Law

RSA 31 Powers and Duties of Towns

New Hampshire · 31 · statute

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Contents: 172 provisions
  1. 31:1 Public Corporations.
  2. 31:2 Parishes.
  3. 31:3 In General.
  4. 31:3-a Suits Involving State-Mandated Programs.
  5. 31:4 Appropriations.
  6. 31:4-a Deficit Reduction.
  7. 31:5 At Special Meetings.
  8. 31:5-a Appropriations of Disaster Funds.
  9. 31:5-b Legalization of Meetings.
  10. 31:6 For Holidays.
  11. 31:6-a Holiday Designations.
  12. 31:7 Contract with Hospital.
  13. 31:8 Town Officers' Associations.
  14. 31:8-a Authorization to Pay Dues.
  15. 31:9 Legislative Counsel.
  16. 31:9-a Sponsoring Certain Benefits.
  17. 31:9-b Time for Payment.
  18. 31:9-c Lockups.
  19. 31:9-d Climate Emergency Municipality Unification.
  20. 31:10 When Allowed.
  21. 31:11 Method.
  22. 31:12 Amount; Debt Limit.
  23. 31:13 Due Date; Refunding.
  24. 31:14 Recovered Funds.
  25. 31:15 to 31:17 Repealed by 1975, 254:2, eff. Aug. 5, 1975.
  26. 31:17-a Referendum.
  27. 31:18 Isolated Dwellings; Abandoned or Wasting Real Estate.
  28. 31:19 In General.
  29. 31:19-a Trust Funds Created by Towns.
  30. 31:19-b Deferred Compensation Plan Trusts.
  31. 31:19-c Authorization for Municipalities to Establish OPEB Trusts.
  32. 31:20 For Cemeteries.
  33. 31:21 Funds of Cemetery Associations, Etc.
  34. 31:22 Trustees.
  35. 31:22-a Cy Pres, Cemetery Trust Funds.
  36. 31:23 Single Trustee.
  37. 31:24 Trustees; Expenses.
  38. 31:25 Custody; Investment.
  39. 31:25-a Retention of Nonlegal Securities.
  40. 31:25-b Prudent Investment Defined.
  41. 31:25-c Report to the Attorney General.
  42. 31:25-d Application of Prudent Investor Rule.
  43. 31:26 Investments by Single Trustee.
  44. 31:27 Collective Investments.
  45. 31:28 Exception.
  46. 31:29 Contributions and Withdrawals.
  47. 31:30 Liberal Construction of Provisions.
  48. 31:31 Trust Funds for Districts.
  49. 31:32 Expenditures.
  50. 31:33 Audit and Publication of Reports of Trustees.
  51. 31:34 Records.
  52. 31:35 Compensation of Bookkeeper.
  53. 31:36 Deposits.
  54. 31:37 Payment by Towns.
  55. 31:38 Reports.
  56. 31:38-a Professional Banking and Brokerage Assistance.
  57. 31:39 Purpose and Penalties.
  58. 31:39-a Conflict of Interest Ordinances.
  59. 31:39-c Administrative Enforcement of Ordinances.
  60. 31:39-d Local Ordinance Citations; Pleas by Mail.
  61. 31:39-e Bylaws Affecting Forestry Activities.
  62. 31:40 Taxicabs.
  63. 31:41 Open-Air Motion Picture Theatres.
  64. 31:41-a Motor Vehicle Race Tracks.
  65. 31:41-b Hazardous Embankments.
  66. 31:41-c Electioneering.
  67. 31:41-d Pinball Machines and Coin Operated Amusements.
  68. 31:41-e Drug-Free Zones; Public Housing Authorities.
  69. 31:42 Regulation by Selectmen.
  70. 31:43 When in Force.
  71. 31:43-a Adoption of Curfew Law.
  72. 31:43-b City of Rochester.
  73. 31:43-c Minors under 16.
  74. 31:43-d Curfew Signal.
  75. 31:43-e Penalty, Custodian.
  76. 31:43-f Penalty, Minors.
  77. 31:43-g Second Offense.
  78. 31:44 to 31:50-a Repealed by 1979, 185:2, eff. Aug. 5, 1979.
  79. 31:51 Regulations.
  80. 31:52 Rights of Owners.
  81. 31:53 Repealed by 1994, 25:1, I, eff. June 21, 1994.
  82. 31:54 Repealed by 1994, 25:1, II, eff. June 21, 1994.
  83. 31:55 Repealed by 1994, 25:1, III, eff. June 21, 1994.
  84. 31:56 Use of Militia.
  85. 31:57 To Whom Payable; Maximum.
  86. 31:58 Adoption of Provisions.
  87. 31:59 Administration.
  88. 31:59-a Authority Granted.
  89. 31:59-b Purchasing Agent.
