Municipal Code Search

Chapter 118: Solid Waste

  • Section  9  -  Commercial / Multi-Unit  Recycling  Program

                         A.  Commercial and multi-unit buildings shall have a recycling program provided and paid for by the Town.

                         B.  Each building shall be provided with 2  30-gallon containers, one each for each category of recyclables as outlined in

                             Attachment A. Additional containers shall be available from the Town at a separate fee to be charged directly to the building owner.

                         C.  Containers shall be dumped once a week on a schedule provided by the Town.

                         D.  Each building is responsible for placement of the containers on their property as directed by the Town.

     

  • Section  10 – “Swap Shop”

    The Town maintains a swap shop at the SWMF. Certain items may be left in the swap shop area for possible reuse. Holders of a valid SWMF Entrance Permit are welcome to use this area to leave off or collect items. Rules for the orderly operation of the swap shop may be developed and implemented as needed with approval by the Town Administrator. (The last sentence in this section was aadded on 9/10/07 through advice and consent of DTC).

Chapter 124: Street Vending, Peddling and Soliciting

  • 124-1.        Purpose and Intent.

    The purpose of this chapter, pursuant to RSA 31:102-a and Section 3.8 of the Durham Town Charter, is to limit and properly regulate the practice of street vending, peddling and soliciting for the following reasons:

    A.  To protect and promote the public health, safety and welfare of its citizens.

    B.  The Durham Town Council finds that the primary purpose of the public streets, sidewalks, and rights-of-way are for general vehicular, pedestrian and bicycle use; and

    C.  The Durham Town Council finds that certain commercial activities on these public places can create and cause a safety hazard and interfere with the public use of streets, sidewalks and rights-of-way.

    124-2.      Definition of Activity.

    This chapter shall control any buying or offer to purchase any items, selling or display or offering for sale of food, beverages, merchandise or services of any kind, whether by a person or from a stand or motor vehicle or otherwise within the areas affected.  These activities may be known or referred to as street vending, peddling, soliciting, hawking or itinerant vending.

    (Section 124.2 amended by Ord. #2012-10 dtd 9/24/12)

    124-3.      General Prohibition.

    Street vending, peddling, soliciting, hawking and itinerant vending, as defined in RSA 320:1, RSA 321:1 and RSA 31:102a, is prohibited on the public ways and properties in the Town of Durham except as permitted by the Town pursuant to this chapter and only in compliance with the terms of this chapter.

    124-4.      Prohibited Vendor Conduct

    A vendor is a peddler who for the purpose of this ordinance on public property buys or offers to purchase, sells or offers to sell food, beverage or merchandise from a stand, motor vehicle or his person.  A vendor shall not:

    A.        Engage in vending which impedes pedestrian or vehicular traffic.

    B.        Engage in vending which is not itinerant in nature and at no time park permanently or temporarily in any designated "No Parking" zone.

    C.        Engage in vending which violates the standards and regulations of this chapter and the provision of State statutes regulating hawkers, peddlers, and itinerant vendors.

    D.        Engage in vending on Main Street, Madbury Road, Pettee Brook Lane, Jenkins Court, or Garrison Avenue. 

    E.         Create or cause to be created any human or mechanical noise in connection with voices which creates a nuisance to the surrounding area.

    F.         Engage in street vending at any time except during Daylight Saving Time between 9:00 A.M. - 8:00 P.M, and during Standard Time between 9:00 A.M. - 4:00 P.M.

    (Section 124.4 amended by Ord. #2017-03 dtd 4/17/17)

    124-5.      Special Provisions for Downtown Sidewalk Sales.

    A.  The owner of a retail store may display merchandise normally located within the store on a sidewalk immediately abutting the store thirty (30) days in each calendar year.  An annual outdoor display permit shall be issued for this purpose by the Code Enforcement Department based on the standards set forth in Section 7 of this chapter, excluding Sections 124-7(B, C & D), unless prior violations have been documented at this property address.

    B.  In no case shall any displays leave less than six (6) feet in width of the sidewalk unobstructed.  (Section 124-5 amended by Ord. #2007-07 dtd 6/4/07)

    124-6.      Exemptions.

    A.  Any public event sponsored by a non-profit organization (such as a "Festival on the Green") provided that any concessions or sales must be directly related to the event and must be included in the public assemblage permit approved for the event.

    B.  Any event which takes place in Town recreation areas and is a part of a Town-sponsored event or has the express written permission of the Town Administrator.

    C.  Any event which takes place on land owned or controlled by the public school system and has the express written permission of the principal of the school in question.

    D.  Any auction or other activity which takes place in or at the Municipal Building and has the express written permission of the Town Administrator.

    124-7.      Permit Procedure.

    A.  A person either on his own behalf or on behalf of a group of persons, wishing to conduct any type of street vending shall file with the Town Administrator an application containing:

    1.  The name, address, and phone number of the applicant;

    2.  The nature and type of activity;

    3.  The name and/or names of the businesses covered under the permit;

    4.  If vehicular in nature, the name of any individual who drives, and a copy of their license;

    5.  Copies of applicable NH State licenses; and

    6.  Any additional information of a reasonable nature that the Town Administrator feels is necessary to ensure the public's safety. 

    B.  Each permit shall be reviewed by the Chief of Police, Director of Public Works, Director of Planning and Zoning, and the Fire Chief.

    C.  The owner of any street vending operation must have and be able to demonstrate appropriate liability insurance, and have all applicable New Hampshire State permits.

    D.  The permit fee for street vending will be an initial application charge of $50 and $100 per week. (Section 124-7(D) amended by Ord. #2008-19 dtd 12/01/08)

    124-8.      Official Action on the Permit.

    A.  The Town Administrator or his/her designee shall determine whether the applicant has:

               1.  Submitted a complete and accurate application;

               2.  Met the provisions and purposes of the chapter; and

               3.  Provided adequate arrangements to ensure the safety of the public persons covered under the permit, and the prevention from damage                 of public and private property has been provided for.

    B.  Upon consideration of all items in Section 6, the Town Administrator has the authority to approve or disapprove the application.  This decision shall be based on a finding by the Town Administrator that the applicant has met the standards stated in Section 7A above.  In either case, a decision must be made no later than five (5) working days after receipt of the application.  If the application is disapproved and the permit is denied, the Administrator shall provide written reasons to the applicant at the  time of notification of disapproval of application and denial of permit.  Permit applications may be obtained during normal business hours from the Town Administrator's Office.

    C.  The Town Administrator may amend or revoke a permit if it appears that the arrangements contained in the permit will no longer prevent injury to person or property due to a change in circumstances under which the permit for possession was granted.

    124-9.      Appeal Process.

    A person may appeal to the Town Council the denial of a permit by filing a written notice within five (5) working days of denial of the permit.  The Town Council shall forthwith consider the appeal at a hearing at which the applicant is present.  The Town Council may affirm or reverse the Town Administrator's decision, or attach such additional conditions to the permit as will, in their best judgment, protect the public safety and persons covered under the permit, and the prevention from damage of public and private property.

    124-10.      Enforcement.

    A.  A person who violates any provision of this chapter shall be fined not more than $1,000.

    B.  Upon the neglect or failure of a person responsible for a sidewalk display or vending cart to promptly comply with an order to remove the same, a police officer may remove it or cause it to be removed and the Town may recover the expense of such removal from the person responsible.

Chapter 128: Streets and Sidewalks

  • 128-1.      Authorization to restrict use.

    The Town Council is authorized to restrict the use of Class VI roads, by posting or other legal procedure, where such action is deemed by it to be necessary or desirable for safety and economy, in such a way as to preserve the rights of abutting property owners and to maintain the opportunity of reopening the roads in the future if required for access routes, with the understanding that this does not constitute discontinuance of such roads under the provisions of RSA 231:48 et seq.

Chapter 132: Tax Exemptions and Credits

  • [HISTORY: Adopted by the Town Council of the Town of Durham on July 8, 2002 as Ord. No. 2002-04 rescinding Chapter 96 “Permanently Disabled Exemptions” adopted on 3/3/97 and Chapter 52 “Elderly Exemptions” adopted on 3/3/97 and creating a new Chapter 132 to be entitled “Tax Exemptions and Credits”]. (Adopted as a new Chapter by Ord. #2002-04 dated 7/8/02)

    General Provisions

    132-1.     Blind Exemption

    Every inhabitant who is legally blind as determined by the Blind Services Program, Bureau of Vocational Rehabil­itation, Department of Education shall be exempt each year on the assessed value, for property tax purposes, of his or her residential real estate to the value of $37,000.00.
    (Section 132.1 amended by Ord. #2023-07 dated 9/7/23)

    132-2.     Disabled Exemption 

             A.   Any person who is eligible under Title II or Title XVI of the Federal Social Security Act for benefits to the disabled shall receive a yearly exemption in the amount of $175,000.00.

             B.     The exemption in paragraph A may be applied only to property which is occupied as the principal place of abode by the disabled person. The exemption may be applied to any land or buildings appurtenant to the residence or to manufactured housing if that is the principal place of abode.

             C.     To qualify for this exemption, the person must have been a New Hampshire resident for at least 5 years and own and occupy the real estate individually or jointly, or if the real estate is owned by a spouse, they must have been married for at least 5 years.  In addition, the taxpayer must have a net income of not more than $47,000.00 or, if married, a combined net income of not more than $65,000.00; and own net assets not in excess of $200,000.00, excluding the value of the person’s residence.  
    (Section 132.2 amended by Ord. #2023-07 dated 9/7/23)

    132-3.     Elderly Exemption

       A.     Any person who is eligible under this section shall receive a yearly exemption as follows:  For a person 65 years of age up to 75 years, the exemption shall be $175,000.00 for a person 75 years of age up to 80 years, the exemption shall be $225,000.00; for a person 80 years of age or older, the exemption shall be $275,000.00

       B.     No exemption shall be allowed unless the person applying therefore:

    (1)  Has resided in New Hampshire for at least 3 years preceding April 1 in the year in which the exemption is claimed.

    (2)  Has a net income of not more than $47,000.00 or, if married, a combined net income of less than $65,000.00.  The net income shall be determined by deducting from all moneys received, from any source including social security or pension payments, the amount of any of the following or the sum thereof:

    (a)        Life insurance paid on the death of an insured;

    (b)        Expenses and costs incurred in the course of conducting a business enterprise;

    (c)        Proceeds from the sale of assets.

    (3)        Owns net assets not in excess of $200,000.00, excluding the value of the person’s actual residence and the land upon which it is located up to the greater of 2 acres or the minimum single family residential lot size specified in Chapter 175 of this Code. “Net assets” means the value of all assets, tangible and intangible, minus the value of any good faith encumbrances. “Resi­dence” means the housing unit, and related structures such as an unat­tached garage or woodshed, which is the person’s principal home, and which the person in good faith regards as home to the exclusion of any other places where the person may temporarily live. “Residence” shall exclude attached dwelling units and unattached structures used or intended for commercial or other nonresidential purposes.

        C.     Additional requirements for an exemption shall be that the property is:

    (1)        Owned by the resident; or

    (2)        Owned by a resident jointly or in common with the resident’s spouse, either of whom meets the age requirement for the exemption claimed; or

    (3)        Owned by a resident jointly or in common with a person not the resident’s spouse, if the resident meets the applicable age requirement for the exemption claimed; or

    (4)        Owned by a resident, or the resident’s spouse, either of whom meets the age requirement for the exemption claimed, and when they have been married to each other for at least 5 years.
    (Section 132-3 amended by Ord. #2003-04 dated 10/8/03, Ord. #2007-09 dated 10/15/07, and Ord. #2009-08 dated 9/14/09 Ord. #2017-02 dated 4/3/17, and Ord. #2023-07 dated 9/7/2023)

    132-4.     Service-Connected Total Disability Tax Credit

    A.     Any person who has been honorably discharged or an officer honorably separated from the military service of the United States and who has total and permanent service-connected disability, or who is a double amputee or paraplegic because of service-connected injury, or the surviving spouse of such a person, shall receive a yearly tax credit in the amount of $700 of property taxes on the person’s residential property.

    B.     The optional tax credit for service-connected total disability is hereby adopted and shall be 2,500.00 in Durham. The optional tax credit for service-connected total disability shall replace the standard tax credit in its entirety and shall not be in addition thereto.

    C.     The optional tax credit for service-connected disability shall be subtracted each year from the property tax on the person’s residential property.

    D.     The optional tax credit in this section may be applied only to property which is occupied as the principal place of abode by the disabled person or the surviving spouse. The tax credit may be applied to any land or buildings appurtenant to the residence or to manufactured housing if that is the Principal place of abode.

    E.      Applications for this credit shall be made in the following manner.                                                                

                      (1)       Any person applying for the optional tax credit under this section shall furnish to the assessors, certification from the United States Department of Veterans’ Affairs that the applicant is rated totally and permanently disabled from service connection. The assessors shall accept such certification as conclusive on the question of disability unless they have specific contrary evidence and the applicant, or the applicant’s representative, has had a reasonable opportunity to review and rebut that evidence. The applicant shall also be afforded a reasonable opportunity to submit additional evidence on the question of disability.                                            

                      (2)        Any decision to deny an application shall identify the evidence upon which the decision relied and shall be made within the time period provided by law.

                      (3)        Any tax credit shall be divided evenly among the number of tax payments equired annually by the town or city so that a portion of the tax credit shall apply to each tax payment to be made.
    (Section 132-4 amended by Ord. #2008-03 dated 3/3/08 and Ord. #2021-03 dated 8/16/21))

    132-5.     Veterans’ Tax Credit             

    A.     The optional veterans’ tax credit, upon adoption by a city or town pursuant to RSA 72:27-a, shall be an amount from $51 up to $500. The optional veterans’ tax credit shall replace the standard veterans’ tax credit in its entirety and shall not be in addition, thereto.

    B.      The optional veterans’ tax credit shall be $500 effective 4/1/2023 subtracted each year from the property tax on the veteran’s residential property. However, the surviving spouse of a resident who suffered a service-connected death may have the amount subtracted from the property tax on any real property in the same municipality where the surviving spouse is a resident

    C.     The following persons shall qualify for the optional veterans’ tax credit:

             (1)  Every resident of this state who served not less than 90 days in the armed forces of the United States in any qualifying war or armed conflict listed in this section and was honorably discharged or an officer honorably separated from service; or the spouse or surviving spouse of such resident;

             (2)  Every resident of this state who was terminated from the armed forces because of service-connected disability;                   or the surviving spouse of such resident; and

             (3)  The surviving spouse of any resident who suffered a service-connected death.

