose said city to destruction by fire, and to define the limits of such compact part.
X.
Stock at Large. To regulate, restrain, or prohibit the keeping or running at large of horses, cattle, sheep, swine, geese, goats and other poultry and animals, or any of them, to create the limits of districts within which the same may be kept and the conditions and restrictions under which they may be kept.
XI.
Dogs. To regulate the keeping of dogs and their running at large, require them to be licensed, and authorize the destruction of those kept or running at large contrary to the ordinance.
XII.
Markets, Sales. To establish markets and market-places; regulate the place and manner of selling and weighing hay, selling pickled and other fish, and salted and fresh provisions; selling and measuring wood, lime, coal, and other heavy articles; and to appoint suitable persons to superintend and conduct the same; to prevent and punish forestalling and regrating; and to restrain every kind of fraudulent device and practice.
XIII.
Vagrants, Obscene Conduct. To restrain and punish vagrants, mendicants, street beggars, strolling musicians, and common prostitutes, and all kinds of immoral and obscene conduct, and to regulate the times and places of bathing and swimming in the canals, rivers and other waters of the city, and the clothing to be worn by bathers and swimmers.
XIV.
Nuisances. To abate and remove nuisances; to regulate the location and construction of slaughterhouses, tallow chandlers' shops, soap factories, tanneries, stables, barns, privies, sewers, and other unwholesome or nauseous buildings or places, and the abatement, removal or purification of the same by the owner or occupant; to prohibit any person from bringing, depositing, or having within the city any dead carcass or other unwholesome substance; to provide for the removal or destruction, by any person who shall have the same upon or near such person's premises, of any such substance, or any putrid or unsound beef, pork, fish, hides, or skins, and, on such person's default, to authorize the removal or destruction thereof by some officer of the city; to authorize and provide for the collection, removal, and destruction of garbage and other waste material, to make necessary regulations relative thereto, and to provide for payment therefor by assessment, or appropriation, or both. A municipality may create fines for violations related to garbage and other waste material regulations and a procedure for the administrative enforcement of such violations and collection of penalties as provided in RSA 48-A:8, VI, or in any other manner authorized by law.
XIV-a.
Interfering With Voters. To regulate the distribution of campaign materials or electioneering or any activity which affects the safety, welfare and rights of voters at any election held for any purpose in such city. Such power shall not extend to the display of printed or written matter attached to any legally parked motor vehicle, nor shall such power extend to activities conducted wholly on private property so as not to interfere with people approaching or entering a polling place.
XIV-b.
Local Election Reporting Requirements. Requiring the reporting of contributions to, and expenditures by, any candidate or political committee made for the purpose of influencing the election of any candidate for local elective office, or any person or committee for the purpose of influencing the vote on any local ballot or referendum question.
XV.
Miscellaneous. Relative to the grade of streets, and the grade and width of sidewalks; to the laying out and regulating public squares and walks, commons, and other public grounds, public lights, and lamps; to trees planted for shade, ornament, convenience, or use, and the fruit of the same; to trespasses committed on public buildings and other public property, and in private yards and gardens; in relation to cemeteries, public burial grounds, the burial of the dead, and the returning and keeping records thereof, and bills of mortality, and the duties of physicians, sextons and others in relation thereto; relative to public wells, cisterns, pumps, conduits, and reservoirs; the places of military parade and rendezvous, and the marching of military companies with music in the streets of the city; relative to precautions against fire; relative to oaths and bonds of city officers, and penalties upon those elected to such offices refusing to serve; and relative to licensing and regulating butchers, petty grocers, or hucksters, peddlers, hawkers, and common victualers; dealers in and keepers of shops for the purchase, sale or barter of junk, old metals or second-hand articles, and pawnbrokers; under such limitations and restrictions as to them shall appear necessary. They may make any other bylaws and regulations which may seem for the well-being of the city; but no bylaw or ordinance shall be repugnant to the constitution or laws of the state; and such bylaws and ordinances shall take effect and be in force from the time therein limited, without the sanction or confirmation of any other authority whatever.
XVI.
Warnings and Citations. To establish a procedure for the issuance of warnings and citations for the violation of health, fire, planning board, building, licensing, zoning, and housing codes and ordinances.
XVII.
Drug-Free Zones. Establish as a drug-free zone any area inclusive of public housing authority property and within 1,000 feet of such public housing authority property. If such drug-free zones are established, the municipality shall publish a map clearly indicating the boundaries of such drug-free zone, which shall be posted in a prominent place in the district or municipal court of jurisdiction, the local police department, and on the public housing authority property. The municipality shall also develop signs or markings for the drug-free zone which shall:
(a) Be posted in one or more prominent places in or near the public housing authority property; and
(b) Indicate that the posted area is a drug-free zone which extends to 1,000 feet surrounding such property; and
(c) Warn that a person who violates RSA 318-B, the controlled drug act, within the drug-free zone, shall be subject to severe criminal penalties under RSA 318-B and a penalty of up to $1,000 under this paragraph.
XVIII.
Automobile Parking Controls. The city councils shall have the authority to adopt such bylaws and ordinances as are necessary to control the parking, standing and stopping of automobiles within the city limits, including ordinances allowing for the towing or immobilization of automobiles for nonpayment of parking fines and creating parking fines recoverable by means of civil process.
XIX.
Businesses Obtaining City Permits. To establish regulations relative to businesses obtaining city permits.
XX. No "quiet hours" ordinance or bylaw that attempts to regulate noise from activities related to farms, agriculture, and farming as defined in RSA 21:34-a shall be enforceable within a city. This exception shall not apply to agritourism as defined in RSA 21:34-a, II(b)(5).