  90. 31:59-c Definitions.
  91. 31:59-d Application of Subdivision.
  92. 31:60 to 31:89 Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.
  93. 31:89-a to 31:89-l Repealed by 1983, 447:5, I, eff. Jan. 1, 1984.
  94. 31:90 Stock Voting.
  95. 31:91 Soliciting Funds.
  96. 31:92 Taking of Land.
  97. 31:92-a Water Pollution.
  98. 31:93 Town Seal.
  99. 31:94 Fiscal Year.
  100. 31:94-a Optional Fiscal Year.
  101. 31:94-b Adoption.
  102. 31:94-c Authorization to Use Accounting Period.
  103. 31:94-cc Proration of Property Tax Exemptions During Transition Period.
  104. 31:94-d Debt During Transition Period.
  105. 31:94-e Transition Period.
  106. 31:95 Budget.
  107. 31:95-a Tax Maps.
  108. 31:95-b Appropriation for Funds Made Available During Year.
  109. 31:95-c Special Revenue Funds.
  110. 31:95-d Procedure for Adoption; Rescission or Change of Purpose.
  111. 31:95-e Acceptance of Personal Property Donated to Towns and Village Districts.
  112. 31:95-f Geographic Information Systems.
  113. 31:95-g Option to Assign Appraisal Responsibility.
  114. 31:95-h Revolving Funds.
  115. 31:96 Interlocal Cooperation on Federal or Interstate Flood Control Projects.
  116. 31:97 State Guarantee.
  117. 31:98 Repealed by 1969, 125:2, eff. July 8, 1969.
  118. 31:98-a Contingency Fund.
  119. 31:99 License to Occupy Portion of Street.
  120. 31:100 Street Fairs.
  121. 31:101 Effect of License.
  122. 31:102 Obstructing Access to Highways.
  123. 31:102-a Hawkers, Peddlers and Vendors.
  124. 31:102-b Background Checks for Certain Vendors.
  125. 31:103 Repealed by 1983, 447:5, II, eff. Jan. 1, 1984.
  126. 31:103-a Contributions to County or State.
  127. 31:103-b Cybersecurity.
  128. 31:104 Liability of Municipal Executives.
  129. 31:105 Indemnification for Damages.
  130. 31:106 Indemnification; Civil Rights Suits.
  131. 31:107 Purchase of Insurance.
  132. 31:108 Attachment, Trustee Process Prohibited.
  133. 31:109 Local Option for Oil Refinery Siting in Towns.
  134. 31:110 Establishment.
  135. 31:111 Purpose.
  136. 31:112 Management.
  137. 31:113 Appropriations Authorized.
  138. 31:114 Repealed by 1995, 299:19, I, eff. Jan. 1, 1996.
  139. 31:115 Eligibility for Federal Funds.
  140. 31:116 Manufactured Housing Foundations.
  141. 31:117 Woodstoves.
  142. 31:118, 31:119 Repealed by 1983, 447:5, III, eff. Jan. 1, 1984.
  143. 31:120 Purpose.
  144. 31:121 Authority Granted.
  145. 31:122 Services Advisory Committee; Cost.
  146. 31:123 Method of Appropriation.
  147. 31:124 Assessments.
  148. 31:125 Limit on Liability.
  149. 31:126 Presumption of Procedural Validity.
  150. 31:127 Definitions.
  151. 31:128 Certified Copy of Legislation Prima Facie Evidence of Enactment.
  152. 31:129 Limitation.
  153. 31:130 Conformity with Enabling Statute.
  154. 31:131 Origin of Warrant Articles.
  155. 31:132 Records Storage.
  156. 31:133 Liability Limitation.
  157. 31:134 Statement of Purpose.
  158. 31:135 Definition.
  159. 31:136 Water and/or Sewer Utility Authorized; Intermunicipal Agreement.
  160. 31:137 Commissioners.
  161. 31:138 Election or Appointment.
  162. 31:139 Services Provided; Cost.
  163. 31:140 Method of Appropriation.
  164. 31:141 Assessments and Fees.
  165. 31:142 Limit on Liability.
  166. 31:143 Authority to Incur Capital Debt.
  167. 31:144 Assessment Funds.
  168. 31:145 District Utility Fund.
  169. 31:146 Abatement and Appeal of Assessments and Fees.
  170. 31:147 Liens and Collection of Assessments.
  171. 31:148 Reports.
  172. 31:149 Local Option.