    D.      Service in a qualifying war or armed conflict shall be as follows:

                (1)  “World War II” between December 7, 1941 and December 31, 1946;

                (2)  “Korean Conflict” between June 25, 1950 and January 31, 1955;

                (3)  “Vietnam Conflict” between December 22, 1961 and May 7,1975;             

                (4)  “Vietnam Conflict” between July 1,1958 and December 22, 1961, if the resident earned the Vietnam service                         medal or the armed forces expeditionary medal;

                (5)  “Persian Gulf War” between August 2, 1990 and the date thereafter prescribed by Presidential proclamation or                     by law; and

                (6)  Any other war or armed conflict that has occurred since May 8, 1975, and in which the resident earned an                          armed forces expeditionary medal or theater of operations service medal.
                  (Section 132-5 amended by Ord. #2008-03 dated 3/3/08 and Ord. #2023-02 dated 2/20/23)

    132-6.     Surviving Spouse  

    The surviving spouse of any person who was killed or died while on active duty in the armed forces of the United States or any of the armed forces of any of the governments associated with the United States in the Wars, conflicts or armed conflicts, or combat zones, shall receive a tax credit in the amount of $2,000 effective 4/1/08 for the taxes due upon the surviving spouse’s real and personal property, whether residential or not, in the same municipality where the surviving spouse is a resident.
    (Section 132-6 amended by Ord. #2008-03 dated 3/3/08)

             Effective Dates      

    Section 132-5 and Section 132-6 of this Chapter will become effective April 1, 2003. All remaining sections will become effective retroactively to April 1, 2002.

    132-7    Solar Energy Heating System

    A.     “Solar energy system” means a system which, as defined by RSA 72:61: 

                            (1)        utilizes solar energy to heat or cool the interior of a building or to heat water for use in a                                               building and which includes one or more collectors and a storage container; or

                            (2)        provides electricity for a building by the use of photovoltaic panels.

    B.     Property tax exemptions for solar energy systems shall be in an amount equal to any increase in incremental assessed value of the entire property attributable to the qualifying equipment that is in excess of the property’s assessed value attributable to conventional electrical and heating systems that                      

                            (1)        Are currently part of the property;

                            (2)        Were part of the property immediately prior to the installation of the solar energy system; or

                            (3)        Were of an equivalency that would typically be expected by the market in such a property                                             absent the solar energy system.             

    C.     Property that includes an installed solar energy system for which an exemption was granted prior to the effective date of this revised policy will be considered “grandfathered” and will continue to receive an exemption under the previous policy as long as the system is in good working order. The “cost” referenced in the previous policy shall mean “installation cost.”

    D.     When a property that includes an installed solar energy system that is “grandfathered” transfers ownership, the “grandfathered” solar exemption shall cease, and the revised solar exemption policy shall be implemented as of April 1 of that tax year.

    E.      Every five years during the Town’s assessment revaluation period the Assessor shall confirm the functioning and condition of each solar energy system (“asset”) and then apply depreciation to determine the contributory value of that asset to the aggregate Town assessment to be reported to the State.
    (Section 132-7 amended by Ord #2015-02 dated 2/16/15)

                      

Chapter 138: Taxation

  • 138-1.      Adoption of statutory provisions.

    The Town of Durham hereby adopts by reference RSA 80:58-86, as it may be amended from time to time. Said statutes provide that tax sales to private individuals for nonpayment of property taxes on real estate are replaced with a real estate tax lien procedure under which only a municipality or county where the property is located or the state may acquire a tax lien against land and buildings for unpaid taxes.

Chapter 142: Taxicabs

  • 142-1.     Policy; compliance required.

    All persons, firms, corporations or associations having the ownership of any vehicle to be used as a taxicab within the jurisdictional bounds of the Town of Durham, New Hampshire, must obtain all permits, pay all fees and abide by all regulations outlined in this chapter.

    142-2.     Definitions.

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

    OPERATOR -- The person driving or having control or possession of a motor vehicle while the same is being used in the taxi business. An "operator" must be at least eighteen (18) years of age and must possess a valid New Hampshire operator's license.

    OWNER -- The person, firm, corporation or association having the ownership of any vehicle used or licensed to be used in the taxi business.

    PERMIT -- A license or permission granted by the Town Council to an owner, an operator or an owner's taxicab(s).

    TAXI STAND -- Such portion or portions of the public street or highway as shall be designated by the Durham Town Council as a place in which taxis may stand or park.

    TAXI or TAXICAB -- Any rubber-tired motor vehicle having a manufacturer's rated capacity of not more than seven (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 fixed termini or any such vehicle leased or rented or held for leasing or renting, with or without a driver or operator.

    142-3.     Permits and fees.

    A.  Application. Owners who desire to engage in the taxicab business must make application for all permits to the Chief of Police. Upon approval of a permit, the owner will pay all applicable fees to the Town Clerk.

    B.  Duration of permit. All permits granted under this chapter shall remain in full force and effect until 12:00 midnight on December 31 of the year in which said permit is granted, unless otherwise suspended or revoked.

    C.  Permits required.

               1.  Business permit. Every owner who wishes to engage in the taxi business shall obtain a business permit. The fee shall be as set by the Town Council from time to time.

               2.  Taxicab permit. Owners must obtain a separate taxicab permit for each vehicle to be used as a taxi. The fee shall be as set by the Town Council from time to time.

               3.  Operator's permit. Each operator must obtain a taxicab operator's permit. The fee shall be as set by the Town Council from time to time.

    142-4.     Issuance of permits; insurance.

    A.  Business permit. Prior to the approval of a business permit, the Chief of Police shall cause an investigation of the owner. The Chief will approve or disapprove the application within ten (10) workdays. Any conviction for violation of the laws of the State of New Hampshire or any other state may be reason for denial.

    B.  Taxicab permit.

               1.  Prior to the approval of a taxicab permit, the Chief of Police shall:

                   a.  Determine that the owner has a certificate of insurance which provides coverage for the vehicle designated in the application. The minimum limits of liability acceptable to indemnify the owner for injury to one (1) person, for injury to more than one (1) person and for property damage in any one (1) accident shall meet the current minimum coverage requirement as established by the Public Utilities Commission of the State of New Hampshire. The owner shall continue such insurance during the period of his/her permit, and it shall be his/her obligation to turn in the applicable taxicab permit upon receiving notice of cancellation of said insurance. It shall further be the responsibility of any insurance company or agent to notify the Town Clerk ten (10) days prior to any cancellation of any such policy.

                   b.  Designate a police officer to:

                          (1.)   Verify that the taxicab has a valid State of New Hampshire safety inspection sticker. Obvious defects such as worn tires, broken window glass or lenses, etc., shall be evidence that the vehicle is not in compliance with state inspection requirements.

                          (2.)   Determine that the taxicab is properly marked and equipped with a roof light as required by this chapter.

                          (3.)   Determine if a rate (fee) schedule is properly displayed.

                          (4.)   Check for cleanliness and sanitary conditions.

               2.  Based upon the officer's findings, the Chief will approve or disapprove the application within three (3) workdays. Failure to comply with the State of New Hampshire inspection laws or discovery of any defects in the areas outlined by Subsection B(1)(b) above may be reason for denial.

    C.  Operator's permit. Prior to the approval of an operator's permit, the Chief of Police shall cause an investigation of the operator. The Chief will approve or disapprove the application within ten (10) workdays. Any conviction for violation of the laws of the State of New Hampshire or any other state may be reason for denial.

    142-5.        Transfer of permits.

    Permits shall be nontransferable. All applications shall be processed in the same manner as is required for the issuance of original permits.

    142-6.     Suspension or revocation of permits.

    A.  The Chief of Police shall cause an investigation of all complaints, violations of this chapter and violations of laws involving an operator or owner. If the Chief determines that the complaint is valid, he/she shall be empowered to suspend or revoke a permit as deemed appropriate. The owner may appeal the Chief's ruling within five (5) workdays and request a hearing before the Town Council or its designee(s).

    B.  A suspension shall be for a reasonable amount of time, and the permit will automatically be returned on the restoration date. A revocation may involve permanent loss of a permit or loss for a substantial period of time. In the latter instance, the owner must make application for restoration of the permit at the end of the revocation period in the same manner as is required for the original issuance.

    C.  In addition, nothing in this section precludes the Police Department from charging the owner or operator with applicable violations of law.

    142-7.        Miscellaneous regulations.

    A.  Rate schedule. The rates for taxi fares shall be determined by the owner. A copy of the rates must be filed with the Town Clerk. It shall be the owner's responsibility to provide the Town Clerk with a current rate schedule. New rates may be charged two (2) days after filing with the Town Clerk.

    B.  Posting of rates. The current rate schedule shall be kept posted in a conspicuous place in each taxicab.

    C.  Taxi stands. Taxicabs may park in any public parking space. Operators must obey all parking restrictions and time limitations.

    D.  Periodic inspection. Within five (5) days immediately following each required semiannual state inspection, owners will bring their taxicabs to the Police Department in order that a police officer designated by the Chief may determine that the requirements of S 142-4B(1)(b) are being complied with. Noncompliance with the provisions of this or the referenced section shall be cause for the suspension of the taxi permit.

    E.   Markings. Each taxi shall be equipped with a roof light with the word "TAXI" inscribed thereon. Each taxi shall also have the firm or owner's name permanently displayed on both sides thereof. The lettering required on the roof light and sides of the taxicab shall not be less than three (3) inches in height.

    F.   Limitations on use. Owners and operators of taxicabs shall not:

               1.  Accept additional passengers once the taxicab has been engaged without the consent of the first passenger.

               2.  Pick up adult passengers while engaged in transporting children under sixteen (16) years of age unless the child is seated in the front seat with the operator only.

               3.  Exceed the passenger seating capacity as listed in the manufacturer's vehicle specifications.

               4.  Deny service on request from any orderly person during business hours.

    G.  Identification. Taxicab operators shall identify themselves to passengers upon request. Failure to comply with such a request shall be cause for suspension of an operator's permit.

    142-8.     Violations and penalties.

    Any person, firm, corporation or association violating any provisions of this chapter shall be guilty of a violation and fined as set forth in Chapter 1, Article II, of this Code for each offense. A separate offense shall be deemed committed upon each day or part thereof during or on which a violation occurs or continues.

     

Chapter 145: Tobacco Products

  • [HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2019-02 dated November 18, 2019].

    145-1.     Purpose

    The purpose of this chapter is to establish the age of 21 to be the minimum required age of any individual in the Town of Durham to purchase tobacco products, e-cigarettes, vaping products or liquid nicotine and requires Durham merchants to ensure this act by verifying legitimate identification at the time of purchase.

    145-2.     Definitions

    For the purposes of this ordinance, “tobacco product” shall include any product defined as a tobacco product in NH RSA 126-K as well as all other definitions outlined in accordance with NH RSA 126-K.

    145.3.     Purchase of Tobacco Products.

    A. No person under the age of 21 shall purchase a tobacco product, e-cigarette, vaping product or liquid nicotine.         

    B. No person or business shall sell or provide a tobacco product, e-cigarette, vaping product or liquid nicotine to a person under the age of 21.

    C. Any person violating the provisions of the Town ordinance shall be subject to a fine of up to fifty dollars ($50.00) for a first offense and up to one hundred dollars ($100.00) for a second or subsequent offense.

Chapter 148: Vehicle Registration

  • 148-1.        Fee exemption for former prisoners of war.

    The Town will implement the provisions of RSA 261:157-a, waiving the motor vehicle registration fee for former prisoners of war.  This chapter will waive the fee to be charged for a permit to register one (1) motor vehicle owned by any person who was captured and incarcerated for thirty (30) days or more while serving in a qualifying war or armed conflict as defined in RSA 72:28, Subdivision IV, and who was honorably discharged, provided that the person has provided the Town Clerk with satisfactory proof of these circumstances.

Chapter 153: Vehicles and Traffic

  • 153-1.     Definitions.

    shall, for the The words and phrases used in this chapter purposes of this chapter, have the meanings respectively ascribed to them by RSA 259:1 et seq.

    153-2.     Schedules; adoption of regulations.

    For the purpose of maintaining an accurate record of all regulations adopted under the provisions of this chapter, there is hereby established a system of schedules, appearing as Article VI of this chapter, in which shall be entered all regulations after adoption. Such schedules shall be deemed a part of the section to which they refer. All regulations shall be adopted with reference to the appropriate schedule as indicated in the various sections of this chapter.

     

  • 153-3.        Traffic control signals.

    Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule I (153-33), attached to and made a part of this chapter.

    153-4.     Speed limits.

    The maximum speed at which vehicles may proceed on or along any streets or highways within the town is hereby established at thirty (30) miles per hour, except that the speed limit for vehicles proceeding on or along those streets or parts of streets described in Schedule II (153-34) shall be as indicated in said schedule.

    153-5.     School speed limits.

    No person shall drive a vehicle at a speed in excess of that indicated in Schedule III (153-35), in the areas described in said Schedule III, during school days between the hours of 7:00 a.m. and 6:00 p.m.

     

    153-6.       One-way streets.

    The streets or parts of streets described in Schedule IV (153-36), attached to and made a part of this chapter, are hereby designated as one-way streets in the direction indicated.

    153-7.        U-turns.

    No person shall make a U-turn on any of the streets or parts of streets described in Schedule V (153-37), attached to and made a part of this chapter.

    153-8.        Prohibited turns at intersections.

    No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule VI (153-38), attached to and made a part of this chapter.

    153-9.     Prohibited right turns on red signal.

    No person shall make a right turn when facing a steady red signal (stop indication) at any of the locations described in Schedule VII (153-39), attached to and made a part of this chapter.

    153-10.   Through streets.

    The streets or parts of streets described in Schedule VIII (153-40), attached to and made a part of this chapter, are hereby designated as through streets. Traffic control devices shall be installed on each street intersecting the through street.

    153-11.   Prohibited through truck traffic.

    The streets or parts of streets described in Schedule IX (153-41) attached to and made a part of this chapter, are hereby designated as prohibited through truck traffic streets.  Traffic control devices shall be installed on each street intersecting the through street.

    153-12.   Prohibited through traffic.

    The streets or parts of streets described in Schedule X (153-42) attached to and made a part of this chapter, are hereby designated as prohibited through traffic streets.  Traffic control devices shall be installed on each street intersecting the through street.

    153-13.   Stop intersections.

    The intersections described in Schedule XI (153-43), attached to and made a part of this chapter, are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

    153-14.   Yield intersections.

    The intersections described in Schedule XII (153-44), attached to and made a part of this chapter, are hereby designated as yield intersections. Yield signs shall be installed as provided therein.

    153-15.   Vehicle weight limits.

    It shall be unlawful for any person to operate any commercial vehicle or other tractor, trailer or tractor-trailer combination, having a gross weight in excess of that herein respectively prescribed, upon any of the streets or portions thereof described in Schedule XIII (153-45), except for the purpose of making local deliveries on that street.

  • 153-16.   Application of Article.

    The provisions of this Article shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

    153-17.   Parking prohibited at all times.

    No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XIV (153-46), attached to and made a part of this chapter.

    153-18.   No stopping.

    No person shall stop a vehicle upon any of the streets or parts of streets described in Schedule XV (153-47), attached to and made a part of this chapter.

    153-19.   No standing.

    No person shall stand a vehicle upon any of the streets or parts of streets described in Schedule XVI (153-48), attached to and made a part of this chapter.

