TOWN OF HANOVER, NEW HAMPSHIRE

 ORDINANCE #32

PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES OR LIQUOR IN CERTAIN PUBLIC PLACES

AND

PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES OR LIQUOR IN CERTAIN PUBLIC PLACES

         Pursuant to RSA 41:11, 41:11-a and every other applicable law, the Board of Selectmen of the Town of Hanover hereby ordain as follows:

I.             ACTS PROHIBITED

         From and after the effective date of this Ordinance and except as provided in paragraph II it shall be unlawful for any person to Consume, Transport, Carry, or Possess any liquor or alcoholic beverage while within the limits of any way, while on public property, or while on any property owned or leased by the town, except in the original container and with the seal unbroken.

Amended 6/19/06

II.          EXCEPTIONS

         This Ordinance shall not apply to:

A.           Persons transporting, carrying, possessing, having or consuming any liquor or alcoholic beverage in a chartered bus, in a taxi, or in a limousine for hire, to the same extent that any such act is not prohibited by state law.

B.           Persons riding within a boat or other vessel designed for and approved by the United States Coast Guard for transporting passengers on any public waterway within the Town.

C.           Persons on residential property owned by the Town which is rented, leased or used by persons for habitation.

Amended 6/19/06

         III.    PENALTY

         Any person who violates any provision of this Ordinance shall be subject to a civil penalty of $50 (fifty dollars) for the first such violation and a civil penalty of $200 (two hundred dollars) for each subsequent violation.

IV.        ENFORCEMENT AUTHORITY

         All duly appointed police officers of the Hanover Police Department are hereby designated as the enforcement authority for this Ordinance.

V.           JURISDICTION; AVOIDANCE OF SUMMONS

         Pursuant to RSA 502-A:11-a the District Court shall have jurisdiction of the prosecution of any violation of this Ordinance.  All fines collected shall be for the use of the town.  The enforcement authority may issue a summons and complaint along with a notice of fine pursuant to the procedures for pleas by mail set out in RSA 502-A:19-b.  Any alleged violator may avoid the filing of a summons and complaint by the voluntary payment of the civil penalty.  Such voluntary payments shall be deposited in the town's general fund.

VI.        ORDINANCE NOT EXCLUSIVE

         This Ordinance shall be construed as exclusive, and any other applicable federal, state, or local law, regulation or ordinance which also applies to the prohibited acts may be given full force and effect at the discretion of the enforcement authority.

VII.     DEFINITIONS

         As used in this Ordinance:

A.           "Alcoholic Beverage" shall have the same meaning as defined in RSA 175:1 as it may be amended from time to time.

B.           "Liquor" shall have the same meaning as defined in RSA 175:1 as it may be amended from time to time.

C.           "Way" shall have the same meaning as defined in RSA 259:125 as it may be amended from time to time.

Amended 6/19/06

VIII.  EFFECTIVE DATE

         Having held a public hearing, the Board of Selectmen voted to adopt this Ordinance on the __________ day of _________________, 1998 which shall be the effective date hereof.

         IN WITNESS WHEREOF, a majority of the Board of Selectmen have hereunder set their hands.

                                                     TOWN OF HANOVER
                                                     BOARD OF SELECTMEN

                                                                  _________________________

                                                                  Marilyn W. Black, Chair

                                                                  ­­­­­­­­­_________________________

                                                                  Katherine S. Connolly

                                                                  ­­­­­­­­­_________________________

                                                                  Brian F. Walsh, Vice Chair

                                                                  ­­­­_________________________

                                                                  John W. Manchester

                                                                  ­_________________________

                                                                  John P. Colligan

TOWN OF HANOVER, NEW HAMPSHIRE

AN ORDINANCE

PROHIBITING OPEN CONTAINERS OF ALCOHOLIC BEVERAGES

OR LIQUOR IN CERTAIN PUBLIC PLACES

AND

PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES

OR LIQUOR IN CERTAIN PUBLIC PLACES

Date of Notice as to Posting and Publication:_____________________________

Date of Public Hearing:______________________________________________

Date of Adoption: __________________________________________________

Date of Notice of Adoption and Effective Date: __________________________

Date of Recording in the Town Records: ________________________________

Date of Approval by Town Legal Counsel as to Form and Authority: __________

                                                                           ______________________________

F:lgordopcanord

Adopted: 06/15/98

Amended 6/19/06