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172 provisions

31:25-c Report to the Attorney General.

The trustees shall report annually to the attorney general any securities retained under the provisions of RSA 31:25-a, which shall appear as an addendum to the annual report required to be filed under RSA 31:38. Source. 1983, 118:1, eff. May 25, 1983.

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31:25-d Application of Prudent Investor Rule.

The trustees of trust funds may manage and invest such funds in accordance with the prudent investor rule under RSA 564-B:9-901-RSA 564-B:9-906 without regard to the investment limitations of RSA 31:25 and RSA 31:25-a, provided, however, the trustees of trust funds: I. Notify the attorney general in writing of their decision to invest according to the prudent investor rule; and II. Hire or employ the trust department of a bank or a brokerage firm to provide investment advice and assistance under RSA 31:38-a, III. Source. 2008, 264:1, eff. Aug. 25, 2008.

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31:26 Investments by Single Trustee.

In towns which have chosen a single trustee of trust funds such funds shall be invested only by deposit in any federally insured bank authorized to accept deposits under RSA 6:8, I and I-a, or in state, county, town, city, school district, water and sewer district bonds and the notes of towns or cities in this state and when so invested the trustee shall not be liable for the loss thereof; and in any common trust fund established by the New Hampshire Charitable Foundation in accordance with RSA 292:23; or in obligations fully guaranteed as to principal and interest by the United States government. The obligations may be held directly or in the form of securities of or other interests in any open-end or closed-end management-type investment company or investment trust registered under 15 U.S.C. section 80a-1 et seq., if the portfolio of the investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations. Deposits in a federally insured bank shall be made in the name of the town which holds the same as a trust, and it shall appear upon the books thereof as a trust fund. Any person who directly or indirectly receives any such trust funds for deposit or for investment in securities of any kind shall, prior to acceptance of such funds, make available at the time of such deposit or investment an option to have such funds secured by collateral having value at least equal to the amount of such funds. Such collateral shall be segregated for the exclusive benefit of the town depositing or investing such funds. Only securities defined by the bank commissioner as provided by rules adopted pursuant to RSA 383-B:3-301(e) shall be eligible to be pledged as collateral. The trustee may retain investments as received from donors until the maturity thereof. Source. 1945, 85:2. RSA 31:26. 1969, 447:2. 1992, 24:2, III, eff. April 3, 1992. 2001, 54:3, eff. Jan. 1, 2002. 2007, 347:2, eff. Sept. 14, 2007. 2015, 272:40, eff. Oct. 1, 2015. 2021, 65:9, eff. Aug. 3, 2021.

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31:27 Collective Investments.

Notwithstanding any statute or rule of law to the contrary, town and city trustees of trust funds may establish, maintain and operate one or more common trust funds, in which may be combined money and property belonging to the various trusts in their care, for the purpose of facilitating investments, providing diversification and obtaining reasonable income; provided however, that said common trust funds shall be limited to the investments authorized in RSA 31:25; provided further, that not more than $10,000, or more than 10 percent of the fund whichever is greater, of any town or city common trust funds shall be invested under RSA 31:25 in the obligations of any one corporation or organization, excepting deposits in any federally insured bank authorized to accept deposits under RSA 6:8, I and I-a, in credit unions in this state, or in obligations of the United States and of the state of New Hampshire and its subdivisions; or in participation units in the public deposit investment pool established pursuant to RSA 6:45, or in shares of open ended mutual funds selected by the trustees for investment under RSA 31:25, and provided further, that the participating contributory interests of said trusts are properly evidenced by appropriate bookkeeping entries showing on an annual basis the capital contribution of and the profits and income allocable to each trust. Source. 1951, 227:1, par. 31-a. RSA 31:27. 1959, 253:1. 1969, 447:3. 1992, 24:2, IV, eff. April 3, 1992. 1997, 181:3, eff. Aug. 16, 1997. 2001, 54:4, eff. Jan. 1, 2002. 2021, 65:10, eff. Aug. 3, 2021. 2023, 36:2, eff. July 16, 2023.

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31:28 Exception.

The provisions of RSA 31:27 shall not apply where the instrument creating the particular trust specifically prohibits collective investments or where such investment shall violate any specific court order made in any particular trust. Source. 1951, 227:1, par. 31-c, eff. Aug. 29, 1951.

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31:29 Contributions and Withdrawals.

Contribution to any common trust fund shall be made on the basis of its market value at the time such contribution is recorded in the books of the trustees. The withdrawal of a particular trust fund from any common trust fund shall be made proportionately on the basis of the market value of said common trust fund at the time such withdrawal is recorded in the books of the trustees. Source. 1951, 227:1, par. 31-b, eff. Aug. 29, 1951.

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31:30 Liberal Construction of Provisions.

The provisions of RSA 31:25, 31:27-29, and 31:28 shall be construed liberally to effectuate the purposes stated in RSA 31:27. Source. 1951, 227:1, par. 31-e, eff. Aug. 29, 1951.