    153-20.   Parking prohibited certain hours.

    No person shall park a vehicle between the hours specified in Schedule XVII (153-49) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XVII, attached to and made a part of this chapter.

    153-20.1

    Any person who owns or is in control of any vehicle that parks within a designated parking space for the use of the Durham Town Library shall be engaged as a patron of the library or be employed by the library, except when actively utilizing the electronic charging station. Any vehicle found in violation of this provision may be issued a parking violation and subject to being towed at the owner's expense. This ordinance shall not apply during hours that the library is closed with the understanding that there is a ban on overnight parking.

    153-21.   No stopping certain hours.

    No person shall stop a vehicle during the times specified in Schedule XVIII (153-50) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XVIII, attached to and made a part of this chapter.

    153-22.   No standing certain hours.

    No person shall stand a vehicle during the times specified in Schedule XIV (153-51) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XIV, attached to and made a part of this chapter.

    153-23.   Time limit parking.

    No person shall park a vehicle for longer than the time limit shown in Section 153-52 (Schedule XX: Time limit parking) at any time between the hours listed in said Schedule XX of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XX, attached to and made a part of this chapter. 

    (Section 153-23 amended by Ord. #2007-12 dated 11/19/07 and Ord. #2014-01 dated 2/17/14))

    153-24.   Angle parking.

    No person shall park a vehicle upon any of the streets or parts thereof described in Schedule XXI (153-53) except at the angle designated and only within the painted stall lines. On all streets or portions thereof where angle parking is now or shall hereafter be authorized, all vehicles parked thereon shall be parked with the front thereof nearest the curb.

    153-25.   Loading zones.

    The locations described in Schedule XXII (153-54), attached to and made a part of this chapter, are hereby designated as loading zones.

    153-26.   Taxi stands.                                                 

    The locations described in Schedule XXIII (153-55), attached to and made a part of this chapter, are hereby designated as taxi stands.

    153-27.   Bus stops.

    The locations described in Schedule XXIV (153-56), attached to and made a part of this chapter, are hereby designated as bus stops.

  • 153-28.   Permitted Parking, Durham Resident Parking Permits.

    The locations denoted with an asterisk (*) in Schedule XVII are areas where permit parking is authorized.  The parking permit system within the Town of Durham will be regulated by  the Durham Police Department with approval by the Town Administrator. Resident parking permits will be issued to all legally registered vehicles with addresses in the affected areas. Each residence with an address on the annotated roadways will be issued three (3) guest parking permits. Persons who fail to display a valid permit shall be in violation of the permit process. The locations denoted with two asterisks (**) in Schedule XVII allow parking with Oyster River High School parking permits which are issued by the Oyster River High School. The locations with three asterisks (***) are municipal parking lots that allow overnight parking with the purchase, or issuance, of a valid permit. Persons who fail to display a valid permit shall be in violation of the permit process.  

    (Section 153-28 amended by Ord. #2000-02 dtd 2/21/00 and Ord. #2014-01 dated 2/17/14)

     

    153-29.   Metered Parking Areas

    A.  Pettee Brook Parking Lot North

    1.    There shall be no parking in the Pettee Brook Parking Lot North except within designated parking spaces.

    2.    Parking meter(s) located at the Pettee Brook Lot shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(A) amended by Ord. #2011-03 dated 5/16/11, Ord. #2012-08 dtd 6/18/12, Ord. #2014-01 dated 2/17/14)

        

    B.  Main Street (northerly side) between Pettee Brook Lane and Garrison Avenue

    1.    There shall be no parking on the northerly side of Main Street between Pettee Brook Lane and Garrison Avenue except within designated parking spaces.

    2.    Parking meter(s) in this section of Main Street shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(B) amended by Ord. #2011-03 dated 5/16/11, Ord. #2012-08 dtd 6/18/12, Ord. #2014-01 dated 2/17/14)

     

    C.  Main Street (southerly side) between Quad Way and Mill Road

    1.    There shall be no parking on the southerly side of Main Street between Quad Way and Mill Road except within designated parking spaces.

    2.    Parking meter(s) in this section of Main Street shall be located on the southerly side of the street and shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(C) amended by Ord. #2001-04 dated 2/5/01 and Ord. #2003-01 dated 2/3/03, Ord. #2012-08 dtd 6/18/12, Ord. #2014-01 dated 2/17/14)

     

    D.  Pettee Brook Lane (southerly side)

    1.    There shall be no parking on the Southerly side of Pettee Brook Lane except within designated parking spaces.

    2.    Parking meter(s) in this section of Pettee Brook Lane on the southerly side shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29 (D), Originally “Madbury Road (westerly side)” was deleted by Ord. #2005-01 dated 2/07/05).  (New Section 153-29(D) created by Ord. #2011-03 dated 5/16/11, Ord. #2012-08 dtd 6/18/12, Ord. #2014-01 dated 2/17/14)

     

    E.  Madbury Road (westerly side) between Main Street and Garrison Avenue

    1.    There shall be no parking on the westerly side of Madbury Road between Main Street and Mathes Terrace except within designated parking spaces.

    2.    Parking meter(s) in this section of Madbury Road shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29 (E) amended by Ord. #2014-01 dated 2/17/14)

     

    F.  Garrison Avenue (southerly side) between Main Street and Madbury Road

    1.    There shall be no parking on the southerly side of Garrison Avenue between Main Street and Madbury Road except within designated parking spaces.

    2.    Parking meter(s) in this section of Garrison Avenue shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(F) created by Ord. #2012-08 dtd 6/18/12, amended by Ord. #2014-01 dated 2/17/14)

     

    G.  Downtown Parking Lot located at the southwest corner of the Madbury Road and Pettee Brook Lane intersection.

    1.    There shall be no parking in the parking lot located in the southwest corner of the intersection of Madbury Road and Pettee Brook Lane except within designated parking spaces.

    2.    Parking meter(s) located at the Madbury Road/Pettee Brook Lane lot shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(G) created by Ord. #2014-01 dated 2/17/14)

     

    H.  Main Street (northerly side) between Pettee Brook Lane and Madbury Road

    1.    There shall be no parking on the northerly side of Main Street between Pettee Brook Lane and Madbury Road except within designated parking spaces.

    2.    Parking meter(s) for this section of parking on Main Street shall be located on the northerly side of Main Street between Pettee Brook Lane and Madbury Road and shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    The Town Administrator may designate a limited number of parking spaces allowing a maximum of fifteen (15) minutes of parking without fee or use of the parking meter.

    6.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    7.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(H) created by Ord. #2014-01 dated 2/17/14)

     

    I.  Jenkins Court between Main Street and Pettee Brook Lane

    1.    There shall be no parking on Jenkins between Main Street and Pettee Brook Lane except within designated parking spaces.

    2.    Parking meter(s) in this section of Jenkins Court shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 6:00 p.m., Monday through Friday, weekends and holidays excepted.

    5.    The Town Administrator may designate a limited number of parking spaces allowing a maximum of fifteen (15) minutes of parking without fee or use of the parking meter.

    6.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb or street and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    7.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(I) created by Ord. #2014-01 dated 2/17/14)

     

    J.  Depot Parking Lot

    1.    There shall be no parking in Depot Parking Lot metered parking area except within designated parking spaces.

    2.    Parking meter(s) in this section of the Depot Parking Lot shall control the designated parking spaces.

    3.    The fees for parking in these designated spaces shall be established or set as specified in the Master Fee Schedule, as amended on occasion. 

    4.    This fee shall apply between 6:00 a.m. and 11:59 p.m., holidays excepted.

    5.    Owner(s) and/or operator(s) shall park their vehicle(s) within parking spaces delineated by the curb and immediately deposit fees in accepted U.S. denominations, credit card or debit card consistent with instructions on the respective meter(s). 

    6.    Persons who fail to deposit appropriate fees as required or fail to display the printed parking meter receipt on their front dash with the time stamp visible from outside the vehicle or who cause their vehicles to remain beyond the purchased or maximum time limits shall be in violation of the provisions of this ordinance.  Each time violation shall be deemed a separate offense.

    (Section 153-29(J) created by Ord. #2014-01 dated 2/17/14)

    153-30.   Business Permit Parking Areas

    Business Parking Permits are sold to businesses that require parking in the downtown area for their employees.  The permit shall only be used at times when the user is at the business that purchased the permit.  The procedures are regulated by the Durham Police with approval of the Town Administrator.

    An employee of a Durham business establishment that has purchased a current year parking permit from the town, shall be allowed to park in designated parking spots at the following locations unless otherwise restricted by the type of business permit:

    Name of Street Side Location
    66 Main Street Parking Lot N/A Between Pettee Brook Lane and Main Street
    Cowell Drive North Intersection of Madbury Rd. to the driveway of the St. Thomas More Rectory
    Madbury Road West Intersection of Mathes Terrace to Garrison Avenue
    Pettee Brook Lane Parking Lot South The south permit lot
    Strafford Avenue North Intersection of Garrison Avenue to the UNH Meter Parking Zone
    Garrison Avenue Extension North From Madbury Road to Dennison Avenue

    Section 153-30 created by Ord. #2002-12 dated 10/28/02; amended by Ord. #2007-03 dtd 02/19/07 , Ord #2011-03 dtd 5/16/11, Ord. #2014-01 dated 2/17/14,  Ord. #2022-01 dtd 02/21/22

    153-31.   Reserved.  (Amended by Ord. #2000-08 dated 5/15/00).

     

     

  • 153-32.   Penalties for offenses.

    A.  The penalty for violations of this chapter, other than parking provisions, shall not exceed one hundred fifty dollars ($150).

    B. The penalties for violation of parking provisions are as follows:

    1. A fine no less than twenty-five dollars ($25.00) nor more than one hundred fifty dollars ($150) for each violation of THE Parking Prohibited at All Times (153-17), No Stopping (153-18), No Standing (153-19), Parking Prohibited at Certain Hours (153-20), No Stopping Certain Hours (153-21), No Standing Certain Hours (153-22), Time Limited Parking (153-23) Angle Parking (153-24), Loading Zones (153-25), Taxi Stands (153-26) and Bus Stops (153-27) ordinances and Metered Parking (153-29), Business Permit Parking Areas (153-30) ordinances.

    2. An additional fine of ten dollars ($10.00) shall be imposed for each ticket which has not been paid within fourteen (14) days of the date of violation.

    3. An additional fine of fifteen dollars ($15.00) shall be imposed for each ticket which has not been paid within forty-five (45) days of the date of violation.

    C. Subject to compliance with the requirements set forth in subsection (D) and (E), any vehicle that is registered to a person, company, or other entity (hereinafter referred to collectively as "person") that has three or more outstanding traffic violations shall be towed and impounded at the owner's risk and expense and shall not be released until authorized by the Town of Durham Police Department or the Durham District Court.  Provided that the vehicle being towed and impounded is registered to a person who has three or more outstanding violations, such towing and impoundment are authorized whether or not the particular vehicle being towed is the vehicle listed in any of the outstanding violations.

    D. The provisions of subsection (a) shall not be implemented until five days after written notification is sent to the person at that person's last known address as shown on the records of the Division of Motor Vehicles, New Hampshire Department of Safety.

    E.  The provisions of subsection (a) shall not be implemented unless the vehicle is parked on a governmentally owned roadway or parking area or a privately owned parking area that is made available for use by the public.

    F.  The Town of Durham and the agency that is authorized by the Town of Durham to tow and/or store the towed vehicle shall not be liable for any damages incurred as a result of such towing or storage.

  • 153-33.   Schedule I: Traffic control signals.

    In accordance with the provisions of 153-3, traffic control signals shall be installed at the following described intersections:

         (Reserved)

    153-34.   Schedule II: Speed limits.

    In accordance with the provisions of 153-4, speed limits other than thirty (30) miles per hour are established as indicated upon the following streets or parts of streets:

    Name of Street

    Speed

    Limit

    (mph)

    Location           

    Bagdad Road 25 Entire Length
    Bartlett Road 25 Entire Length
    Bay Road 35 Entire Length
    Bayview Road 25 Entire Length
    Beech Hill Road 35 Entire Length
    Bennett Road 35 Entire Length
    Burnham Ave 25 Entire Length
    Canney Road 25 Route 108 to Madbury Town Line
    Cedar Point Road 25 Entire Length
    Chesley Drive 25 Entire Length
    Coe Drive 25 Entire Length
    Colony Cove Road 35 Entire Length
    Cowell Drive 25 Entire Length
    Croghan Lane 25 Entire Length
    Cutts Road 25 Entire Length
    Dame Road 25

    From Durham Poiint Road to the Newmarket Town Line

    Davis Avenue 25 From Edgewood Rd. to Fairchild Dr.
    Denbow Road 25 Entire Length
    Dennison Road 25 Entire Length
    Durham Point Road 35 Entire Length
    Edgewood Road 25 Entire Length
    Emerson Road 25 From Madbury Rd. to the intersection of Bagdad Rd.
    Faculty Road 25 Entire Length
    Fairchild Drive 25 All from Davis Ave. to the cul-de-sac
    Ffrost Drive 25 Entire Length
    Fogg Drive 25 Entire Length
    Fogg Lane 25 Entire Length
    Garden Lane 25 Entire Length
    Garrison Ave. 25 Entire Length
    Glassford Lane 25 Entire Length
    Hamel Drive 25 Entire Length
    Hampshire Avenue 25 Entire Length
    Hoitt Drive                      25      Entire Length                       
    Jenkins Court 25 Entire Length
    Langley Road 35 Entire Length
    Littlehale Road 25 Entire Length
    Longmarsh Road 35 Entire Length
    Lundy Lane 25 Entire Length
    McGrath Road 25 Entire Length
    Madbury Road 25 Main Street to Edgewood Road
    Main Street 25 Between Route 108 & Mast Road
    Main Street 25 Between College Brook Rd. & Gables Residence Access Rd.
    Maple Street 25 Entire Length
    Mast Road Extension 25 Entire Length
    Meadow Road 25 Entire Length
    Meserve Road 25 Entire Length
    Mill Pond Road 25 Entire Length
    Mill Road 35 From Woodridge Rd. to Packers Falls Rd.
    Mill Road 25 From Main Street to Woodridge Rd.
    Moharimet Way 25 Entire Length
    Old Landing Road 25 Entire Length
    Old Piscataqua Road 25 Entire Length
    Oyster River Road 25 Entire Length
    Packers Falls Road 30

    Between Lee Town Line & Sullivan Falls Rd. 
    Between Sullivan Falls Rd. & Newmarket Town Line

    Palmer Drive 25 Entire Length
    Park Court 25 Entire Length
    Pettee Brook Lane 25

    Main St. from College Rd. to Newmarket

    Rd. & from Main St. to Garrison Ave.