Source. 1846, 384:17. GS 44:11. GL 48:10. PS 50:10. 1905, 10:1. 1907, 35:1. 1915, 55:1; 98:1. 1923, 15:1. PL 54:12. 1935, 117:2. 1941, 35:1. RL 66:13. RSA 47:17. 1961, 26:1. 1971, 512:9. 1981, 298:2. 1983, 166:2. 1986, 102:1. 1991, 74:1; 364:7. 1993, 183:1. 1996, 268:1, 5. 2006, 202:1. 2007, 43:2. 2009, 270:2, 3, eff. Jan. 1, 2010. 2023, 83:2, eff. Aug. 19, 2023.

Section 47:17-a

    47:17-a Ordinances Affecting Forestry Activities. –
I. In this section, "forestry activities" means developing, caring for, or cultivating forests; timber harvesting; silviculture; and customary management and supporting activities.
II. Before enacting any ordinance, bylaw, rule, or other regulatory provision that is likely to affect forestry activities, a municipality shall consider the possible adverse effects on forestry activities and take any steps that are reasonably available to minimize such effects.
III. No municipality shall enact any ordinance, bylaw, rule, or other regulatory provision that applies only to forestry activities which adversely affects such activities. Nothing in this paragraph shall limit a municipality's authority to regulate forestry activities under duly adopted land use ordinances and regulations, subject to the protections of RSA 672:1, III-c, RSA 674:1, VI, and RSA 674:32-a through 674:32-d.

Source. 2018, 179:1, eff. June 8, 2018.

Section 47:17-b


[There is no RSA 47:17-a.]
    47:17-b Enforcement of Bylaws and Ordinances. – In addition to any other enforcement procedure authorized by law, any city code, ordinance, bylaw, or regulation may be enforced pursuant to the procedures established in RSA 31:39-c, RSA 31:39-d, or both, subject to the provisions and limitations thereof.

Source. 2009, 270:4, eff. Jan. 1, 2010.