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31:31 Trust Funds for Districts.

Except where otherwise specifically provided in the charter of a city or by special act of the legislature whenever a gift, legacy or devise shall be made in trust to a school district, village district or any subdivision of a town and accepted by it, the same shall be held in custody and administered by the trustees of trust funds of such town or in case of districts embracing 2 or more towns by the trustees of trust funds of that town which the voters of said district may elect. The governing body of any such district or subdivision shall expend such district or subdivision trust funds, or the income thereof to be expended, consistently with the terms of the trust. The provisions of RSA 31:32 shall not apply to expenditures of district or subdivision trust funds. Source. 1941, 43:2. RL 51:24.

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31:32 Expenditures.

Trust funds, or the income thereof, to be expended, shall be paid to trustees or agents of the town established to carry out the objects designated by such trusts, and, if there be no such trustees or agents, then such expenditures shall be made by the full board of town trustees. Source. 1915, 162:3. 1919, 96:1. PL 42:23. RL 51:25.

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31:33 Audit and Publication of Reports of Trustees.

I. The accounts of the trustees shall be audited annually by the auditor of the town, the securities shall be exhibited to the auditor, and he shall certify the facts found by his audit and the list of all securities held. The trustees shall submit to the auditor a detailed statement of the securities held by them and the particular trust to which they belong, and exhibit to him a statement of all receipts and expenditures with proper vouchers. II. The legislative body of a town may authorize the printing of the reports of the trustees and of the auditor in summary form rather than in full detail in the annual town report. III. In a year in which a town accepts gifts, legacies and devises for any trust created, the trustees and auditor shall print the names of the donors and the value of such gifts, legacies and devises at the time of donation in the annual town report. Source. 1915, 162:3. PL 42:24. RL 51:26. RSA 31:33. 1975, 78:1. 1977, 45:1, eff. June 11, 1977.

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31:34 Records.

The trustees shall keep a record of all trusts in a record book or maintained in electronic format, which shall be open to the inspection of all persons in their town. Source. 1915, 162:3. PL 42:25. RL 51:27. 2014, 32:1, eff. July 26, 2014.

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31:35 Compensation of Bookkeeper.

The bookkeeper of the trustees shall receive such compensation as the town meeting may determine. Source. 1915, 162:4. PL 42:26. RL 51:28. 1948, 70:2. 1953, 21:2. RSA 31:35. 1983, 264:3, eff. Aug. 17, 1983.

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31:36 Deposits.

Deposits in any federally insured bank authorized to accept deposits under RSA 6:8, I and I-a or any credit union shall be made in the name of the town which holds the same in trust, and it shall appear upon the book thereof that the same is a trust fund. Source. 1915, 162:7. PL 42:28. RL 51:30. 2001, 54:5, eff. Jan. 1, 2002. 2021, 65:11, eff. Aug. 3, 2021.

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31:37 Payment by Towns.

Each town shall pay over to the trustees the full amount of its trust funds. Source. 1915, 162:6. PL 42:29. RL 51:31.

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31:38 Reports.

A copy of the reports required of the town and city trustees and of the auditor thereof shall be filed annually with the attorney general, the department of revenue administration, and with the governing body of the town or city. Source. 1951, 227:1, par. 31-d, eff. Aug. 29, 1951. 2014, 32:2, eff. July 26, 2014.

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31:38-a Professional Banking and Brokerage Assistance.

I. The provisions of RSA 31:19 through 31:38 as amended shall remain in full force and effect. This section is intended only to provide help to trustees covered by this subdivision by enabling them to have professional banking and brokerage assistance in the performance of their duties as trustees. II. "Bank" as used in this section means a savings bank, national bank or trust company in this state, any building and loan association or cooperative bank, incorporated and doing business under the laws of this state or any federal savings and loan association located and doing business in this state. II-a. "Brokerage firm" in this section means a firm registered under the securities law effecting transactions in securities for the accounts of others. II-b. "Portfolio management department" in this section means the department of a brokerage firm responsible for investment management of client accounts. II-c. "Investment advisor" in this section means a qualified investment advisory firm registered with the appropriate regulatory authorities. Such firm may or may not be associated with a brokerage firm as defined in paragraph II-a. III. Any trustee or trustees of trust funds authorized by this chapter may hire or employ the trust department or departments of a bank or banks or a brokerage firm to assist in the management and investment of trust fund resources or to provide bookkeeping services in connection therewith or to do both. They may also place securities in the nominee name of a trust department or departments or a brokerage firm to facilitate transfers for such securities. Trust fund records maintained by any bank or brokerage firm must be available at all times for examination by local auditors, by independent accountants or auditors retained by a municipality, or by the auditors of the department of revenue administration; and such records shall be municipal records and property. In employing such trust departments, portfolio management departments, or investment advisors, the trustees may enter into contracts or agreements delegating the management of such trust funds to those departments subject to investment guidelines adopted by the trustees under applicable statutes and subject to at least quarterly review and approval of such management by the trustees. IV. Any expenses incurred pursuant to paragraph III of this section by a trustee or trustees of trust funds authorized by this chapter shall be charges against the trust funds involved and shall be identified and reported in the annual report of the trustee or trustees as expenditures out of trust funds made pursuant to RSA 31:38-a, III. Source. 1977, 214:1. 1983, 107:1, eff. July 23, 1983; 264:4, eff. Aug. 17, 1983. 1996, 209:5-7, eff. Aug. 9, 1996.