    Pinecrest Lane 25 Entire Length
    Rocky Lane 25 Entire Length
    Rosemary Lane 25 Entire Length
    Sauer Terrace 25 Entire Length
    Schoolhouse Lane 25 Entire Length
    Scotland Road 25 Entire Length
    Stagecoach Road 25 Entire Length
    Strafford Avenue 25 Entire Length
    Sunnyside Avenue 25 Entire Length
    Thompson Lane 25 Entire Length
    Tom Hall Road 25 Entire Length
    Valentine Hill Road 25 Entire Length
    Wednesday Hill Road 35 Entire Length
    Willey Road 25 Entire Length
    Wine Cellar Road 35 Entire Length
    Wiswall Road 35 Entire Length
    Wood Road 25 Entire Length
    Woodman Drive 25 Entire Length
    Woodman Road 25 Entire Length
    Woodridge Road 25 Entire Length
    Young Drive 25 Entire Length

    (Section 153-34 amended by Ord. #2007-02 dtd 02/05/07;  Ord. #2008-17 dtd 09/08/08; Ord. #2008-18 dtd 09/22/08, Ord. #2009-03 dtd 3/16/09, Ord. #2012-07 dtd 6/18/12; Ord. #2015-03 dtd 4/20/15; Ord. #2016-03 dtd 2/1/16; Ord. #2016-03 dtd 4/18/16 ); Ord. #2020-01 dtd  2/3/20

    153-35.   Schedule III: School speed limits.

    In accordance with 153-5, no person shall drive a vehicle in excess of the speeds indicated below, in the areas designated below, during school days between the hours of 7:00 a.m. and 6:00 p.m.:

    Name of Street Speed Limit (mph) Location
    (Reserved)    
         

    153-36.   Schedule IV: One-way streets.

    In accordance with the provisions of 153-6, the following described streets or parts of streets are hereby designated as one-way streets in the direction indicated:

    Name of Street Direction of Travel Limits
    Dennison Road South From Bagdad Rd. to Garrison Ave.
    Garrison Avenue West From Dennison Rd. to Madbury Rd.
    Jenkins Court North From Main St. to Pettee Brook Lane
    Madbury Road North From Main St. to Pettee Brook Lane
    Main Street East From Pettee Brook Lane to Madbury Rd.
    Mast Road Extension Northwest Section of travel between Main St. & Gables Way
    Pettee Brook Lane West From Madbury Rd. to Main St.
    Schoolhouse Lane South

    A section of Schoolhouse Lane running 125 feet southerly from Dover Rd.

    (Section 153-36 amended by Ord. #2001-12 dated 12/17/01)

    153-37.   Schedule V: U-turn prohibitions.

    In accordance with the provisions of 153-7, no person shall make a U-turn at any of the following locations:

    Name of Street Location
    Main Street From Route 108 intersection to the railroad overpass

     

    153-38.   Schedule VI: Prohibited turns at intersections.

    In accordance with the provisions of 153-8, no person shall make a turn of the kind designated below at any of the following locations:

    Name of Street Direction of Travel Prohibited Turn Hours At intersection of:
    Bagdad Road East Right All Dennison Road
    Bagdad Road West Left All  Dennison Road
    Bank/Aroma Joes North Right All Pettee Brook Lane
    Cowell Drive West Left All Madbury Road
    Dennison Road North Left All Garrison Ave. Extension
    Jenkins Court North Right All Pettee Brook Lane
    Main Street East Left All East Intersection of Mill Rd.
    Mast Rd. Extension East Left All

    From Main St. into Mast Rd.Ext.

    opposite Field House

    Metered Lots Both Right/Left (east) All Pettee Brook Lane
    Mill Road North Left All Main Street
    Pettee Brook Lane West Left All Jenkins Court
    Pettee Brook Lane West Right All Rosemary Lane
    Pettee Brook parking lot North Right All Pettee Brook Lane
    Rosemary Lane South Left All Pettee Brook Lane

     

    153-39.   Schedule VII: Prohibited right turns on red signal.

    In accordance with the provisions of 153-9, no person shall make a right turn when facing a steady red signal (stop indication) at any of the following locations:

    Name of Street Direction of travel Prohibited right turn on Red signal onto:
    (Reserved)    

     

    153-40.   Schedule VIII: Through streets.

    In accordance with the provisions of 153-10, the following described streets or parts of streets are hereby designated as through streets. Traffic control devices shall be installed on each street intersecting the through street.

    Name of through Street Name of entrance street Direction from which entering Type of traffic control device
    (Reserved)      

     

    153-41.   Schedule IX: Prohibited through truck traffic and Commercial Motor Vehicles

    In accordance with the provisions of 153-11, the following described streets or parts of streets are hereby designated as prohibiting through truck traffic.  Traffic control devices shall be installed on each street intersecting the through street.  Exceptions to this section are municipal vehicles, registered pick-up trucks, trucks making deliveries on these sections of Edgewood and Oyster River Roads or roads accessible only by traversing these sections of Edgewood and Oyster River Roads, and buses/limousines. Commercial Motor Vehicles are excluded from using Edgewood Road.    

    Name of through street Name of entrance street Direction from which entering At intersection of: Type of traffic control
    Bagdad Rd. Bagdad Rd.   Badad Rd. Signage
    Canney Rd. Canney Rd.   Canney Rd. Signage
    Edgewood Rd. Edgewood Rd. North Between Strafford Ave. & Madbury Rd. Signage
    Madbury Rd. Madbury Rd.   Madbury Rd. lying between Rt. 4 & Garrison Ave. Intersection Signage
    Oyster River Rd. Oyster River Rd. East Section of Mill Pond Rd. from Rt. 108 to Faculty Rd. 108 to Faculty Rd. & all of Faculty Rd. currently prohibiting through trucking Signage

    (Section 153-41 amended by Ord. #2000-03 dated 2/21/00)

    153-42.   Schedule X: Prohibited through traffic.

    In accordance with the provisions of 153-12, the following described streets or parts of streets are hereby designated as prohibiting through vehicular traffic.  Traffic control devices shall be installed on each street intersecting the through street.  Exceptions to this section will be that the barrier may be opened for access for emergency vehicles, and adverse winter weather conditions and extreme traffic conditions in a manner determined by the Public Works Director and/or Durham Police Chief and consistent with the public good of the community.

    Name of through street Name of entrance street Direction from which entering At intersection of Type of traffic control
    Mast Road Mast Road West West of Barton Hall Barrier

     

    153-43.   Schedule XI: Stop intersections.  

    In accordance with the provisions of 153-13, the following described intersections are hereby designated as stop intersections, and stop signs shall be installed as follows:

    Stop sign on Direction of travel At intersection of
    Adams Circle West Davis Avenue
    Adams Point Road West Durham Point Road
    Ambler Way West Canney Road
    Bagdad Road Both Canney Road
    Bagdad Road East Dover Road
    Bagdad Road North Emerson Road
    Bagdad Road West Madbury Road
    Bartlett Road East Woodridge Road
    Bartlett Road North  Mill Road
    Bayview Road South Dover Road
    Beards Landing North Coe Drive
    Bennett Road North Newmarket Road
    Bennett Road  West Packers Falls Road
    Bucks Hill Road South  Bagdad Road
    Bucks Hill Road  South Partridge Berry Lane
    Bucks Hill Road  North  Partridge Berry Lane
    Bunker Lane South Route 4
    Burnham Avenue North  Faculty Road
    Burnham Avenue  South Oyster River Road
    Canney Road Both Bagdad Road
    Canney Road  South Dover Road
    Carriage Way North Packers Falls Road
    Cedar Point Road North Route 4
    Chesley Drive South  Mill Pond Road
    Church Hill Road South Mill Pond Road
    Coe Drive  West  Dennison Road
    Coe Drive West Bagdad Road
    Cold Springs Road North Bennett Road
    Colony Cover Road West Durham Point Road
    Constable Way West  Packers Falls Road
    Cormorant Circle West Shearwater Road
    Cowell Drive West Madbury Road
    Croghan Lane East McGrath Road
    Croghan Lane West Oyster River Road
    Cutts Road East Longmarsh Road
    Dame Road  East Durham Point Road
    Daisy Drive East  Sumac Lane
    Daisy Drive West Bucks Hill Road
    Davis Avenue East Edgewood Road
    Davis Court West Madbury Road
    Deer Meadow Road East Fox Hill Road
    Deer Meadow Road South Durham Point Road
    Denbow Road (both) West Pinecrest Lane
    Dennison Road South Woodman Road
    Dennison Road North Bagdad Road
    Durham Point Road South Newmarket Road
    Durham Trust lot West Main Street
    Durham Wastewater Treatment Plant North Piscataqua Road
    Edgewood Road Both Davis Avenue
    Edgewood Road Both Emerson Road
    Edgewood Road Both Madbury Road
    Edgewood Road South Main Street
    Edgewood Road Ext. Both Emerson Road
    Emerson Road West Madbury Road
    Emerson Road East Bagdad Road
    Emerson Road West Bagdad Road
    Emerson Road Both Edgewood Road
    Faculty Road Southeast Mill Pond Road
    Faculty Road West Mill Road
    Faculty Road Both Thompson Lane
    Falls Way West Packers Falls Road
    Ffrost Drive East Longmarsh Road
    Ffrost Drive North Denbow Road
    Fogg Lane North Mill Road
    Foss Farm Road North Mill Road
    Fox Hill Road East Deer Meadow Road
    Garden Lane North Faculty Road
    Garden Lane South Oyster River Road
    Garrision Avenue Both Madbury Road
    Garrison Avenue South Main Street
    Garrison Ave. Extension East Dennison Road
    Gerrish Drive West Canney Road
    Glassford Lane South Cowell Drive
    Griffiths Drive East Packers Falls Road
    Griffiths Drive South Wednesday Hill Road
    Hampshire Avenue East Madbury Road
    Hampshire Avenue North Lundy Lane
    Hampshire Avenue South Lundy Lane
    Hemlock Way North Mill Road
    Henry Bailey Stevens Way East Orchard Drive
    Hetzel Way West Fairchild Drive
    Hoitt Drive East Garden Lane
    Hoitt Drive West  Oyster River Road
    Jenkins Court North Pettee Brook Lane
    Johnson Creek North Piscataqua Road
    Langley Road West Durham Point Road
    Laurel Lane (both) East Newmarket Road
    Littlehale Road (both) West Emerson Road
    Longmarsh Road East Durham Point Road
    Longmarsh Road South Newmarket Road
    Lundy Lane East Madbury Road
    Lundy Lane West Hampshire Avenue
    Madbury Road Both Garrison Avenue
    Main Street North Madbury Road
    Maple Street East Madbury Road
    Maple Street West Meadow Road
    Mast Road Extension Both  Concord Road
    Mathes Cove Road South Durham Point Road
    McGrath Road North Garden Lane
    McGrath Road South Thompson Lane
    Meadow Road North Edgewood Road
    Meserve Road North Mill Road
    Mill Pond Road Both Faculty Road
    Mill Pond Road East Newmarket Road
    Mill Road South/North McDaniel Drive
    Mill Road South Packers Falls Road
    Mill Road North Main Street
    Mill Road Plaza West Mill Road
    Moharimet Way East Woodridge Road
    Morgan Way South Piscatqua Road
    Newmarket Road North Dover Road
    Old Bagdad Road West Bagdad Road
    Old Landing Road North Newmarket Road
    Orchard Drive West Foss Farm Road
    Oyster River Road West  Thompson Lane
    Oyster River Road East Thompson Lane
    Oyster River Road West Mill Road
    Packers Falls Road East/West Wiswall & Packers Falls Rd.
    Palmer Drive East Sunnyside Road
    Park Court South Main Street
    Park Court North Park Court
    Park Court West Park Court
    Partridge Berry Lane East Bucks Hill Road
    Pendexter Road East Madbury Road
    Pinecrest Lane West Sunnyside Drive
    Quad Way (right turn only) East Main Street
    Riverview East (both) North Piscataqua Road
    Rosemary Lane South Pettee Brook Lane
    Ross Road South Stagecoach Road
    Sauer Terrace South Cowell Drive
    Schoolhouse Lane North Dover Road
    Schoolhouse Lane  South Newmarket Road
    Simmons Lane (both) West Newmarket Road
    Spinney Road East Mast Road
    Stagecoach Road West Newmarket Road
    Stagecoach Road West Ross Road
    Strafford Avenue  South Garrison Road
    Strafford Avenue  West Edgewood Road
    Strafford Avenue East Edgewood Road Extension
    Sullivan Falls Road West Packers Falls Road
    Sumac Lane East Canney Road
    Sumac Lane South Daisy Drive
    Sumac Lane North Daisy Drive
    Tall Pines Road  South Lee Hook Road
    Technology Drive South Old Concord Road
    Thompson Lane South Oyster River Road
    Thompson Lane North Faculty Road
    Valentine Hill Road West Garden Lane
    Valentine Hill Road East Thompson Lane
    Watson Road East Back River Road
    Wednesday Hill Road South Packers Falls Road
    Willey Road North Pinecrest Lane
    Willey Road North Sunnyside Drive
    Williams Way  East Morgan Way
    Winecellar Road West Longmarsh Road
    Wiswall Road North Wiswall & Packers Falls Rd.
    Woodman Road West Dennison Road
    Woodman Road East Dennison Road
    Woodridge Road North Mill Road
    Wood Road East Madbury Road
    Woodside Road West Madbury Road
    Young Drive South Dover Road

    (Section 153-43 amended by Ord. #2001-03 dated 2/5/01, Ord. #2001-13 dated 12/3/01, Ord. #2002-13 dated 12/2/02), Ord. #2009-11 dated 11/17/09, Ord. #2010-05 dated 6/7/10, Ord. #2010-12 dated 10/18/10, Ord. #2011-04 dated 3/19/11, Ord. #2012-04 dated 3/19/12; Ord. #2012-06 dated 6/18/12; Ord. 2013-01 dtd 1/28/13; Ord. 2013-09 dtd 11/18/13; Ord. #2016-04 dtd 4/18/16; Ord. #2018-03 dtd 7/16/18, Ord. #2018-06 dtd 11/07/18, Ord. #2023-06 dtd 6/26/23)

    153-44.Schedule XII: Yield Intersections.

    In accordance with the provisions of 153-14, the following described intersections are hereby designated as yield intersections, and yield signs shall be installed as follows:

    Yield sign on: Direction of travel At intersection of:
    Daisy Drive East Sumac Lane
    Durham Point Road North Route 108
    Fogg Drive East Meserve Road
    Fogg Lane South Fogg Drive
    Hamel Drive North York Drive
    Langley Road West Durham Point Road
    Madbury Road North Pettee Brook Lane
    Meserve Road East Woodridge Road
    Mill Road South Main Street (right lane of Mill Rd. to yield)
    Moharimet Way West Bartlett Road
    Palmer Drive North York Drive
    Partridgeberry Lane East Bucks Hill Road
    Rosemary Lane South Pettee Brook Lane
    Scotland Road South Hampshire Avenue
    Woodridge Road North Woodridge Road

    (Section 153-44 amended by Ord. #2010-13 dated 10/18/2010  Ord. #2018-03 dated 07/16/18)

    153-45.   Schedule XIII: Vehicle weight limits.

