HB 736 – AS INTRODUCED
2007 SESSION
06/01
HOUSE BILL 736
AN ACT relative to administrative enforcement of certain violations of municipal ordinances.
SPONSORS: Rep. Kurk, Hills 7; Rep. Patten, Carr 4
COMMITTEE: Municipal and County Government
This bill permits municipalities to establish a civil administrative enforcement system as an alternative to the use of the New Hampshire court system for the enforcement of violations of municipal ordinances.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1037
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to administrative enforcement of certain violations of municipal ordinances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fines and Penalties; Second Offense. Amend RSA 676:17, V to read as follows:
V.(a) The building inspector or other local official with the authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title may commence an action under paragraph I either in the district court pursuant to RSA 502-A:11-a, or in the superior court. The prosecuting official in the official’s discretion may, prior to or at the time of arraignment, charge the offense as a violation, and in such cases the penalties to be imposed by the court shall be limited to those provided for a violation under RSA 651:2 and the civil penalty provided in subparagraph I(b) of this section. The provisions of this section shall supersede any inconsistent local penalty provision.
(b) As an alternative to subparagraph (a) a city or town may establish, by ordinance, systems for administrative enforcement of certain municipal code violations.
2 Effective Date. This act shall take effect January 1, 2008.