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31:39 Purpose and Penalties.

I. Towns may make bylaws for: (a) The care, protection, preservation and use of the public cemeteries, parks, commons, libraries and other public institutions of the town; (b) The prevention of the going at large of horses and other domestic animals in any public place in the town; (c) The observance of Memorial Day, whereby interference with and disturbance of the exercises for such observance, by processions, sports, games or other holiday exercises, may be prohibited; (d) Regulation of the use of mufflers upon boats and vessels propelled by gasoline, oil or naphtha and operating upon the waters within the town limits; (e) The kindling, guarding and safekeeping of fires, and for removing all combustible materials from any building or place, as the safety of property in the town may require; (f) The collection, removal and destruction of garbage, snow and other waste materials; (g) Regulating the operation of vehicles, except railroads as common carriers, upon their streets; (h) Regulating the conduct of public dances; (i) Regulating the conduct of roller skating rinks; (j) Regulating the sanitary conditions of restaurants within town limits in accordance with the provisions of RSA 147:1; (k) Issuing a license for the operation of a restaurant and other food serving establishments within the town limits and charging a reasonable fee for same; (l) Making and ordering their prudential affairs; (m) Issuing permits for tattooing facilities and charging a fee for the permit; and (n) Regulating noise, except that no 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 town. This exception shall not apply to agritourism as defined in RSA 21:34-a, II(b)(5). (o) 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. (p) Regulating the retail display and accessibility of martial arts weapons including throwing stars, throwing darts, nunchaku, blow guns, or any other objects designed for use in the martial arts that are capable of being used as lethal or dangerous weapons. II. Towns may appoint all such officers as may be necessary to carry the bylaws into effect. III. Towns may enforce the observance of the bylaws by suitable penalties not exceeding $1,000 for each offense to enure to such uses as the town may direct. Source. RS 31:6, 7. 1845, 242:1. CS 32:6, 7, 8. GS 34:5, 6, 7; 45:5. GL 37:5, 6, 7; 49:6. PS 40:7, 8. 1901, 5:1. 1909, 94:1. 1919, 86:3. 1925, 140:1. PL 42:30. 1937, 84:1. RL 51:32. 1949, 133:4. RSA 31:39. 1969, 68:1. 1971, 93:1; 512:8. 1981, 211:1. 1983, 166:1. 1985, 71:1. 1993, 306:1, eff. Aug. 22, 1993. 2007, 43:1, eff. July 20, 2007. 2010, 263:1, eff. July 6, 2010. 2023, 83:1, eff. Aug. 19, 2023. 2025, 61:1, eff. Aug. 1, 2025.

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31:39-a Conflict of Interest Ordinances.

The legislative body of a town or city may adopt an ordinance defining and regulating conflicts of interest for local officers and employees, whether elected or appointed. Any such ordinance may include provisions requiring disclosure of financial interests for specified officers and employees, establishing incompatibility of office requirements stricter than those specified by state law or establishing conditions under which prohibited conflicts of interest shall require removal from office. Any such ordinance shall include provisions to exempt affected officers and employees who are in office or employed at the time the ordinance is adopted for a period not to exceed one year from the date of adoption. The superior court shall have jurisdiction over any removal proceedings instituted under an ordinance adopted under this section. Source. 1981, 221:1, eff. Aug. 10, 1981.

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31:39-c Administrative Enforcement of Ordinances.