    A.  In accordance with the provisions of 153-15, gross weight limits are established as indicated for commercial vehicles or other tractor, trailer or tractor-trailer combinations, upon the streets or portions thereof described below, except as provided in 153-15.

    Name of street Maximum gross weight (pounds) Entire Length
    Back River Road 24,000 Entire Length
    Bagdad Road 24,000 Entire Length
    Ballard Street 24,000 Entire Length
    Bartlett Road 24,000 Entire Length
    Bayview Road 24,000 Entire Length
    Beards Landing 24,000 Entire Length
    Bunker Lane 24,000 Entire Length
    Burnham Avenue 24,000 Entire Length
    Canney Road 24,000 Entire Length
    Cedar Point Road 24,000 Entire Length
    Chesley Drive 24,000 Entire Length
    Coe Drive 24,000 Entire Length
    Croghan Lane 24,000 Entire Length
    Cowell Drive 24,000 Entire Length
    Cutts Road 24,000 Entire Length
    Davis Avenue 24,000 Entire Length
    Denbow Road 24,000 Entire Length
    Dennison Road 24,000 Entire Length
    Edgewood Road 24,000 Entire Length
    Emerson Road 24,000 Entire Length
    Faculty Road 24,000 Entire Length
    Fogg Drive 24,000 Entire Length
    Fogg Lane 24,000 Entire Length
    Foss Farm Road 24,000 Entire Length
    Ffrost Drive 24,000 Entire Length
    Garden Lane 24,000 Entire Length
    Garrison Avenue 24,000 Entire Length
    Glassford lane 24,000 Entire Length
    Hampshire Avenue 24,000 Entire Length
    Hoitt Drive 24,000 Entire Length
    Jackson's Landing Road 24,000 Entire Length
    Jenkins Court 24,000 Entire Length
    Laurel Lane 24,000 Entire Length
    Littlehale Road 24,000 Entire Length
    Lundy Lane 24,000 Entire Length
    Magrath Road 24,000 Entire Length
    Maple Street 24,000 Entire Length
    Mathes Farm Road 24,000 Entire Length
    Meadow Road 24,000 Entire Length
    Meserve Road 24,000 Entire length
    Mill Pond Road 24,000 Entire Length
    Mill Road 24,000 From railroad to Main St.
    Moharimet Way 24,000 Entire length
    Old Landing Road 24,000 Entire Length
    Old Mast Road 24,000 Entire Length
    Orchard Drive 24,000 Entire Length
    Oyster River Road 24,000 Entire Length
    Park Court 24,000 Entire Length
    Pendexter Road 24,000 Entire Length
    Pinecrest Lane 24,000 Entire Length
    Riverview Road 24,000 Entire Length
    Rosemary Lane 24,000 Entire Length
    Ryan Way 24,000 Entire Length
    Sauer Terrace 24,000 Entire Length
    Schoolhouse Lane 24,000 Entire Length
    Scotland Road 24,000 Entire Length
    Spinney Lane 24,000 Entire Length
    Strafford Avenue 24,000 Entire Length
    Sunnyside Road 24,000 Entire Length
    Thompson Lane 24,000 Entire Length
    Valentine Hill Road 24,000 Entire length
    Watson Road  24,000 Entire Length
    Willey Road 24,000 Entire Length
    Woodman Avenue 24,000 Entire Length
    Woodridge Road 24,000 Entire Length
    Young Drive 24,000 Entire Length

    B.  Posted roads.

               1.      Unless specifically permitted by the written directive of the Public Works Director, it shall be unlawful for any person, partnership or corporation to haul, transport or cause to be transported by vehicle with gross weight over six (6) tons any material over the following Class V roads from 12:01 a.m., March 15, of each year through 11:59 p.m., April 30, of each year:

    Road name Description
    Back River Road From US Route 4 to Madbury Town Line
    Bagdad Road From Canney Rd. to NH Route 108
    Bay Road From Newmarket Town line extending to Durham Point Rd.
    Bennett Road From Packers Falls Rd. extending to NH Route 108
    Canney Road From Madbury Town line exetending to NH Route 108
    Dame Road From Newmarket Town line extending to Bay Rd.
    Durham Point Road From Bay Rd. extending to Durham Point Rd. Landfill Access Rd.
    Emerson Road From Bagdad Rd. to Madbury Rd.
    Longmarsh Road From NH Route 108 extending to Durham Point Rd.
    Mill Road From Packers Falls Rd. extending to Woodridge Rd.
    Packers Falls Road From Newmarket Town line extending to Lee Town line
    Watson Road From Back River Rd. to terminus
    Wednesday Hill Road From Packers Falls Rd. extending to Lee Town line
    Winecellar Road From Longmarsh Rd. extending to end
    Wiswall Road From Packers Falls Rd. extending to Lee Town line

    2.  Applicability. This restriction shall not apply to:

                    a.   Emergency vehicles.

                    b.   Six-wheel fuel tankers delivering on the regulated road.

                    c.   Six-wheel refuse collection vehicles collecting from the regulated road.

                    d.   Public utility vehicles involved in emergency repair operations.

                    e.   Town of Durham Public Works vehicles.

    153-46.   Schedule XIV: Parking prohibited at all times.

    In accordance with the provisions of 153-17, no person shall park a vehicle at any time upon any of the following described streets or parts of streets, except as otherwise indicated:

    Name of street Side Location of Prohibited Parking
    Bagdad Road Both Entire Length
    Ballard Street East Entire Length
    Ballard Street North From Pettee Brook Lane to Main St.
    Beards Landing Both Entire Length
    Bennett Road Both From Packers Falls Rd. to the easterly driveway at Highland House
    Bucks Hill Road North & South 400 feet from the intersection of Bagdad Road
    Coe Drive South/East Entire length except area located between 40 feet east of Beards Landing & 80 feet from Bagdad Rd.
    Cowell Drive North From 15 feet east of Glassford Lane to the east side of the driveway at St. Thomas Moore Rectory
    Cowell Drive North From the easterly side of the St. Thomas Moore sidewalk/ramp to Madbury Rd.
    Cowell Drive South Entire length except posted reserved angular parking for United States Government vehicles at the rear of the Post Office
    Davis Avenue North Between the intersection of Edgewood Road & Adams Circle
    Dennison Rd. East Area between the double & single 15-minute parking spaces on the sidewalk side of the turn area east of the traffic island
    Dennison Rd. East From Bagdad Road to 407 feet south thereof
    Dennison Rd. East Entire length south of Garrison Ave. except area between point 20 ft. & 80 ft. south of Garrison Ave.
    Dennison Rd. East On the west side of the traffic island in front of Oyster River Elementary School
    Dennison Rd. West From Bagdad Road to 30 feet south thereof
    Dennison Rd. West From 25 ft. north of Garrison Ave. to Woodman Rd. 
    Edgewood Rd. Both From Madbury Road to Main Street
    Faculty Road North From Mill Pond Road to Mill Road
    Faculty Road South From 60 feet west of Burnham Ave. to Mill Pond Road
    Faculty Road South From Mill Road to 60 feet east of Garden Land
    Faculty Road South From 60 feet west of Thompson Lane to 60 feet east of Thompson Lane
    Garrison Ave. Both From Madbury Road to Dennison Road
    Garrison Ave. North From Main Street to Dennison Road
    Garrison Ave. South One marked space for "Car-Sharing" vehicle
    Hoitt Drive North Entire Length
    Hoitt Drive South Within 90 feet of its intersection with Garden Lane
    Hoitt Drive South Within 30 feet of its intersection with Oyster River Road
    Hoitt Drive South Beginning 250 ft. & ending 450 ft. from its intersection with Oyster River Rd. encompassing steepest portion of hill and sharp curve
    Jenkins Ct. West From Main Street to 80 feet north 
    Littlehale Rd. Both From Bagdad Road to 150 feet east
    Longmarsh Road Both From the Western Most Boundary Marker of 125 Longmarsh Road adjacent to Eversource Pole No. 55/36 extending 582 feet in an easterly direction, to the gated entranceway of the Sweet Trail, inclusive of the easement granted to Town of Durham on the property of 125 Longmarsh Road and shown on plan titled “Subdivision of Kitfield Family Trust of 1991 Land for the Nature Conservancy dated July 28, 2003”
    Longmarsh Road South From the Western most boundary marker of 125 Longmarsh Road, across from Eversource Pole No. 55/36 and extending westerly to the eastern most entrance way of Sandy Brook Road. 
    Madbury Rd. East From Bagdad Road to 295 feet north
    Madbury Rd. East  From intersection of Edgewood Rd. to 520 feet south
    Madbury Rd. West One marked space for "Car-Sharing" vehicle
    Madbury Rd. East From Garrsion Road to 71 feet 6 inches south
    Madbury Rd. East From Garrsion Ave. to Bagdad Road
    Madbury Rd. East From 39 feet north of Woodman Road to Main Street
    Madbury Rd. West From Edgewood Road to Hampshire Avenue
    Madbury Rd. West From Garrsion Avenue to 57 feet south
    Madbury Rd. West From Garrison Avenue to Route 4 (bypass)
    Madbury Rd. West From 20 feet north of driveway at 21 Madbury Rd. to 20 feet south of the driveway at 17 Madbury Rd.
    Madbury Rd.  West From a point 65 feet south of the driveway
    Main Street Both From the triangle at Pettee Brook Lane to 60 feet east
    Main Street Both From 27 Main Street to the Courthouse
    Main Street East From Dover Road to Madbury Road
    Main Street North From a point 60 feet east of Edgewood Road to Railroad Avenue
    Main Street North From Garrison Avenue to 120 feet east
    Main Street North From Pettee Brook Lane to 14 feet west of town utility pole No. B8
    Main Street South From 36 feet west of town utility pole No. B8 to 9.5 feet west of town utility pole B8
    Main Street South From 9.5 feet west of town utility pole No. B8 to 18 feet east thereof (except for police vehicles)
    Main Street  South From Huddleston Drive to UNH Field House
    Main Street South Traffic island at intersection of Main Street & Mill Road
    Main Street  South Easterly side of Mill Road intersection to Madbury Road intersection
    Main Street South From Pettee Brook Lane to town utility pole No. A3
    Main Street Southwest From Mill Road to No. 1 Main Street
    Main Street Southwest From UNH Field House driveway to Commons Road
    Mast Road Both From Concord Turnpike to entrance of UNH horse barn
    Mill Road East From Main Street to College Road
    Mill Road East From Main Street to Oyster River
    Newmarket Road East From Schoolhouse Lane to Courthouse
    Old Landing Road East Entire easterly side
    Old Landing Road West Section of westerly side of Old Landing Road between a point directly opposite the driveway leading to the Town Landing and the southern terminus of the roadway
    Oyster River Road Both From Mill Road to Hoitt Drive
    Packers Falls Road West From a point 1,500 feet south of the center of the Packers Falls Bridge to a point 290 feet north of the center of the bridge
    Park Court West Beginning at intersection with Main Street & continuing in a northerly direction for a distance of 25 feet
    Park Court East Entire Length
    Park Court East/West Either side of that section of Park Court that goes from east to west
    Pettee Brook Lot Spaces Two spaces within the parking lot designated for Electric Vehicle parking only while engaged in an active charging session
    Rosemary Lane  Both From Garrison Avenue to Pettee Brook Lane (including spur running southerly therefrom)
    Schoolhouse Lane South From intersection of Route 108 & continuing in an easterly direction for a distance of 165 feet
    Strafford Avenue Both From Edgewood Road to western most entrance of UNH parking lot D-1
    Strafford Avenue West From Garrison Avenue to metered parking zone
    Wiswall Road Both From Packers Falls Road to the Lee Town line
    Woodman Road Both From Madbury Road to Dennsion Road, Sundays 8am-2pm excepted; daily 6-10pm excepted
    Woodman Road North From Dennison Road to 280 feet east of Davis Court
    Woodside Drive Both From Madbury Road to 20 feet east of Davis Court
    Young Drive Both Entire length of roadway

    (Section 153-46 amended by Ord. #2000-06 dtd 5/15/00 ,  Ord. #2001-14 dtd 12/3/01, Ord. 2004-01 dtd 4/5/04, Ord. #2009-07 dtd 7/20/09, Ord. #2011-07 dtd 10/17/11;  Ord. #2014-01 dtd 2/17/14; Ord. #2015-04 dtd 4/20/15; Ord. #2016-02 dtd 2/1/16; Ord. #2016-02 dtd 2/1/16; Ord. #2016-01 dtd 2/1/16; Ord. #2021-02 dtd 6/07/21 )

    153-47.   Schedule XV: No stopping.

    In accordance with the provisions of 153-18, no person shall stop a vehicle upon any of the following described streets or parts of streets:

    Name of street Side Location
    Main Street South From Mill Road to Madbury Road
    Schoolhouse Lane South From intersection of Route 108 & continuing in an easterly direction for a distance of 165 feet

     

    153-48.   Schedule XVI: No standing.

    A.  In accordance with the provisions of 153-19, no person shall stand a vehicle upon any of the following described streets or parts of streets:

    Name of Street Side Location
    Schoolhouse Lane South From intersection of Route 108 & continuing in an easterly direction for a distance of 165 feet

    B.  Standing is permitted on the following described streets or parts of streets:

    Name of street Side Location
    Dennison Road East Beginning at a point 20 feet south of Garrsion Ave. intersection continuing in a southerly direction for a distance of 60 feet

     

    153-49.   Schedule XVII: Parking prohibited certain hours.

    In accordance with the provisions of 153-20, no person shall park a vehicle between the

    hours listed upon any of the following described streets or parts of streets, with the exception of Durham resident parking permits where indicated with an asterisk (*)and Oyster River High School parking permits where indicated with two asterisks (**).

