Article 40: Alternate Amendment of Entertainment Activities Code

UPON PETITION of Bryan Provencal and at least twenty-five (25) registered voters of the Town of Hampton, New Hampshire, to see if the Town will vote to amend Chapter 149 of the Code of the Town of Hampton:  Entertainment Activities, as follows:

(In the event that you agree that there must be changes to the regulations of Entertainment Activities at the Beach, but cannot agree with the entire foregoing Warrant Article # 39).

8. § 149-9. Hours restricted

ADD: “The using, operating, or permitting of an entertainment activity, either inside or outside, in the BS or the BS1 zones shall not be allowed between the hours of 1:00 a.m. and 12:00 noon on any day of the week.”

9. § 149-15. Noise standards applied

D. Noise Levels

ADD: “For entertainment activity in the BS or the BS1 zones, it shall be unlawful for an operator to emit or cause to be emitted any noise beyond the boundaries of his/her/its property in excess of eighty (80) decibels (db) measured in the A scale between 12:00 noon and 12:00 midnight and in excess of sixty (60) decibels (db) between 12:00 midnight and 1:00 a.m.

For determining the noise levels for entertainment activity in the BS and in the BS1 zones, the point at which the sound readings shall be taken and recorded shall be at those points which are located fifty (50) feet from the operator’s property lines.”

What it means: The main difference between Article 40 and Article 39 is that Article 40 maintains the current Entertainment Activities License.  The changes to the hours and decibel levels are the same.

Those in favor say: The people in favor of Article 39 have the same favorable things to say about Article 40.  Please see that statement.   They offer Article 40 for those who agree that the beach needs to be able to provide entertainment, but also feel that the licensing and enforcement procedures should remain as they are currently.

Those against say:  The people against Article 39 have the same issues with Article 40.  Please see that statement.

Fiscal Impact:  No tax impact.