[There is no RSA 31:39-b.] Notwithstanding any other provision of law, a town may use the following provisions in the enforcement of its ordinances and regulations: I. Any town may establish, by ordinance adopted by the legislative body, a system for the administrative enforcement of violations of any municipal code, ordinance, bylaw, or regulation and for the collection of penalties, to be used prior to the service of a formal summons and complaint. Such a system may be administered by a police department or other municipal agency. The system may include opportunities for persons who do not wish to contest violations to pay such penalties by mail. The system may also provide for a schedule of enhanced penalties the longer such penalties remain unpaid; provided, however, that the penalty for any separate offense shall in no case exceed the maximum penalty for a violation as set forth in RSA 31:39, III. II. A written notice of violation containing a description of the offense and any applicable schedule of penalties, delivered in person or by first-class mail to the last-known address of the offender, shall be deemed adequate service of process for purposes of any administrative enforcement system established under paragraph I. III. If the administrative enforcement system established under paragraph I is unsuccessful at resolving alleged violations, or in the case of a town that has not established such a system, a summons may be issued as otherwise provided by law, including use of the procedure for plea by mail set forth in RSA 31:39-d. Source. 2009, 270:1, eff. Jan. 1, 2010.

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31:39-d Local Ordinance Citations; Pleas by Mail.

In addition to any other enforcement procedure authorized by law, and regardless of whether a town has adopted an administrative enforcement procedure under RSA 31:39-c, a local official with authority to prosecute an offense under any municipal code, ordinance, bylaw, or regulation, if such offense is classified as a violation under applicable law, may issue and serve upon the defendant, in addition to a summons to appear in the district court, a local ordinance citation as set forth in this section. The defendant receiving such a citation may plead guilty or nolo contendere by mail by entering that plea as provided herein. If such a plea is accepted by the district court and the prescribed fine is paid with the plea by mail, the defendant shall not be required to appear personally or by counsel; otherwise the defendant shall appear as directed by the court. The following procedure shall be used: I. Notwithstanding any other provision of law, a complaint and summons may be served upon the defendant by postpaid certified mail, return receipt requested. Return receipt showing that the defendant has received the complaint and summons shall constitute an essential part of the service. If service cannot be effected by certified mail, then the court may direct that service on the defendant be completed as in other violation complaints. II. The local ordinance citation shall contain: (a) The caption: "Local Ordinance Citation, Town (City) of __________ ". (b) The name of the offender, and address if known to the prosecuting official. (c) The code, ordinance, bylaw, or regulation the offender is charged with violating. (d) The act or circumstances constituting the violation. (e) The place of the violation. (f) The date, if any, upon which the offender received written notice of the violation by the municipality. (g) The time and date, if any, upon which any further violation or continuing violation was witnessed subsequent to such written notice. (h) The amount of the penalty that is payable by the offender. If the offense is a continuing one for which a penalty is assessed for each day the offense continues, the amount of the penalty shall be based on the number of days the violation has continued since the time notice was given to the offender, up to a maximum of 10 days' violation charged in one citation. (i) Instructions informing the defendant that the defendant may answer the citation by mail or may personally appear in court upon the date on the summons, and instructing the defendant how to enter a plea by mail, together with either the amount of the penalty specified in the citation, or a request for a trial. (j) The address of the clerk of the district court where the plea by mail may be entered. (k) A warning to the defendant that failure to respond to the citation on or before the date on the summons may result in the defendant's arrest as provided in paragraph V. (l) The signature of the prosecuting official. III. Defendants who are issued a summons and local ordinance citation and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the civil penalty, as set forth in the citation, to the clerk of the court prior to the arraignment date, or shall appear in court on the date of arraignment. IV. Civil penalties collected by the district court under this section shall be remitted to the municipality issuing the citation. Whenever a defendant (a) does not enter a plea by mail prior to the arraignment day and does not appear personally or by counsel on or before that date or move for a continuance; or (b) otherwise fails to appear for a scheduled court appearance in connection with a summons for any offense, the defendant shall be defaulted and the court shall determine what the civil penalty would be upon a plea of guilty or nolo contendere and shall impose an administrative processing fee in addition to the civil penalty. Such fee shall be the same as the administrative processing fee under RSA 502-A:19-b, and shall be retained by the court for the benefit of the state. V. The court may, in its discretion, issue a bench warrant for the arrest of any defendant who: (a) Is defaulted in accordance with the provisions of paragraph IV of this section; (b) Fails to pay a fine or other penalty imposed in connection with a conviction for a violation of a local code, ordinance, bylaw, or regulation which a court has determined the defendant is able to pay, or issues a bad check in payment of a fine or other penalty; or (c) Fails to comply with a similar order on any matter within the court's discretion. VI. For cause, the court in its discretion may refuse to accept a plea by mail and may impose a fine or penalty other than that stated in the local ordinance citation. The court may order the defendant to appear personally in court for the disposition of the defendant's case. VII. The prosecuting official may serve additional local ordinance citations, without giving additional written notice or appeal opportunity under paragraph I, if the facts or circumstances constituting the violation continue beyond the date or dates of any prior citation. A plea of guilty or nolo contendere to the prior citation shall not affect the rights of the defendant with respect to a subsequent citation. VIII. Forms and rules for the local ordinance citation and summons shall be developed and adopted by the New Hampshire supreme court. IX. This section is not intended in any way to abrogate other enforcement actions or remedies in the district or superior court, nor to require written notice as a prerequisite to other types of actions or remedies for violations of local codes, ordinances, bylaws, or regulations. IX-a. For any offense that is subject to enforcement under RSA 676:17, a person who fails to respond to a citation under this section within the time stated in the citation shall be subject to the subsequent offense penalties of RSA 676:17. X. This section shall not apply to violations of the New Hampshire building code as defined in RSA 155-A:1, IV, or to motor vehicle offenses under title XXI or any local law enacted thereunder. Source. 2009, 270:1, eff. Jan. 1, 2010. 2014, 77:1, 2, eff. Jan. 1, 2015.