Section 47:18

    47:18 Notice and Publication of Ordinances. – All proposed city bylaws and ordinances and all adopted city bylaws and ordinances shall be kept on file at the office of the city clerk and at such other public place as the city council may designate. Notice of proposal and of adoption of a bylaw or an ordinance shall be made by publishing the title and brief description of the bylaw or ordinance in such newspaper or newspapers as the city council shall direct. The sufficiency of the published notice shall not affect the validity of the ordinance.

Source. 1846, 384:17. GS 44:12. 1877, 72:1. GL 48:11. PS 50:11. 1925, 41:1. PL 54:13. RL 66:14. RSA 47:18. 1985, 183:1, eff. July 26, 1985.

Section 47:19

    47:19 Fines and Forfeitures for Violation of Ordinances. – All fines and forfeitures for the violation of any bylaw or ordinance of a city shall be recovered by complaint before the municipal court of said city, and shall enure to such uses as the city councils may direct.

Source. 1846, 384:17. GS 44:13. GL 48:12. PS 50:12. PL 54:14. RL 66:15.

Section 47:20

    47:20 Form of Complaints. – It shall be sufficient in any such complaint to set out the offense plainly and substantially; but the bylaw or ordinance upon which the complaint is founded need not be recited or set out.

Source. 1846, 384:17. GS 44:15. GL 48:14. PS 50:14. PL 54:16. RL 66:17.

Section 47:21

    47:21 Appeal From. – Any party so prosecuted shall have the right to appeal to the superior court in the same manner and on the same terms and conditions as are provided by law for appeals from the judgments of municipal or district courts in other criminal prosecutions.

Source. 1846, 384:17. GS 44:14. GL 48:13. PS 50:13. PL 54:15. RL 66:16.

Building Codes

Section 47:22

    47:22 Grant of Power. – The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized in the passing and adopting of ordinances, establishing codes, rules and regulations for the construction of buildings, relating to the installation of plumbing, the use of concrete, masonry, metal, iron and wood, and other building material, the installation of electric wiring, and fire protection incident thereto or for the prevention of fires to adopt any additional regulations provided that the regulations are not less stringent than the requirements of the state building code under RSA 155-A or the state fire code under RSA 153; provided, that upon adoption of such ordinance wherein such code, rules and regulations or portions thereof have been incorporated by reference, there shall be filed 3 copies of such codes, rules and regulations in the main office of the municipal department or agency administering the same and 3 copies in the office of the city clerk. All copies of any code, rules and regulations filed as provided herein, shall be for use and examination by the public.

Source. 1945, 105:1, par. 18. RSA 47:22. 1963, 232:1. 1965, 255:1. 2002, 8:2, eff. Sept. 14, 2002.

Section 47:22-a

    47:22-a Manufactured Housing. – The board of mayor and aldermen, or the corresponding governmental body of any city or the local legislative body of any town is hereby empowered and authorized to establish minimum construction standards for manufactured housing used as dwellings in the city or town, by adopting by reference any nationally recognized code for manufactured housing that has been printed as a code or any portions thereof, or any amendments to such code, to apply to all manufactured housing manufactured on or after January 1, 1964; provided that upon adoption of such ordinance wherein such code or portions thereof have been incorporated by reference, there shall be filed 3 copies of such code in the office of the building inspector, if any, and 3 copies in the office of the city or town clerk. All copies of any code filed as provided herein shall be for the use and examination by the public.

Source. 1963, 137:1. 1983, 230:18, eff. Aug. 17, 1983.

Section 47:22-b

    47:22-b Manufactured Housing Foundations. – The authority granted under RSA 47:22-a to establish minimum construction standards for manufactured housing, as defined by RSA 674:31, shall not extend to imposing requirements that manufactured housing which is located in parks be placed on other than the structural carriers designed for that purpose.

Source. 1977, 481:2. 1983, 230:6, eff. Aug. 17, 1983.

Section 47:23

    47:23 Amendment. – Any such ordinance may be amended or supplemented in like manner, provided, that 3 copies of such ordinance, as amended or supplemented, shall be filed, as provided in RSA 47:22, in the office of the building inspector and 3 copies filed in the office of the city clerk for use and examination by the public.