    Name of street Side Hours/Days Parking prohibited
    All streets & highways All 1:00 am - 6:00 am/November 1 - April 1 Entire length
    Ballard Street South 1:00 am - 6:00 am From Pettee Brook Lane to Main St.
    *Bayview Road Both Continuous From Dover Road to dead-end
    Bennett Road Both 9:00 pm - 7:00 am Beginning at Packers Falls Rd.
    Burnham Avenue Both 9:00 am - 4:00 pm Monday - Friday Sept. 1 - May 31 holidays & weekends excepted Burnham Avenue
    **Coe Drive Northerly 7:00 am - 2:30 pm Holidays & weekends excepted/Sept. 1 - June 30 From the intersection of Bagdad Rd. to Beard's Landing
    Croghan Lane Both 9:00 am - 4:00 pm Monday - Friday Sept. 1 - May 31 holidays & weekends excepted Croghan Lane
    Davis Avenue Both 7:00 am - 7:00 pm Monday - Friday/Sept. 1 - May 31 each year Davis Avenue
    Dennison Road Both Between the hours of 1:00 & 6:00 am from Aug. 15 - June 30 Between Bagdad Rd. & Garrison Ave. Extension
    Edgewood Road East/All 7:00 am to 6:00 pm/All From a point 442 north of Main St. to a point 15 feet south of Strafford Ave.
    Edgewood Road East 7:00 am to 6:00 pm/All From a point 15 feet north of Strafford Ave. to a point opposite the intersection of Davis Ave.
    Faculty Road South 9:00 am to 6:00 pm holidays & weekends excepted Entire length
    Faculty Road South 9:00 am to 4:00 pm holidays & weekends excepted From 60 feet of Thompson Lane to 60 feet west of Burnham Avenue
    *Garden Lane Both 9:00 am to 4:00 pm Monday - Friday, Sept. 1 - May 31, holidays & weekends excepted Garden Lane
    Garrison Avenue All 1:00 am - 6:00 am Entire length
    *Hoitt Drive Both 9:00 am - 4:00 pm Monday - Friday Sept. 1 - May 31 holidays & weekends excepted Hoitt Drive

    ***Jackson's Landing

    BOAT LAUNCH

    All Daily Parking is allowed in designated areas for only those vehicles with a boat trailer attached. Overnight parking is allowed for Durham residents & organizations by temporary permit parking only. Overnight parking is prohibited except by temporary permit only, pursuant to regulations adopted by Town Administrator.
    ***Jackson's Landing PARKING LOT All Overnight parking allowed for Durham residents and organizations by temporary permit parking only. Overnight parking prohibited except b temporary permit only, pursuant to regulations adopted by the Town Administrator.
    Jenkins Court Both 1:00 am to 6:00 am / All Entire length
    Littlehale Road Both 6:00 am to 3:00 pm Monday through Friday, Sep 1 through Jun 30 holidays and weekends excepted Littlehale Road
    *McGrath Road Both 9:00 am to 4:00 pm  Monday through Friday , Sep 1 through May 31 holidays and weekends excepted McGrath Road
    Madbury Road West 1:00 am to 6:00 am Main Street to Garrison Ave
    Madbury Road East 1:00 am to 6:00 am Woodman Road to Garrison Avenue Extension
    Main Street Both 1:00 am to 6:00 am Entire length
    Maple Street Both 7:00 am to 7:00 pm Entire Length
    Meadow Road Both 7:00 am to 7:00 pm Entire Length
    *Mill Pond Road Both 9:00 am to 4:00 pm Monday - Friday, Sept. 1 - May 31 holidays & weekends excepted Mill Pond Road
    Mill Pond Road Both 1:00 am to 6:00 am, holidays & weekends excepted Mill Pond Road
    Mill Road Both 7:00 am to 6:00 pm From McDaniel Drive to College Brook
    Mill Road West 7:00 am to 6:00 pm From College Brook to the Oyster River
    Municipal Parking Lots All Between the hours of 1:00 am to 6:00 am All
    ***Municipal Parking Lot - Depot Rd. N/A Day & overnight parking allowed by permit only Parking, including overnight parking, prohibited except by permit only, pursuant to regulations adopted by the Town Administrator.
    Noble K. Peterson Dr. Both 6:00 am to 3:00 pm Mon. - Fri., September 1 - June 30, holidays & weekends excepted Entire 
    *Oyster River Road Both 9:00 am - 4:00 pm Monday - Friday Sept. - May 31 holidays & weekends excepted Oyster River Road
    Park Court West 1:00 am to 6:00 am Entire
    Schoolhouse Lane All 1:00 am - 6:00 am, holidays & weekends excepted Entire
    Strafford Avenue All 1:00 am to 6:00 am Garrison Avenue to the UNH metered spaces
    *Thompson Road Both 9:00 am to 4:00 pm Monday - Friday Sept. 1 - May 31 holidays & weekends excepted Thompson Road
    *Valentine Hill Road Both 9:00 am to 4:00 pm Monday - Friday Sept. 1 - May 31 holidays & weekends excepted Valentine Hill Road
    Wiswall Road Park All  Sunset to Sunrise  Wiswall Road Park parking area - violators may be towed
    *Woodman Road North 7:00 am to 7:00 pm From intersection of Dennison Road to dead end

    * NOTE:    An asterisk (*) denotes permitted parking with a Durham Resident Parking Permit.           

    (Section 153-49 amended by Ord. #2000-02 dated 2/21/00, Ord. #2001-02 dated 2/5/01,  Ord. #2001-11 dated 12/3/01, Ord. #2002-01 dated 2/4/02,  Ord. #2002-08 dated 5/6/02, Ord. 2004-05 dated 8/2/04, Ord. 2004-08 dated 11/1/04, Ord. #2005-07 dated 8/01/05,  Ord. #2006-01 dated 6/5/06, and Ord. #2009-05 dtd 7/20/09, Ord. #2011-07 dtd 10/17/11, Ord. #2014-01 dated 2/17/14; Ord. #2014-02 dated 9/8/14).

    153-50.   Schedule XVIII: No stopping certain hours.

    In accordance with the provisions of 153-21, no person shall stop a vehicle between the times specified upon any of the following described streets or parts of streets:

    Name of street Side Hours/Days Location
    (Reserved)      

     

    153-51.   Schedule XIV: No standing certain hours.

    No person shall stand a vehicle between the times specified upon any of the following described streets or parts of streets:

    Name of street Side Hours/Days Location
    (Reserved)      

     

    153-52.   Schedule XX: Time limit parking.

    No person shall park a vehicle for longer than the time limit shown upon any of the following described streets or parts of streets:

    Name of street Side Time limit; hour's/days Location of time limit parking
    Ballard Street South 1 hr.; 6:00 am to 1:00 am From Pettee Brook Lane to Main Street
    Cowell Drive North 1:00 hour From 15 feet est of Glassford Lane to end of right of way
    Dennsion Road East 15 minutes/All From the sidewalk ramp to a point 40 feet east
    Dennison Road East 15 minutes/All From a point 41 feet north of Garrison Ave. to a point 20 feet south thereof
    Garrison Ave. South 2 hr. / Monday - Friday after 6:00 pm; Saturday & Sunday after 6:00 am Designated Parking Spaces on the southerly side of Garrison Ave. between Main St. and Madbury Road
    Glassford Lane Both 1 hour Entire length
    Hott Drive South 2 hrs.; 7:00 am to 5:00 pm/Monday - Friday from Sept. 1 - May 31 All portions except those within 90 feet of Garden Lane, within 30 feet of Oyster River Road and beginning 250 feet and ending 450 feet from its intersection with Oyster River Road, encompassing steepest portion of hill and sharp curve
    Jenkins Court East & West 2 hr./Monday - Friday after 6:00 pm; Saturday & Sunday after 6:00 am Designated Parking Spaces between Main Street & Pettee Brook Lane
    Madbury Road East 2 hours / All From Bagdad Road to Edgewood Road
    Madbury Road West 2 hr. / Monday - Friday after 6:00 pm; Saturday & Sunday after 6:00 am Designated Parking Spaces on the westerly side of Madbury Road between Main Street and Garrison Avenue
    Main Street North 2 hr. / Monday - Friday after 6:00 pm; Saturday & Sunday after 6:00 am Designated Parking Spaces on the northerly side of Main Street between Pettee Brook Lane and Madbury Road
    Main Street South 2 hr. / Monday - Friday after 6:00 pm; Saturday & Sunday after 6:00 am Designated Parking Spaces on the southerly side of Main Street between Quad Way and Mill Road
    *Mill Road Northerly 2 hr./Monday through Friday 6:00 am to 6:00 pm except by permit only; excluding holidays and weekends From northerly side of Mill Pond Road 150 feet west of Church Hill Road for a distance of 375 feet
    Parking Lot at the southwest corner of the Pettee Brook Lane/Madbury Rd. Intersection   2 hr. / Monday through Friday after 6:00 pm; Saturday and Sunday after 6:00 am Entire lot situated at the southwest corner of Madbury Road & Pettee Brook Lane
    Pettee Brook Lane parking lot north   2 hr. / Monday through Friday after 6:00 pm; Saturday and Sunday after 6:00 am Entire lot situated at the north side of Pettee Brook Lane
    Post Office   15 minutes - 8:00 am to 5:00 pm/Monday thru Friday - Saturday 8:00 am - 12:00 pm, except holidays Entire parking lot
    Sauer Terrace Both 1 hour Entire length
    *Schoolhouse Lane All 2 hr./ Monday thru Friday 6:00 am to 6:00 pm except by permit only; excluding holidays & weekends Beginning 20 feet from the fire hydrant at end of Three Chimneys Inn staff parking lot and continuing in an easterly direction for a distance of 342 feet.

    (Section 153-52 amended by Ord. #2000-07 dated 5/15/00, Ord. #2003-02 dated 3/17/03, Ord. #2005-01 dated 2/07/05, Ord. #2014-01 dated 2/17/14, Ord. #2014-10 dated 7/21/14).

    153-53.   Schedule XXI: Angle parking.

    In accordance with the provisions of 153-24, no person shall park a vehicle upon any of the streets or parts thereof described below, except at the angle designated:

    Name of street Side Angle (degrees) Location
    Cowell Drive South   Adjacent to rear of Post Office building (United States Government Vehicles only)
    Dennison Road East   From a point 407 feet south of Bagdad Road to a point 199 feet south thereof
    Dennison Road West   From 30 feet south of Bagdad Road to 43 north of Garrison Avenue

     

    153-54.   Schedule XXII: Loading zones.

    In accordance with the provisions of 153-25, the following described locations are hereby designated as loading zones:

    Name of street Side Angle (degrees) Location
    Jenkins Court East   From 28 feet north of Main Street to 85 feet north
    Main Street North   From southeast corner of Convenient Super Store driveway to 62 feet east thereof (9:00 a.m. Monday to 4:00 p.m., Monday through Friday, except holidays

    (Section 153-54 amended by Ord. #2009-06 dated 7/20/09)

    153-55.   Schedule XXIII: Taxi stands.

    In accordance with the provisions of 153-26, the following described locations are hereby designated as taxi stands:

    Name of street Side Location
    (Reserved)    

    153-56.   Schedule XXIV: Bus stops.

    In accordance with the provisions of 153-27, the following described locations are hereby designated as bus stops:

    Name of street Side Location
    Madbury Road East From a point 89 feet north of Woodman Road to a point 50 feet south thereof
    Madbury Road West From a point 20 feet south of the driveway at 17 Madbury Road to a point 45 feet south thereof (buses not exceeding 22 feet in length only)
    Main Stree South From 31 feet 10 inches west of Town utility pole No. A7 to 36 feet west of Town utility pole No. B8

     

Chapter 158: Water

  • [HISTORY: Adopted by the Water Department of the Town of Durham: Art. I, effective 1-1-1951. Adopted by the Board of Selectmen (now Town Council) of the Town of Durham: Art. II, 10-26-1981. Sections 158-8, 158-9, 158-12, 158-14A, 158-15A and C, 158-16, 158-19A and 158-20 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

    158-1.  General Provisions.

    Title.  This chapter shall be known and may be cited as the “Water Ordinance of the Town of Durham, New Hampshire” and herein under this chapter referred to as the “Ordinance”.

    Authority.  This chapter is adopted pursuant to the authority granted by RSA-38:26.I, which allows municipalities with Public Water Systems to adopt such ordinances and bylaws relating to the system or structures as required for proper maintenance and operation, and RSA 147:1 in the support of the Health Officer for the protection of public health and safety, and RSA 149-I:6 for the protection and maintenance of wastewater and stormwater infrastructure.

    Purpose.  The purpose of this chapter is to promote the sustainable and secure management, administration, and operation of Durham’s water resources and Public Water Systems, to protect public and environmental health and safety, by the prevention and removal of nuisances, and to comply with state and federal regulations.

    Applicability.  This Ordinance applies to all Residential, Commercial, and industrial Users of the Public Water Systems within the Town of Durham.

    Applicability to Governmental Use Including the University of New Hampshire.  The provision of this chapter shall be advisory with respect to governmental uses as identified by RSA 674:54, including the University Of New Hampshire (UNH) as defined by the Town’s Zoning Ordinance Chapter 175-5.

    158-2.  Definitions.

    A.    Meaning of Words and Terms. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.  Words used in the present tense include the future.  The singular number includes plural and the plural includes singular.  Where terms are not defined in this section, they shall have their meaning as defined in other chapters of the Town Code, or have their ordinary meanings, or such as the context may imply in NH statute, or elsewhere.

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

    ACCESS FEE or CONNECTION FEE - the fee paid for access or connect a service to the Public Water Systems within the Town Durham.

    ACCOUNT HOLDER – an authorized User of the Public Water System whose name is on the account list maintained by the Town. 

    APPLICANT – a potential Account Holder who is applying for connection to the Town’s Public Water Systems.

    APPROVED SOURCE – a source of water utilized by a Public Water System for distribution to the public for consumptive purposes which has been approved by the Regulating Authorities for said use. Approved Source shall also mean Source Water.

    BACKFLOW – the flow or Back Siphonage of water or other liquids, mixtures or substances into the distribution system of a potable supply of water from any source or sources other than the approved source.

    BACKFLOW PREVENTION DEVICE or ANTI-BACKFLOW DEVICE – a device or means to prevent Backflow as required and approved by the Regulating Authorities.

    BACK SIPHONAGE – a Backflow resulting from negative or reduced pressure in the distribution system of a potable water supply.

    COMMERCIAL – premises or property primarily used for or characteristic of commerce. Commercial includes industrial.

    COMMITTEE – the Durham Water/Wastewater/Stormwater Committee formerly known as the Water Policy Committee.

    CONNECTION – either a single water service connection that is no greater than 2-inches in diameter or a fire service line for structures requiring fire suppression systems.

    CONTAMINANT – any physical, chemical, biological, or radiological substance or matter that degrades or potentially degrades the water quality below applicable Drinking Water standards.

    CONTRACTOR – an individual, partnership, or corporation hired to perform a designated task and its authorized agents and representatives thereof.

    CROSS-CONNECTION – any actual or potential physical connection or arrangement between two otherwise separate systems, one of which contains potable water and the other of which contains water of unknown or questionable safety and/or steam, chemicals, gases, or other Contaminants whereby there may be a flow of unapproved water to a water supply.

    DEPARTMENT – the Department of Public Works of the Town Durham, New Hampshire. Department shall also mean Water Department

    DESIGN STANDARD – detailed engineering drawings and/or specifications promulgated by the Department for the design, construction, and maintenance of Public Water Systems infrastructure and components.

    DISCHARGE – any spilling, leaking pumping, pouring, emptying, dumping, dispersing or conveying or material resulting from such actions.

    DISTRIBUTION SYSTEM - all facilities and appurtenances for the conveyance of Drinking Water within the UNH/Durham Water System.

    DRINKING WATER or POTABLE WATER – water that has been approved for human consumption by the regulating authorities.

    EMERGENCY CONDITIONS – conditions that threaten or negatively impact the Source quantity and quality and the operations of the Public Water Systems that may render the water unusable or undesirable by Users and Account Holders.

    ENFORCEMENT AUTHORITY – the Town’s Director of Public Works and/or his/her duly appointed agent and/or the Town’s Code Enforcement Officer/Health Officer.