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31:39-e Bylaws 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, 179:2, eff. June 8, 2018.

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31:40 Taxicabs.

Towns within which any taxicab shall be operated shall have the power to make bylaws relating to the licensing of such vehicles therein, fixing reasonable license fees therefor, and requiring proof of reasonable insurance or bond for the protection of passengers riding therein, and failure to conform to such bylaws shall constitute a violation and any fines collected hereunder shall inure to such uses as said towns may direct. The word "taxicabs" as used in this section shall mean any rubber-tired motor vehicle, having a manufacturers rated capacity of not more than 7 passengers, used in the call and demand transportation of passengers for compensation to or from points chosen or designated by the passengers and not operated on a fixed schedule, between fixed termini, or any such vehicle leased or rented, or held for leasing or renting, with or without driver or operator. Source. 1943, 146:1. RSA 31:40. 1973, 531:4, eff. Oct. 31, 1973 at 11:59 p.m.

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31:41 Open-Air Motion Picture Theatres.

Towns shall have the power to make bylaws relating to the regulation and licensing of open-air motion picture theatres within the limits of the town, and may fix reasonable fees for the operation of said theatres, and failure to conform to such bylaws shall constitute a violation and any fines collected hereunder shall inure to such uses as said towns may direct. Source. 1949, 252:1, par. 32-b. RSA 31:41. 1973, 531:5, eff. Oct. 31, 1973 at 11:59 p.m.

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31:41-a Motor Vehicle Race Tracks.

Towns shall have the power to make bylaws relating to the regulation and licensing of motor vehicle race tracks within the limits of the town, and may fix fees not to exceed $100 annually for the operation of such race tracks, and failure to observe such bylaws shall constitute a violation and any fines collected hereunder shall inure to such uses as said towns may direct. For the purposes of this section, a motor vehicle shall be defined as any self-propelled vehicle, except tractors, activated by an internal combustion engine and not operated exclusively on stationary tracks. Source. 1967, 149:1. 1973, 531:6, eff. Oct. 31, 1973 at 11:59 p.m.

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31:41-b Hazardous Embankments.

Towns shall have the power to make bylaws regulating hazardous embankments, including the removal, stabilization, or fencing thereof, for the protection of the health and safety of the public. Whoever violates any such bylaw shall be guilty of a violation for each offense and the penalty therefor shall inure to such uses as the town may direct. Regulation of "excavation" as defined in RSA 155-E:1, II shall be in accordance with RSA 155-E, but any hazardous embankment resulting from excavation, whether undertaken prior to, on, or after August 4, 1989, may be subject to bylaws made under the authority of this section. Source. 1971, 212:1. 1973, 531:7. 1989, 363:16. 1991, 310:2, eff. Aug. 23, 1991.

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31:41-c Electioneering.

Towns shall have the power to make bylaws regulating 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 town. 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. Failure to conform to bylaws adopted under this section shall constitute a violation. A copy of the bylaws adopted under this section shall be provided to the town clerk immediately following adoption so that they may be made available to candidates filing for office, and shall be posted at each polling place at least 72 hours in advance of any town election. Source. 1981, 298:1. 1989, 272:1, eff. July 25, 1989. 1997, 243:1, eff. Aug. 18, 1997.

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31:41-d Pinball Machines and Coin Operated Amusements.

Towns may adopt bylaws regulating and licensing the location and operation of coin operated amusement devices, including pinball machines. Bylaws may include, without limitation because of enumeration, provisions governing: hours of operation; use by persons under a specified age; numbers of devices allowed; reasonable license fees; and parking and building requirements. Any person who violates such a bylaw shall be guilty of a violation. Source. 1981, 517:1, eff. Aug. 28, 1981.

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31:41-e Drug-Free Zones; Public Housing Authorities.