Source. 1945, 105:1, par. 19, eff. April 10, 1945.

Section 47:24

    47:24 Exception. – The provisions of this subdivision shall not be construed to permit the adoption by reference of penalty clauses which may be part of any nationally recognized code, rules and regulations. The said city councils shall have power to annex penalties deemed necessary, not exceeding $1000, for the breach of any violation of any such ordinance.

Source. 1945, 105:1, par. 20, eff. April 10, 1945.

Section 47:25

    47:25 Examination by Public. – At least 30 days prior to the adoption of any such ordinance or any amendment or supplement thereto, not less than 3 copies of such code or regulation referred to shall have been filed in the office of the building inspector, and 3 copies in the office of the city clerk for the use and examination of the public.

Source. 1945, 105:1, par. 21, eff. April 10, 1945.

Section 47:26

    47:26 Public Hearing; Notice. – No such ordinance or amendments or supplements thereto, as hereinbefore set forth, shall become effective or be altered until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a paper of general circulation in the state at least 15 days before the holding of said hearing.

Source. 1945, 105:1, par. 22, eff. April 10, 1945.

Oil Refinery Siting

Section 47:27

    47:27 Local Option for Oil Refinery Siting in Cities. –
Notwithstanding the provisions of any other law, an oil refinery shall not be located in any city without a vote of approval by one of the procedures specified in paragraphs I, II or III.
I. A site plan for an oil refinery may be approved by a 2/3 vote of the entire governing body of any city.
II. If the governing body of a city should vote to place the question of whether or not to approve the location of an oil refinery in said city on the ballot for referendum, it may place said question on the ballot to be voted upon at any regular municipal or biennial election, or at a special election called for the purpose of voting on said question. Such special election shall be held at the usual ward polling places by the regular city election officers. Should a referendum be held, the following question shall be placed on the ballot: "Shall an oil refinery be permitted within the city of ( ?)" Said question shall be printed in the form prescribed by RSA 59:12-a. If a majority of those voting on the question shall vote in the affirmative, then such approval shall be deemed granted and the governing body of the city shall be bound by the outcome. If a majority of those voting on the question shall vote in the negative, such approval shall be deemed not granted and no oil refinery may be located in such city unless approval is subsequently granted in accordance with this paragraph or paragraph III.
III. Upon submission to the governing body of a city of a petition signed by at least 10 percent of the registered voters of said city requesting a referendum on the question of whether or not an oil refinery should be located in said city, the governing body shall direct that such question appear on the ballot at the next regular municipal or biennial election. If said petition is submitted at any time prior to 2 months before the next regular municipal or biennial election, the governing body shall direct that a special election be called. The election procedure and the form of the question shall be as provided in paragraph II. If a majority of those voting on the question shall vote in the affirmative, then such approval shall be deemed granted and the governing body of the city shall be bound by the outcome. If a majority of those voting on the question shall vote in the negative, such approval shall be deemed not granted and no oil refinery may be located in such city unless approval is subsequently granted in accordance with this paragraph or paragraph II.
IV. Nothing in this section shall be construed as changing, modifying or affecting in any way the provisions of RSA 31 and RSA 36 relating to zoning regulations.

Source. 1974, 36:2, eff. April 5, 1974.

Woodstoves

Section 47:28

    47:28 Woodstoves. – The board of mayor and aldermen, or the corresponding governmental body of any city, is hereby empowered and authorized, in the passing and adopting of ordinances, to adopt the model code, promulgated by the state fire marshal pursuant to RSA 153:14, IV, relative to the installation and operation of solid fuel heating appliances and, further, to provide for the inspection of such appliances. A reasonable fee for such inspection may be charged to the owner of the property where such appliance is installed.

Source. 1979, 449:3, eff. Aug. 24, 1979.