    EPA – the United States Environmental Protection Agency.

    EXTENSIONS – Water Mains greater than 2-inch diameter required to serve multiple Service Connections.

    FEE SCHEDULE – a list of fees to be paid to the Town by an Applicant or Account Holder for services, equipment, and products provided by the Town or the UDWS in association with the Public Water Systems of Durham.

    ILLICIT – an activity or use not in compliance with this Ordinance or state or federal regulations.

    NHDES – the New Hampshire Department of Environmental Services.

    NONRESIDENTIAL – premises used for other than domestic dwelling.

    OUTSIDE or REMOTE READER – the device placed by the Department on the outside surface of the Property Owner’s premises permitting the Department to determine a Water Meter reading without entering the premises, and which may contain a radio transmitter/receiver.

    PETITIONER – the Property Owner or duly authorized agent of the Property Owner of the premises who is requesting a Connection, or Water Main extension, or rebate for any purpose.

    POLLUTANT – any solid, liquid, or Contaminant which is considered to constitute a nuisance or hazard or threat to the public health that causes or potentially contributes to the degradation or impairment of water clarity or water quality.

    PRIVATE WATER METER – Water Meter that is not owned by the Department, but is installed on the Account Holder’s side of the Department’s Water Meter to monitor a separate portion of the Account Holder’s premises.

    PROPERTY OWNER – the rightful owner of property within the Town of Durham.

    PUBLIC WATER SYSTEMS – water infrastructure and related resources that are used, operated, or maintained by the Town of Durham and its residents and visitors, including drinking water systems, stormwater drainage systems, and water resources.

    REGULATING AUTHORITIES – the UDWS, NHDES or the EPA.

    RESIDENTIAL – a property whose lot, parcel, real estate, or building is used for domestic dwelling only.

    RESTRICTION – temporary measures imposed by the UDWS to restrict the use of water.

    SERVICE CONNECTION or SERVICE – that part of the distribution system extending from a Water Main to a building on an improved property for an Account Holder’s use.

    SHUT OFF – the termination of water service to an individual Account Holder.

    SPECIFICATIONS or STANDARDS - applicable standards, specifications, codes, or regulations required for the construction of water works and appurtenances as adopted by the Town and/or Regulating Authorities, as amended.

    STATE PLUMBING CODE – the most current plumbing code adopted pursuant to RSA-329-A:15 and RSA 155-A.

    STORMWATER – surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or other substances carried along with the water.

    STORMWATER DRAINAGE SYSTEM – a system of conveyances that is owned, operated and/or maintained by the Town and designed or used for collecting or conveying stormwater.  Components include municipal streets and roads, drainage piping, culverts, catch basins, curbs, gutters, ditches, manmade and natural channels. “Stormwater Drainage System” also means Municipal Separate Storm Sewer (“MS4”) as defined by the New Hampshire Small MS4 General Permit.

    TOWN – the Town of Durham, New Hampshire, the Durham Town Council, or the Town Administrator or his/her designee.

    TOWN ADMINISTRATOR – the Town staff person authorized by the Durham Town Council to administer, manage, and execute the affairs of the Town.

    TREATMENT – the application of physical, chemical, or biological processes to reduce the amount of Pollutants in, or to alter the nature of, the properties in a water supply prior to consumption or use.

    UNH/DURHAM WATER SYSTEM or UDWS – the combined drinking water system of the Town of Durham and the University of New Hampshire including all facilities and appurtenances for the withdrawal, treatment, storage, and conveyance of water.

    UNIT – any dwelling accommodation, or household designed as an independent unit for the use by not more than one family equipped for permanent, seasonal or temporary occupancy with independent cooking, sleeping and sanitary facilities. “UNIT” shall also mean any store, office, or Commercial or industrial establishment in a building operated as an independent unit. Nonresidential units shall be further defined in terms of “EQUIVALENT UNITS”. One “equivalent” unit shall be determined by dividing the actual or estimated water usage by the average usage of a single-family dwelling. Water usage for this purpose shall be estimated or established consistent with the rules established by NHDES at Env-Wq 1008.03(c) as amended. Unit shall also mean “residential unit”.

    USER – any person or entity using the Public Water Systems of the Town of Durham.

    WATER MAIN – the supply pipe from which service connections are made to supply Drinking Water to improved properties.

    WATER METER OR METER ASSEMBLY – an assembly of equipment and any component thereof specified by the Department for the measurement of water quantities to be used as a basis for determining charges for water services, and that may include a resetter, Backflow device, and outside reader.

    WATER SUPPLY EMERGENCY – a management phase triggered by a severe drought, operational failure, or disaster that seriously compromises the UDWS’s ability to provided adequate Drinking Water.

    WATER SYSTEM IMPACT ANALYSIS – an analysis performed by the Department or its authorized agent to determine the likely impact on the Public Water Systems from a proposed development.

    WATER TREATMENT PLANT – that portion of the UDWS that is designed to alter or improve the physical, chemical, biological, or radiological quality of the Source Water to comply with Drinking Water standards promulgated by the Regulating Authorities.

    WATER/WASTEWATER/STORMWATER COMMITTEE – a committee consisting of no less than the Director of Public Works, Town Engineer, and two (2) officials of the University of New Hampshire.

    158 -3.  Water Resource Management

    The water resources of the Town are essential to the health, wellbeing, and prosperity of its inhabitants and shall be managed responsibly to protect and conserve these resources for current and future generations in accordance with local, state and federal regulations.

    A.    Water Resource Management Plan.  A Water Resource Management Plan (WRMP) shall be developed and maintained by the Department and the Durham Water/Wastewater/Stormwater Committee under the direction of the Director of Public Works and approval of the Town Administrator.  The WRMP shall describe the management and operational practices necessary to sustainably and efficiently balance water resource demands with appropriate measures and best management practices in a compilation of adaptive plans that shall include by not limited to the following topics: resource protection, supply and demand, water conservation, dam management, source water management, and emergency preparedness and response. 

    B.     Resource Protection.  No person or entity shall Discharge or allow to be Discharged a Contaminant or Pollutant into Public Water Systems of the Town without a permit or beyond the terms or limits set by any such permit.  Such non-compliant or unpermitted Discharges shall be considered illicit and shall be subject to enforcement action as deemed necessary. 

    Water Conservation.  When necessary to conserve the Source Water supply, the Town and/or UDWS reserve the right to restrict or prohibit Users and Account Holder’s use of water pursuant to the WRMP and the regulations contained herein and upon the approval of the Town Administrator. 

  •  158-4. Operating Rules and Procedures.

    A.  Responsibility for costs; maintenance.

    1. On all streets and thoroughfares serviced by a Water Main, all costs incident to new service installations from the main to the Water Meter, including the Water Meter assembly, shall be borne by the Petitioner or Account Holder, including all labor and materials required and costs of excavation and backfill excepting primary Water Meter assemblies for service pipe diameters of 1 inch or less. All costs incident to secondary Water Meter assemblies used in association with outdoor use shall be borne by the Petitioner or Account Holder. The entire installation shall be made in accordance with specifications prescribed by the Department and shall be subject to the strict supervision and inspection of the Department or its authorized representative.

    2. That portion of the installation from the main to and including the curb stop shall become the property of and shall be maintained by the Department.

    3. That portion of the installation from the curb stop to and including the building, excluding the Water Meter, shall remain the property of and shall be maintained by the Property Owner in a condition satisfactory to the Department.

    4. Necessary Water Meters will be furnished by and remain the property of the Department. The town shall be reimbursed by the Applicant for the cost of Water Meter assemblies for larger than 1-inch diameter service pipe and irrigation systems. The Department, or its designated agent, may repair and/or replace Water Meters when, in the sole opinion of the Department, replacement is necessary. The Department shall not be responsible for any repairs or modifications necessitated by the replacement of Water Meters (other than repairs to the portion of the installation which is the property of the Department) absent negligence or intentional misconduct on the part of Department employees or the Department’s authorized representative. 

    5. Account Holders must provide an accessible space for Water Meter assemblies that are protected from vandalism and environmental conditions; such as frost, freezing, and heat. In addition, Account Holders must provide a protected and reasonably accessible location on the premise for the outside reader, and provide and allow unobstructed access to the outside reader and Water Meter assembly. 

    6. The Town assumes no liability for conditions that exist in the Account Holder’s pipes and that cause trouble coincident with or following the repairs of a Water Main, service pipe, a Water Meter assembly or other appurtenance or appliance belonging to the Department. The Account Holder shall provide and maintain adequate leak-free plumbing, fixtures and appliances within and external to the building, including Backflow prevention devices and provisions for thermal expansion.

    7. The Town accepts no responsibility for any Private Water Meter assemblies, or the cost associated with the maintenance or operation thereof.

    B. Alterations in Piping or Fixtures.

    1.   No alterations in any water piping or fixtures whereby the consumption of water shall be increased shall be made without the knowledge of the Department. Property Owners desirous of employing any person or persons other than the Department employees to make additions to or repairs or alterations in any service line shall notify the Department prior to beginning any such work.

    2.   Account Holders shall obtain a permit from the Department to perform any alterations on Public Water Systems. 

    3.   Alterations to Public Water Systems shall only be performed by a qualified contractor approved by the Department.

    158-5.     Service Connections.

    A. Any party interested in connecting to the Public Water Systems (“Applicant”), for the purpose of taking water or discharging to the Stormwater Drainage System must submit a completed application to the Department office in the prescribed form, signed by the Property Owner of the property or his/her duly authorized agent.

    B. Applications for new service connections associated with proposed utility extensions and new Residential or Commercial accounts requesting a peak demand of more than 5,000 gallons per day shall be reviewed by the Water/Wastewater/Stormwater Committee.  The Committee shall make a recommendation for approval or denial to the Town Council within 60 days of receipt of application and prior to any Planning Board Approval of said project.  All applications under review by the Committee shall include estimates of peak and average daily demand and be accompanied by design plans prepared by a Professional Engineer licensed in the State of New Hampshire identifying the projected complete infrastructure configuration and details complying with the Department’s minimum design standards.  

    C. Upon change in ownership in a Commercial or industrial Account Holder, the new owner shall be required to apply and to submit revised service data and plans, where applicable, to the Department and shall conform to all Department regulations.

    D. No person or entity, except with the authorization of the Department, shall tap any Water Main or connect any service pipe to such main, nor shall any unauthorized person turn on or shut off the water from any Water Main.

    E. Any Applicant for a connection related to a Commercial development, apartment building, or multi-unit dwelling, or the equivalent thereof (excluding duplexes), shall be responsible for a Water System Impact Analysis as defined by the Department and at no cost to the Town.

    158-6.     Use of Hydrants.

    No person, except firemen in the actual Discharge of their duty, employees of the Department and the Superintendent of Properties of the University of New Hampshire or his authorized agent for purposes of testing, shall open any hydrant without the consent of the Department. Except in cases of actual emergency, the Department must be notified when any such action is contemplated.

    158-7.     Procedure for Claims of Inadequate Supply.

    In the event that an Account Holder claims to receive an inadequate supply of water through his service pipe, the Account Holder shall furnish proof of inadequacy  to the Department and that the portion of the service within the Account Holder’s own premises up to the curb stop is in a satisfactory condition and free of any obstruction before action is initiated by the Department.

    158-8.     Water Shut Offs.

    A.    Repairs and Maintenance.  The Department shall have the right to shut off water from any pipes without notice to make repairs or additions of new work or installations or for other legitimate purposes. The Department will endeavor, however, to give reasonable notice in such cases. However, failure to give such notice shall not render the Department responsible or liable for any damages that may result for the shutting off of the water or any coincident conditions.

    B. Delinquent Payment; Responsibility of Account Holder or Property Owner.  Any violations of the terms and conditions hereby established or failure on the part of any Property Owner or Account Holder to pay any and all claims of the Department within thirty (30) days after they are due and payable shall be considered sufficient cause for shutting off the supply of water to such Property Owner or Account Holder. Five (5) days after written notice has been given, the water shall be shut off, and the supply shall not be again turned on until all cause of complaint shall have been removed and, in addition, the regular charge for turning on the water shall have been duly paid to the Department. In all cases, the  Property Owner or Account Holder will be held responsible for the payment of all Department bills against his premises, whether he is an occupant of the premises or not.

    158-9.     Access to Account Holder Premises.

    Authorized agents of the Town or authorized employees or representatives of the Department shall have access to the portion of the premises containing Town equipment of any Account Holder between the hours of 8:00 a.m. and 6:00 p.m. for purposes of reading, testing, replacing, or repairing Water Meters, to examine pipes and fixtures and to maintain and repair existing waterlines on private property. 

    158-10.   Cross-Connection and Backflow Prevention.

    In compliance and in conjunction with NHDES Administrative Rule Env-Ws 364 Backflow Prevention, the Department shall publish an established set of rules and administer a Cross-Connection & Backflow Prevention Program per Env-Ws 361.11, and implement said program to properly contain the water distribution system and prevent contamination from Service Connections. No Service Connection or Cross-Connection to the distribution system shall be allowed unless protected by an approved Backflow preventer commensurate with the associated hazard classification.

    All Backflow prevention devices shall meet the minimum requirements of NHDES and UDWS, and shall be located at the water service entrance, and all water consumption within the premises shall pass through the protective device. 
    All costs for installing, testing, and maintaining Backflow prevention devices, including code compliant provisions for thermal expansion, shall be borne by the Account Holder.
    The Department shall develop a Backflow inspection and testing program and establish and collect certain fees and charges associated with inspection and testing of premises and devices.

    158-11.   Enforcement and Penalties.

    Notice of Violation.  Whenever the Enforcement Authority believes that a User has violated this Ordinance, the Enforcement Authority may order compliance with this Ordinance by written notice of violation to that User indicating the nature of the violation and ordering the action necessary to correct it, including without limitation:

    1.   Termination of any and all permits and disconnection of the premises from the Public Water Systems;

    2.   The cessation of Discharges, practices, or operations in violation of this Ordinance;

    3.   At the Users expense, the elimination of non-compliant Discharges and the restoration of any affected property;

    4.   The payment of fines, of the Town’s remediation costs, and of the Town’s reasonable administrative costs and attorney’s fees and costs.

    5.   If abatement of a violation and/or restoration of an affected property are required, the notice shall set forth a deadline within which such abatement or restoration must be completed.

    Penalties/Fines/Injunctive Relief.

    1.   Pursuant to RSA 38:26.II, any person or entity who knowingly or accidentally violates any provisions of this Ordinance shall be guilty of a misdemeanor, and on conviction thereof may be fined in accordance with the Schedule of Fines established by the Town Administrator with the advice of the Town Council and included in the Town’s Master Fee Schedule.

    2.   For the purpose of this ordinance, each day that a violation continues following notice of the violation shall constitute a separate and new offense subject to an increased fine.  