A town may adopt bylaws establishing as a drug-free zone any area inclusive of public housing authority property and within 1,000 feet of such public housing authority property. Any person violating such bylaw shall be guilty of a violation, in addition to any penalties imposed under RSA 318-B. If such drug-free zones are established, the town 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 town shall also develop signs or markings for the drug-free zone which shall: I. Be posted in one or more prominent places in or near the public housing authority property; and II. Indicate that the posted area is a drug-free zone which extends to 1,000 feet surrounding such property; and III. 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 section. Source. 1991, 364:6, eff. Jan. 1, 1992.

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31:42 Regulation by Selectmen.

Prior to adoption of bylaws by a town under RSA 31:41, 41-a or 41-d, the selectmen may regulate the operation of open-air motion picture theatres, motor vehicle race tracks or coin operated amusement devices within the limits of the town and fix reasonable fees for such operation. Such regulations made by the selectmen shall be effective only until the next annual town meeting. Nothing herein contained shall be deemed to prohibit the town from adopting bylaws in accordance with RSA 31:41, 41-a, or 41-d, at any special town meeting, which shall supersede any regulations made by the selectmen. Source. 1949, 252:1, par. 32-c. RSA 31:42. 1967, 149:2. 1981, 517:2, eff. Aug. 28, 1981.

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31:43 When in Force.

Bylaws adopted by any town without limitation shall continue in force until altered or annulled by vote of the town or bylaw. Source. RS 31:8. CS 32:9. GS 34:8. GL 37:8. PS 40:12. PL 42:31. RL 51:33.

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31:43-a Adoption of Curfew Law.

Any city by vote of its city council, and any town at any meeting, may adopt the provisions of this subdivision. Source. 1913, 172:1. PL 379:8. RL 441:8. RSA 571:8. 1973, 532:7, eff. Nov. 1, 1973.

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31:43-b City of Rochester.

The city of Rochester may, in like manner as this subdivision was adopted, rescind such adoption, or suspend the operation of the provisions of this subdivision in said city during such period of the year as it may designate. Source. 1963, 182:1. RSA 571:8-a. 1973, 532:7, eff. Nov. 1, 1973.

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31:43-c Minors under 16.

In all such cities and towns it shall be unlawful for any minor under the age of 16 years to be upon any public street, or in any public place, after the hour of 9 o'clock in the evening, unless accompanied by a parent, guardian, or other suitable person. Source. 1913, 172:1. PL 379:9. RL 441:9. RSA 571:9. 1973, 532:7, eff. Nov. 1, 1973.

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31:43-d Curfew Signal.

Whistles which can be heard in every part of the city, town, or village shall be blown, or bells shall be rung at the appointed time, and shall be called the curfew signal, after which all children under 16 years of age shall be required to be off the street, except they are in company of a parent, guardian, or other suitable adult person. Source. 1913, 172:3. PL 379:10. RL 441:10. RSA 571:10. 1973, 532:7, eff. Nov. 1, 1973.

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31:43-e Penalty, Custodian.

Any parent, guardian, or person having the control of any minor under the age of 16 years who shall permit any such minor to be upon any public street or in any public place in any such city or town, in violation of this subdivision, shall be guilty of a misdemeanor. Source. 1913, 172:2. PL 379:11. RL 441:11. RSA 571:11. 1973, 532:7, eff. Nov. 1, 1973.

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31:43-f Penalty, Minors.

For the first violation of this subdivision by any child it shall be taken to its home by the officers, and the parents or guardian shall be notified of the penalty for any subsequent violation. Source. 1913, 172:4. PL 379:12. RL 441:12. RSA 571:12. 1973, 532:7, eff. Nov. 1, 1973.

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31:43-g Second Offense.

Upon any subsequent violation by any child said parents or guardians shall be guilty of a misdemeanor. Source. 1913, 172:4. PL 379:13. RL 441:13. RSA 571:13. 1973, 532:7, eff. Nov. 1, 1973.

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31:44 to 31:50-a Repealed by 1979, 185:2, eff. Aug. 5, 1979.

to 31:50-a Repealed by 1979, 185:2, eff. Aug. 5, 1979.

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31:51 Regulations.

Towns may make regulations from time to time for the planting, protection and preservation of the shade and ornamental trees situated upon any lands within the limits of the town appropriated to public uses. Source. 1861, 2502:1. GS 34:9. 1868, 1:6. GL 37:9. 1889, 82:1. PS 40:9. PL 42:39. RL 51:41.

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31:52 Rights of Owners.

Nothing in this subdivision shall be construed to deprive the owner of real estate of the right to plant, rear and protect any tree between the carriage path and sidewalk in any public street or highway on which his estate is situate, if it does not interfere with the public travel. Source. 1861, 2502:3. GS 34:11. GL 37:11. PS 40:11. PL 42:40. RL 51:42.

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RSA 31 Powers and Duties of Towns