    3.   The Town Administrator may waive imposition of any fine for good cause shown.

    4.   Any Property Owner not having control of the property (i.e., a landlord) who is notified of a violation on the property and who does not take responsible steps to immediately correct the violation shall be guilty of violating this ordinance and shall be subject to fines as set forth above.

    5.   Any User who violates this Ordinance shall be responsible for any and all fines, penalties, damages and costs, including, but not limited to attorney’s fee and costs, incurred by the Town for violation of federal and state environmental and Drinking Water laws and regulations caused by or relating to that User’s violation of this Ordinance.  This responsibility shall be in addition to the penalties, fines, or injunctive relief imposed under this section.

    6.   Any User who violates this Ordinance may be subject to orders for injunctive relief and shall be responsible for the Town’s attorney’s fees and costs related thereto if injunctive relief is ordered by the court.

    Consent Agreement.  The Enforcement Authority may enter into a written consent agreement with the violator to address timely abatement of the violation(s) of this Ordinance, for the purpose of correcting the violations of this Ordinance, and of recovering fines, costs and fees without court action.
    Ultimate Responsibility of User.  The standards set forth herein are minimal standards; therefore this Ordinance does not intend nor imply that compliance by any User will ensure that there will be no contamination, pollution, nor authorized Discharge of Pollutants into the Public Water Systems by such User.  This Ordinance shall not create liability on the part of the Town, or any officer agent or employee thereof for any damages that may result from any User’s reliance of this Ordinance or any administrative decision lawfully made hereunder. 
    Restoration/Remediation/Losses.  The Enforcement Authority shall also have right to levy an assessment of costs related to the restoration of affected property, the remediation of non-permitted uses or Discharges and such other quantifiable losses and damages caused by any non-permitted use or Discharge.
    Nothing in this Ordinance precludes the Town’s Code Enforcement Officer from exercising concurrent enforcement powers arising from the Zoning Ordinance of the Town of Durham as they may relate to the Public Water Systems.

    158-12.   Advance Payment for Work.

    If the Property Owner or his authorized agent requests the Department to do work, he shall be required to make an advance payment, i.e. before any work is begun, of such an amount of money as, in the judgment of the Department, will reimburse the Department for any and all expense incidental thereto for which the Applicant is properly responsible. This regulation shall also apply to installation, repair, and replacement of service piping and Water Meter Assemblies in the event that such replacement or repair is, in the judgment of the Department, due in any way to negligence on the part of the Property Owner. Should the advance payment be insufficient to cover the cost of the installation or should the payment have been in excess, financial adjustment shall be made immediately upon completion of the work.

    158-13.   Petitioned Water Main Extensions.

    Petition for Extension of the Water Main signed by the abutting Property Owners will be received and referred to the Water/Wastewater/Stormwater Committee for recommendations. Approval of petitions will be subject to the following:

    A.  When, in the judgment of the Town Council, a sufficient number of Property Owners have signed the petition to justify the installation of the new main, the design and construction of the new Water Main Extension will be authorized and construction started as soon as feasible and as soon as the necessary funds are made available. The cost of the Extension shall be borne by the Petitioners and the costs are to be shared by all Petitioners in direct ratio to the front footage of property of each Petitioner, and the total cost shall be based on an estimation of design and construction costs developed by the Department or an authorized representative and approved by the Water/Wastewater/Stormwater Committee.

    B.  The excess cost of extension as set forth in Subsection A above shall be payable in cash or in not more than ten (10) annual payments, subject to an annual interest charge of five percent (5%) on the balance due.

    C.  The Town reserves the right to extend Public Water Systems infrastructure for its own benefit.

    158-14.   Extensions to New Developments.

    A.  Extensions of Water Mains to new developments or subdivisions will be officially reviewed by the Department only after Acceptance of a Subdivision or Site Plan Application for a proposed development or subdivision has been made by the Durham Planning Board and its recommendations have been submitted to the Town Council and the Department.  Approval of said Extension shall only be granted following a review of the application and supporting documentation by the Durham Water/Wastewater/Stormwater Committee and approval by the Durham Town Council.

    B.  Water Mains in new developments or subdivisions to be served by the Department shall be installed by the developer or subdivider at no expense to the Town according to specifications established by the Department. When such installations are made and are accepted, they are to become the property of the Department.

    C.  When deemed by the Department a prudent investment, the cost of Extension of existing Water Mains to the entrance of the proposed subdivision may be borne by the Department to the extent set forth in section 158-18 Fee Schedule, each connection to be guaranteed by the subdivider at the time of Extension of Town Water Mains, provided that all other costs will be met by the subdivider and further provided that the subdivider will be required to provide a guarantee to the Department for a period of ten (10) years, in a manner satisfactory to the Department, the minimum annual water rental for the number of connections guaranteed at the time of Extension or a quarterly fee equal to a percentage of the total cost of Extension of the mains as set forth in the Fee Schedule, whichever is the greater.

    158-15.   Water Meter Reading.

    Water Meters will be read on a monthly basis, and billing will be made according to a rate per cubic foot of water consumption. The current rate is on file with the Town.

    158-16.   Emergency Response.

    A. An Emergency Response Plan shall be developed and maintained by the Department and the Durham Water/Wastewater/Stormwater Committee under the direction of the Director of Public Works and with the approval of the Town Administrator in accordance with Env-Ws 360.15 to address Water Supply Emergency conditions. 

    B. In response to Water Supply Emergency conditions, Public Water Systems failures, disasters, resource contamination or severe droughts, the Town Administrator has the authority to declare a Water Supply Emergency and proceed with remedial action as deemed necessary. This action may include but be not limited to issuing the following mandatory restrictions and bans on outdoor potable water use by Account Holders:

    1.   No washing of sidewalks, driveways, paths, parking areas, buildings whether main or accessory, gutters, tennis courts, patios or other paved areas.

    2.   No washing of any motor vehicle or trailer.

    3.   No washing of any boat, recreational vehicle, moped, or off road motorized vehicle.

    4.   No operation of ornamental fountains or ponds except where necessary to support aquatic life when such use is kept to the minimum to meet that goal.

    5.   No filling, refilling or adding of water to any private swimming pool, wading pool, hot tub or spa.

    6.   No use of water for recreational purposes such as water slides or yard play equipment.

    7.   No use of temporary or permanently installed lawn or landscape sprinkling or irrigation systems.

    8.   No use of hose end sprinklers.

    9.   No watering of lawn, ornamental gardens, or landscape areas.  Trees, shrubs, rare plants, and vegetable gardens may be watered from a handheld container.

    C.   Any person or entity found in violation of any provision of Section 158-16.B shall be subject to the fines/penalties/injunctive relief specified in 158-11.B.  Each day in which a violation continues shall be deemed a separate violation.

    D.  Within 24 hours of declaring a Water Supply Emergency, the Town Administrator shall notify the Commissioner of NHDES of the incident and/or the conditions causing the situation, and provide detailed information regarding the remedial action being taken and the measures being implemented to provide reasonably adequate Drinking Water.

     

  • 158-17.  Description of Fees.

    The Town Administrator is authorized to establish and adjust fees for Account Holder use of water as necessary to ensure the efficient and responsible operations and maintenance of the Town’s Public Water Systems, and to list all such fees in the Fee Schedule (See 158-18). All fees shall be paid at the time requests/applications are submitted to the Department.

    A.  New Service Connections. An Access Fee for use of an existing service or connecting a new service to the Public Water Systems shall be determined for all classes of Users on a per- bedroom basis for Residential Account Holders and per equivalent Residential unit basis for Commercial Account Holders as established by the Water/Wastewater/Stormwater Committee.  This fee may be amended as needed by the Town Administrator based on recommendations by the Water/Wastewater/Stormwater Committee.

    B.  Changes In Use.  Any change in use, including increase in occupancy or expansion of Commercial or Residential facility, shall be subject to a fee, as determined by the Water/Wastewater/Stormwater Committee and consistent with new service connections.

    C. Shut Off Fee.  Should the water be shut off at the request of the Account Holder, Property Owner, tenant, or agent, or for cause, a fee shall be collected for turning on the water again.

    D. Miscellaneous Fees. The Department may establish and maintain fees as deemed necessary to pay for all costs associated with labor and material expenses incurred by the Department for flow and pressure testing of fire hydrants, Water System Impact Analyses, Water Meter rental, Water Meter reading and testing, and for the inspection and testing of Backflow prevention devices and equipment.

    E. Abatements. The Town Administrator shall have the authority to approve abatements for demonstrated overcharging based on Water Meter and administrative errors. When an Account Holder submits a written petition for abatement the Department will immediately cause Water Meter to be tested and the results of such test shall be forwarded to the Account Holder and the Town Administrator.  After being tested, the Water Meter is found to be accurate within 2 percent of a possible 100 percent, the Account Holder shall be held responsible for a service charge for Water Meter testing.

    158-18.   Fee Schedule.

    Fees shall be as set forth in the Fee Schedule, which is on file with the Town.  The Town Administrator shall have the authority to update the Fee Schedule as deemed necessary. 

    158-19.   Billing and Enterprise Fund.

    A. Billing. Bills for water consumed shall be rendered at least semiannually and are due and payable upon presentation. The frequency of billing shall be established by the Town Administrator and described in the Fee Schedule.

    B. Disposition of Payments. Payments for water use and services provided by the Department and the UDWS shall be placed in a dedicated water system fund for the purpose of waterline expansion, enlargement of treatment, storage or other facilities, system operation, maintenance and administration, or payment of bonded indebtedness, and as recommended annually by the Water/Wastewater/Stormwater Committee.

  • 158-20. Design & Construction Standards.

    A. The Department shall establish and maintain a Manual of Design & Construction Standards, herein referred to as the Manual, relating to Public Water Systems infrastructure design, construction, testing, and analytical standards and methods in accordance with applicable industry and EPA standards and NHDES Administrative Rules under the direction of the Director of Public Works and approval of the Town Administrator. 

    B. The Department will conform to all requirements of NHDES for the construction and operation of its Public Water Systems as it pertains to sanitation, water resource protection, and the potability of the water.

    C. Any person or entity connecting to the Public Water Systems shall be responsible for the ownership, maintenance, testing, and analyses of the associated infrastructure in accordance with the Manual from the premises to the Public Water Systems including all equipment, devices, and management practices.

    D.  All proposed service pipes, mains and appurtenances shall be of a size and material determined to be adequate by the Department and as described in the Manual.

    (This Chapter was replaced in its entirety by Ord. #2013-08 dated 10/21/13)

Chapter 161: Wearing of Facial Coverings in the Town of Durham

  •  

    [HISTORY: Adopted by the Town Council of the Town of Durham through EMERGENCY ORDINANCE Ordinance #2020-11 dated August 3, 2020.  61-day extensions were passed on Sep 21, Nov 16, and Dec 22, 2020].

    161-1.  Authority. 

    In accordance with Section 3.9 of the Charter of the Town of Durham, the Town of Durham, through the chief of police, shall take immediate action to ensure that persons wear facial coverings under the conditions listed below within the Town of Durham.

    1.  Employees of all businesses shall wear a face covering over their mouth and nose when interacting with the public and whenever they are within six feet of a co-worker or a customer. 

    2.  Members of the public entering or queued to enter, remaining in, or exiting from any business, including without limitation any outdoor area where business of any sort is conducted, work site, or Town of Durham government building, including the designated polling place at the Oyster River High School while elections are being held, must wear a face covering. The Oyster River Cooperative School District, University of New Hampshire, and State and Federal authorities may have different regulations for their facilities. 

    3.  Members of the public entering or queued to enter a restaurant or establishment serving alcoholic beverages for the purpose of picking up food for takeout or any other purpose must wear a face covering. Members of the public dining indoors or outdoors at a restaurant may remove face covering while seated at their table.  Members of the public must wear a face covering when entering, using, or leaving the restroom of a restaurant.

    4.   Members of the public utilizing sidewalks and other public ways within the Central Business, Professional Office, Church Hill, and Courthouse zoning districts as defined by the Durham Zoning Ordinance (https://www.ci.durham.nh.us/sites/default/files/fileattachments/planning...), Chapter 175 of the Town Code, must wear a face covering when coming into contact with others and social/physical distancing of at least six feet is not be possible.  [For informational purposes only, these zoning districts generally encompass the following roads:  Main St. from Garrison Ave. to Rt. 108 intersection; Dover Rd./Rt. 108 from Young Dr. to Newmarket Rd./Rt. 108; Newmarket Rd./Rt. 108 from Mill Pond Rd. to Dover Rd./Rt. 108; Schoolhouse Ln., Mill Rd. from Mill Plaza entrance to Main St.; Madbury Rd. from Main St. to Bagdad Rd.; Bagdad Rd. from Madbury Rd. to Dennison Rd.; Garrison Ave.; Strafford Ave. from Garrison Rd. to curve by Adams Tower; Woodman Rd. from Madbury Rd. to Dennison Rd.; Dennison Rd.; Pettee Brook Ln., Mathes Terr.; Rosemary Ln. Cowell Dr. from Madbury Rd. to Sauer Terr.]

    5.   Members of the public utilizing public recreational lands are strongly encouraged but not required to wear a face covering over their nose and mouth to the fullest extent practicable and especially where there is a high likelihood of coming into contact with others and social/physical distancing of at least six feet may not be possible.

    6.   Residents, visitors, and members of the public entering or present at a residential complex of greater than two (2) units, whether inside or outside, are strongly encouraged but not required to wear a face covering in common areas and communal spaces to the fullest extent practicable and especially when there is a high likelihood of coming into contact with others and social/physical distancing of at least six feet may not be possible. 

    7.   As used herein “face covering” means a covering made of cloth, fabric, or other soft or permeable material, including surgical masks, without holes, that covers only the nose, mouth, and surrounding areas of the lower face. A face covering may be factory made or homemade and improvised from ordinary household material. 

    8.   Notwithstanding the above this order does not require children under 10 years of age to wear face covering (parents should make their own judgment). Face covering is not recommended for children less than 2 years of age.

    9.   A face covering is also not required to be worn by any person if said person can show a medical professional has advised that wearing a face covering may pose a risk to said person for health-related reasons.

    10. A person may temporarily remove a face covering when in a business if obtaining a service or product that requires verification of the person’s identity or age.

    161-2.  Penalties.

    Anyone who violates this ordinance AND refuses to comply with local, county, or state law enforcement officers to meet the requirements outlined herein shall be subject to a fine in the amount of $100 for the first offence, $200 for the second offense, and $500 for the third and subsequent offense, and/or shall be summoned to the Dover District Court.

    161-3.  Effective Date

    In accordance with Section 3.9 of the Town Charter, this Emergency Ordinance shall be effective upon adoption and shall stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance by the Town Council in the manner specified in Section 3.9 of the Charter if the emergency still exists.

Chapter 164: Welfare

  • [HISTORY: Adopted by the Annual Town Meeting of the Town of Durham 3-13-1986 as Art. 15; amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

    164-1.     Adoption of guidelines.

    The Town Council adopts welfare guidelines in accordance with RSA 165:1, which requires that the town adopt guidelines by April 1, 1986.

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